Last Updated: June 24, 2019
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN “YOU” AND Whaleapp LTD, having company ID number 515751840, with headquarters located in Israel collectively "WHALEAPP" "WE", "OUR" "US").
THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITES LOCATED AT THE URL(S) WHALEAPP.COM AND THE GAME DOWNLOADED TO YOU MOBILE DEVICE; AS WELL AS ALL ASSOCIATED SITES LINKED BY WHALEAPP, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” ALSO INCLUDE THE GAMES, MATERIALS, CONTENT, SERVICES AVAILABLE THROUGH THIS SITE AND ANY SOFTWARE THAT WHALEAPP PROVIDES TO YOU FOR DOWNLOAD IN YOUR MOBILE DEVICES (EACH A "MOBILE APPLICATION") (ALL OF THESE COLLECTIVELY, THE "SERVICE").
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY.
1. GENERAL USE AND CHANGES
The Service is licensed, not sold, to you. Whaleapp reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, any violation of the Terms. You agree that Whaleapp may suspend or discontinue the Service (or any feature or Mobile Application thereof) or change the content of the Service at any time, for any reason, with or without notice, and without liability.
IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, YOU MAY NOT BE ABLE TO USE ALL THE SECTIONS OF THE SERVICE OR SUBMIT ANY INFORMATION TO WHALEAPP OR THE SERVICE. IF YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A MINOR USING THE SERVICE, YOU HEREBY AGREE THAT YOU HAVE REVIEWED AND AGREED TO THESE TERMS, TO BIND THE MINOR TO THESE TERMS AND TO FULLY INDEMNIFY AND HOLD HARMLESS WHALEAPP IF THE MINOR BREACHES ANY OF THESE TERMS. IF YOU ARE A MINOR, YOU UNDERSTAND THAT YOU NEED YOUR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICE. If you are a parent or legal guardian of a minor, you hereby agree to bind the minor to these Terms and to fully indemnify and hold harmless Whaleapp if the minor breaches any of these Terms.
Whaleapp can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Service and by notifying you either through a banner on the Service or, depending on your account status, via email at Whaleapp’s sole discretion. These Terms will come into effect within 5 days of posting. By using the Service after Whaleapp has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular features of the Service. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
You understand and agree that the Service (and any Mobile Applications) are evolving. As such, Whaleapp may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Mobile Applications might change the system specifications necessary to use the Mobile Application, and in such a case, you, and not Whaleapp, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Mobile Application. You acknowledge that when an upgrade is available, previous versions of the Mobile Application may cease to be available or no longer be supported by Whaleapp.
3. USE OF THE SERVICE
(a) Visitors and Guests. If you are a visitor, You will be able to view and use certain of the features of the Service that are available without registration. You need not register with Whaleapp to simply visit and view the Site, the public information on the Service or to download certain of the Mobile Applications. You will also have the option to play Games as a guest if that is your preference.
(b) Account Registration. In order to access certain features of the Service you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user of the Service (“User,” or “user”) who has registered an account with us (“Account”) or has a valid account on the social networking service through which the User has connected to the Service (each such account, a “Third-Party Account”).
(d) Registration Data. In registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (A) notify Whaleapp immediately of any unauthorized use of your password or any other breach of security; and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Whaleapp has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Whaleapp has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). Whaleapp reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.
(e) Network Access. When you access the Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by your network provider and not all features of the Service may work with your network provider or device.
4. RULES OF CONDUCT
By using Whaleapp’s Service you agree NOT to (or solicit another user to do so):
- create an Account if you are under the age of 13;
- act or allow any behavior that violates the rules of the Third Party Platform, provided that the access to the Service made through such a platform;
- create an Account using a false identity or information, or on behalf of someone other than yourself;
- create an Account or use the Service if you are a convicted sex offender;
- have an Account or use the Service if you have previously been removed by Whaleapp, or previously been banned from playing any Whaleapp game;
- use your Account, the Site or Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to anyone;
- use your Account or Service to engage in any illegal conduct;
- access another user’s account without permission;
- use the Site or Service in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
- collect or harvest any information about other users;
- post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially, ethnically or religiously insulting, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material to conduct;
- discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
- use features of the Site or Service for anything other than their intended purpose;
- interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third Party Platforms;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service, including any Service available on or through Third Party Platforms;
- engage in any other prohibited conduct;
You further represent and warrant that (a) You are not located in a country that is subject to a U.S.A. Government embargo, or that has been designated by the U.S.A. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S.A. Government list of prohibited or restricted parties.
5. VIRTUAL CURRENCY AND GOODS
The Service may include the option to purchase, with “real world” money, a license to use (i) virtual, in-game currency (“Virtual Currency”) as well as (ii) virtual, in-game goods (“Virtual Goods”) by using legal tender. This can only be done if you are considered a legal adult in your country of residence. Virtual Currency and/or Virtual Goods may be purchased only via the Service and only in the manner stipulated in each Game. Any Virtual Currency and/or Virtual Goods obtained by Users other than through the Service, may be deemed void or voidable by Whaleapp, at its sole discretion.
ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE DEEMED TO BE FINAL AND NON-REFUNDABLE, unless stated otherwise at our discretion. You will have no right or title to any Virtual Goods and/or Virtual Currency you acquire. Virtual Currency may only be redeemed toward the purchase of Virtual Goods or items. Virtual Currency is not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other Account, except to the extent described herein, or as required by applicable law.
Virtual Currency does not expire. Notwithstanding the foregoing, Whaleapp has absolute control over all Virtual Currency and Virtual Goods and at any time has the right to change the value, modify and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability. Whaleapp's obligation to you regarding purchased Virtual items will be deemed performed upon transfer of the Virtual Goods and/or Virtual Currency to your Account.
NO REFUNDS WILL BE GIVEN BY WHALEAPP. The Virtual Currency and Virtual Goods have no real currency value, CANNOT BE REDEEMED FOR REAL MONEY, AND CAN ONLY BE USED WITHIN THE GAMES OFFERED BY WHALEAPP. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your Account is terminated or suspended for any reason, in Whaleapp’s sole and absolute discretion, or if Whaleapp discontinues its Games, you forfeit any and all Virtual Currency and Goods. Whaleapp has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Whaleapp shall have no liability to you or anyone for the exercise of such rights.
6. PAYMENT OF FEES
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. All payments will be processed through the App Store (as defined in Section 14 below) from which you originally downloaded the Mobile App.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within the Mobile Application on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period specified in the Mobile Application (“Subscription Period”). Payment will be charged to App Store account at confirmation of purchase in accordance with the relevant App Store rules. Subscription automatically renews unless auto-renew is turned off or cancelled by You at least 24-hours before the end of the current Subscription Period. Your App Store Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal in accordance with the relevant App Store rules. Subscriptions may be managed by You according to Your App Store account Settings after purchase. No cancellation of the current Subscription is allowed during active Subscription Period. Trial period may be provided with respect to certain Subscription. You may cancel a subscription during its free trial period (if available) via the Subscription setting through Your App Store account. This must be done 24 hours before the end of the subscription period to avoid being charged.
Whaleapp may revise the pricing for the goods and services offered to you through the Mobile Application at any time. YOU ACKNOWLEDGE THAT WHALEAPP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE MOBILE APPLICATION.
Whaleapp may also provide links to other websites or third party services, some of which may charge separate fees, which are not included in any fees that you may pay to Whaleapp. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
7. TERM AND TERMINATION
(a) Term. The Terms commence on the date when you Accept them (as described in the preamble above) and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms.
(b) Termination. If you want to terminate the Service, you may do so by (a) notifying Whaleapp at any time; and/or (b) closing your Account. We reserve the right to terminate or suspend your Account or access to any or all of the Games at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during your use of the Games or the Service.
(c) Effect of Termination. Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Whaleapp will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
8. DISPUTES BETWEEN USERS
You are solely responsible for your interactions with other users of the Service. Whaleapp may at any time intervene in disputes between you and other users, but is under no obligation to do so. Whaleapp will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind.
If you have a dispute with one or more users, YOU RELEASE WHALEAPP (and our officers, directors, agents, subsidiaries, joint ventures and employees) FROM CLAIMS, DEMANDS AND DAMAGES (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. You agree that your access and use of the Service shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, WHALEAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. Whaleapp makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and, to the fullest extent permitted by applicable law, assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Site or Games;
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service or Site by any third party;
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service and/or Site.
10. LIMITATION OF LIABILITY
WHALEAPP’S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND THE SERVICE, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID WHALEAPP IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY.
UNDER NO CIRCUMSTANCES WILL WHALEAPP BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, OR WHETHER OR NOT WHALEAPP HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Whaleapp shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
You agree to indemnify and hold Whaleapp, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Whaleapp Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Whaleapp reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Whaleapp in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.
12. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
You acknowledge that all intellectual property rights in our Service and its underlying technology, and all information and content available on or through the Service (excluding User Content (as defined below) but including the characters, graphics, storylines, sounds, Virtual Currency and Virtual Goods in the Games) are owned by us and/or our suppliers (including other users).
The Service is protected by copyright laws throughout the world. Subject to your compliance with these Terms, and any other relevant Whaleapp policies, Whaleapp grants you a limited, non-exclusive, non-transferable, non- sublicenseable, revocable license (subject to the limitations set forth herein) to download, install, access, view and/or use the Service (including a copy of the Mobile Application on a single mobile device or computer that you own or control) solely for your personal non-commercial entertainment purposes. No other use of the Service is authorized. In consideration of this authorization, you agree that any copy of the features of the Service or its components that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.
You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Service or its features or components in whole or in part without our prior written authorization. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Stored Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system), and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. You may not sell, copy, exchange, transfer, assign or otherwise distribute anything you copy or buy from the Mobile Application, unless you are expressly permitted by Whaleapp. We and our suppliers (including other users) reserve all rights not granted in these Terms. There are no implied licenses.
All trademarks, logos and service marks displayed on the Service (“Marks”) are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
13. USEER CONTENT
(a) User Content. You agree that you are willingly publishing content on the Service using technology and tools provided by Whaleapp. Any data, text, information, files, graphics, photographs and their selection and arrangement, (hereinafter “User Content”) uploaded, posted to, emailed, transmitted or otherwise made available (“Make Available”) through the Service are subject, whether in whole or in part, to unlimited commercial, non- commercial and/or promotional use by Whaleapp. (When User Content is Made Available by you, it becomes “Your Content”). User Content is the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Whaleapp is not responsible, for any User Content users Make Available. Whaleapp may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content Made Available via the Service . By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Whaleapp will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. Whaleapp does not have the obligation to and will not monitor any User Content but has the right, in its discretion, to remove any User Content in case of a complaint.
(b) Public Discourse. The Service may include various forums, blogs and chat features (“Forums”) where you can post User Content, including, but not limited to, your observations and comments on designated topics. Therefore, in addition to all other terms of this Terms, it is specifically clarified, that Whaleapp cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do
not Make it Available on the Service. Whaleapp shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk.
(c) License to User Content. You hereby grant to Whaleapp an irrevocable, perpetual, transferable, non- exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner. YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICE.
(d) Ownership of Your Content. Whaleapp does not claim any ownership rights in User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit Your Content. Whaleapp has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
(e) Ownership of Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Service, including, but not limited to, the Virtual Goods or Currency appearing or originating in any Whaleapp Game, whether earned in a Game or purchased from Whaleapp, or any other attributes associated with an Account or stored on or in the Service.
14. ADDITIONAL TERMS RELATED TO THE MOBILE APPLICATIONS
(a) App Stores. You acknowledge and agree that the availability of the Application and the Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Whaleapp and not with the App Store. Whaleapp, not the App Store, is solely responsible for the Service, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
(b) Additional License Terms for use of the Service in conjunction with the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Terms are concluded between you and Whaleapp only, and not Apple, and (ii) Whaleapp, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Whaleapp and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Whaleapp.
You and Whaleapp acknowledge that, as between Whaleapp and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Whaleapp acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Whaleapp and Apple, Whaleapp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and Whaleapp acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
(c) Additional License Terms for use of the Service in conjunction with the Android App Store. The following additional terms and conditions apply with respect to any Mobile Application that Whaleapp provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Whaleapp only, and not with Google, Inc. (“Google”).
Your use of Whaleapp’s Android App must comply with Google’s then-current Android Market Terms of Services.
Google is only a provider of the Android Market where you obtained the Android App. Whaleapp, and not Google, are solely responsible for Whaleapp’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Whaleapp’s Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Whaleapp’s Android App.
15. APPLICABLE LAW AND ARBITRATION AGREEMENT
These Terms and any action related to these Terms will be governed by and interpreted under the laws of Israel. Notwithstanding the foregoing, if You are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to invoke the protection which is afforded to you by provisions of the law of the country you reside in that cannot be derogated from by agreement.
The parties hereby agree to submit to the personal jurisdiction of the courts located within Tel Aviv - Jaffa, Israel, for such purpose and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Tel Aviv – Jaffa, Israel. Notwithstanding the foregoing, if You are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the European Union country in which you reside.
16. CONSUMER COMPLAINTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If You are a resident of the European Union, you may report complaints to Your local consumer protection authorities.
You may not use, export, import, or transfer the Service except as authorized by the laws of Israel, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Whaleapp are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Whaleapp products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
18. CONTACT INFORMATION
If you have any questions about these Terms, please contact our Support at firstname.lastname@example.org. We will make every effort to resolve your concerns.