Last revised: December 2023
The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between Icy Ghost (“we” or “us”), as defined below and yourself ("you") and your use of Icy Ghost’s games or mobile applications (“Games”), its sites, software, products and services, on all electronic devices (collectively, the “Service”).
Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame.
BY ACCESSING OR USING THE SERVICE AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
Icy Ghost reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Notice including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs, Promotion Official Rules and Infractions Terms, that we may publish which apply to your use of those specific services and state they are part of these Terms (“Additional Terms”) (the Terms, Privacy Notice and Additional Terms collectively shall be referred to herein as “Icy Ghost's Terms”), at any time by posting the amended Icy Ghost's Terms on or within the Service, and you agree to be bound by such revisions or modifications.
In addition, Icy Ghost may terminate these Terms in its sole discretion at any time. Users are responsible for viewing the Icy Ghost's Terms periodically. Your continued use of the Service after a change or modification of the Icy Ghost's Terms has been made will constitute your acceptance of the revised Icy Ghost's Terms. If you do not agree to Icy Ghost's Terms, your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all Icy Ghost's Terms that may apply.
You understand that the Service is evolving. You may be required to accept updates to the Service, and to Icy Ghost's games which you have installed on your devices. You acknowledge that Icy Ghost may perform these updates remotely and agree that Icy Ghost may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Icy Ghost's games.
Icy Ghost may modify and adapt the Services and their scope of functions to maintain and improve the Services beyond what is necessary to maintain their contractual conformity (a “Modification”), if a valid reason requires such Modification, in particular (i) to comply with legal, regulatory or safety requirements, (ii) to adapt to technological developments such as a new technical environment or other operational reasons, in particular necessary enhancements of the safety of users or other third parties, (iii) to adapt to significant changes in market conditions or user behavior such as increased user numbers, (iv) due to changes in licenses we hold from third parties or other third party compliance requirements, or (v) for your benefit or to your advantage.
We also reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or any particular game or part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. If that happens, unless otherwise required by applicable law, Icy Ghost is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for Virtual Items previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in the Icy Ghost's Terms.
All of our games are available to individuals who are sixteen (16) years of age or older. By using the Service, you represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder.
We reserve the right to request proof of age at any stage. We may block or request parental consent if we suspect you are under the applicable age.
To access or use some of the features of the Service, you may be required to register by opening an account (“Account”) or by signing in via a third-party tool (such as Facebook) ("Third Party Tool"). The Service may have limited and varied compatibility across different devices, platforms and operating systems. You will have to verify compatibility requirements yourself and may need to update third party software from time to time to receive the Service and/or updates and play Icy Ghost's games.
During the process of creating an Account to access the Service, you may be required to select a password or to otherwise allow us to access your account information from a social network service (“Login Information”).
The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
To the extent permissible under applicable law, we are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Icy Ghost 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 a third party's rights. You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture.
Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with Icy Ghost's Privacy Notice (as further detailed below), Additional Terms and any applicable laws. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
You may stop using the Service at any time and may request that we stop making active use of your data at any time by following the instructions in the Privacy Notice. Unless the applicable law where you are located requires otherwise, we are not required to provide refunds, benefits or other compensation if you request deletion of your Account. Potential refunds for Virtual Items as described below remain unaffected.
Subject to your agreement and continuing compliance with the Icy Ghost's Terms, Icy Ghost grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a Icy Ghost supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If you violate or if, at any point, you do not agree to any of the Icy Ghost's Terms, your license to use the Service will be immediately revoked, and you will immediately stop using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.
Open Source and other Third-Party Components. Our Service may include software components owned by or licensed from third-parties (“Third Party Components”), including open source software (“Open Source Components”). In the event of conflict between these Terms and those additional terms, those additional terms control solely to the extent necessary to eliminate the conflict. Nothing in these Terms is intended to limit any rights under, or to grant rights or impose restrictions that supersede, the terms of any Open Source License or other Third Party License applicable to any Open Source Component or other Third Party Component.
ICY GHOST MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICE AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND ICY GHOST IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.
Without limiting any other remedies, Icy Ghost may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms (such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google), illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), Icy Ghost's games, or Icy Ghost's intellectual property as determined by Icy Ghost in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of Icy Ghost for any damage that may result from the foregoing, and Icy Ghost is under no obligation to compensate you for any such losses or results. If you have more than one Account, Icy Ghost may terminate all of your Accounts.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY ICY GHOST GAME IS A VIOLATION OF ICY GHOST POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
You may not use the Service if you are under 16 years of age, in which case you must not create an account, access, use or download such games and/ or submit any personal information through the Service or to Icy Ghost. At our sole discretion, we may require proof that you meet this requirement for age (“Age Guidelines”) in connection with use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Services.
In addition to the foregoing, Icy Ghost may selectively remove, revoke or modify Benefits associated with your Account. "Benefits" mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed or revoked from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT INFO@ICYGHOST.COM.
The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. Icy Ghost cannot guarantee that other members 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 don't want others to use, do not post it on the Service. Icy Ghost shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. Icy Ghost is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion.
If you become aware of misuse of the Service by any person, please contact us at info@icyghost.com or submit a ticket via the applicable support channel of the game. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Icy Ghost, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Icy Ghost games. Icy Ghost reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release and hereby agree to indemnify us (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, including damages for loss of profits, goodwill, use or data.
You undertake that you shall not defraud, or attempt to defraud, Icy Ghost or other users, and that you shall not act in bad faith in your use of the Service. If Icy Ghost determines that you do act in bad faith in violation of the Icy Ghost's Terms, or if Icy Ghost determines that your actions fall outside of reasonable community standards, Icy Ghost may, at its sole discretion, terminate your Account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. If you believe another user has acted inappropriately (in violation of these Terms or in an otherwise offensive, violent, harassing or dangerous manner), please report immediately to the appropriate authorities and to us at info@icyghost.com
Icy Ghost retains all rights in the Service materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, any correspondence with Icy Ghost, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”) and any patents, trademarks, designs, trade dress, brands, service marks and any other Intellectual property rights whether registered or not (“IPR”) used in relation to or with the Service and are owned or licensed by Icy Ghost.
You may only use the Service Materials and IPR in connection with your use of the Services for personal, noncommercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein.
You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
If you breach these Terms, or any of our other terms that apply to you, we may take legal action against you, including but not limited to any legal remedies and/or terminating your account. In addition, you may be breaking the law, including breaches or violations of Icy Ghost's intellectual property rights.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY ICY GHOST GAME, IS A BREACH OF ICY GHOST POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to our Copyright Agent:
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Icy Ghost Ltd.
8 HaMelacha St. Tel Aviv 6721508, Israel.
Attn: Legal Department
By email: info@icyghost.com
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The Service may contain links, references or advertisements to third-party products, services, applications or websites, as well as materials provided by third parties, which may invite you to participate in a promotional offer in return for receiving any feature, benefit or Virtual Item or upgrades. These links and references are provided solely as a convenience to you, and access or use of any such websites, services, promotions and advertisements is at your own risk.
We do not review, approve, monitor, endorse, warrant or make any representations with respect to any of the foregoing. In no event will we be responsible for the information, content and materials contained therein, their practices, privacy policy or for your use of or inability to use such websites, services, promotions or transmissions received from such sites, services or promotions and any information collected from you by such websites/services. The inclusion of any link, promotion or advertisements does not imply endorsement by Icy Ghost of these linked websites, services or games, and we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein.
You expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Game and to read the terms and conditions and privacy policy of such other websites, services, promotions and games that you visit or use.
Use of the Service is also governed by Icy Ghost's Privacy Notice, which is incorporated herein by reference. https://www.icyghost.com/privacy
By accessing, using or downloading the Service you acknowledge and agree that your use of the Service, in whole and in part (including, without limitation, all content, and user materials), shall be at your sole risk and is provided on an "as is" basis. To the fullest extent permitted under applicable law, Icy Ghost, affiliates or subsidiaries, or any of their its officers, directors, employees, contractors, partners and agents disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
Icy Ghost 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 or that the Service will be uninterrupted or error-free and assume no liability or responsibility for any:
In case of a malfunction or disruption of the Services that prevents you from completing a game in which you have begun to participate, Icy Ghost may allow users to participate again in a game until the participation is complete. Icy Ghost reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. Icy Ghost also reserves the right to limit your game play or terminate your participation in the Services should Icy Ghost determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. Icy Ghost is not liable for any potential winnings or other lost opportunity from any unfinished game or a game malfunction or error of any kind. In the event of such error or malfunction, Icy Ghost may, in its sole discretion, adjust the amount of credits due to such error or malfunction.
By accessing or using the Services, you agree that Icy Ghost is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
In no event will Icy Ghost, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, be liable to you or any third party for: (i) any special, direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or any other losses, costs, or expenses of any kind including any lost profits, loss data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Service or other materials or content on, accessed through or downloaded from the Service, or browsing of the Services or through your downloading of any materials, data, text, images, video or audio from the Services; or (ii) for the conduct of third parties, including other users of the Service and operators of external sites. The risk of using the Service and external sites rests entirely with you as does the risk of injury from the Service and external sites. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not Icy Ghost 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 Icy Ghost shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party, including other users of the Service and operators of external sites and that the risk of harm or damage from the foregoing rests entirely with you.
To the fullest extent permissible under applicable laws, under no circumstances will Icy Ghost, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees be liable to you for more than the amount you have paid Icy Ghost in the ninety days (90) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid Icy Ghost any amounts in the ninety days (90) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Icy Ghost is to stop using the Service and to cancel your account.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this Section may not apply to you. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Icy Ghost. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law. To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold Icy Ghost, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:
Icy Ghost reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Icy Ghost, and you agree to cooperate with Icy Ghost's defense of these claims. Icy Ghost will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph and Section 15 below will survive any termination of your Account(s) or of the Service.
By agreeing to these Terms, and to the extent permitted by applicable law, you and Icy Ghost agree that any and all past, present and future disputes, claims or causes of action between you and Icy Ghost arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Icy Ghost or any of Icy Ghost's licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Icy Ghost further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
“Country of Residence” for purposes of this Section means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
If your Country of Residence is in the European Economic Area, no provision in this Section shall exclude or restrict any of your statutory rights you may have as a consumer.
Governing Law:
(a.1) If your Country of Residence is the United States- these Terms, your use of the Service and our entire relationship, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in this Section, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
(a.2) If your Country of Residence is not the United States- these Terms, your use of the Service and our entire relationship, including the arbitration agreement contained in this Section, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles.
(b) Informal Dispute Resolution. Icy Ghost wants to address your concerns without needing a formal legal case. Before filing a claim against Icy Ghost, you agree to try to resolve the Dispute informally by contacting info@icyghost.com. Similarly, Icy Ghost will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Icy Ghost may initiate an arbitration proceeding as described below.
(c) We Both Agree To Arbitrate. By agreeing to these Terms, you and Icy Ghost each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.
(d) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting info@icyghost.com within 30 days of first accepting these Terms and stating that you (including your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Icy Ghost will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
(e) Arbitration Procedures and Fees.
(e.1) If your Country of Residence is the United States- you and Icy Ghost agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Icy Ghost further agree that the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
(e.2) If your Country of Residence is not the United States- you and Icy Ghost agree that the Center of Arbitration and Dispute Resolution (www.israelcourts.co.il (“CADR”) will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Icy Ghost further agree that the arbitration will be held in English and in Tel Aviv-Jaffa (Israel), or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.
(f) Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and Icy Ghost agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Icy Ghost may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Icy Ghost will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations.
“Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
(g) Class Action and Collective Arbitration Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR Icy Ghost SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF THIS SUBSECTION 15(G) (CLASS ACTION AND COLLECTIVE ARBITRATION WAIVER) IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.
(h) Exceptions to Agreement to Arbitrate. Notwithstanding your and Icy Ghost’s agreement to arbitrate Disputes, either you or Icy Ghost may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 15 or to enforce any arbitral award issued hereunder. Additionally:
(h.1) If your Country of Residence is the United Kingdom or in the European Economic Area- notwithstanding your and Icy Ghost’s agreement to arbitrate Disputes, either you or Icy Ghost also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/. Please note that Icy Ghost shall not be required to use this or any other alternative dispute resolution platform.
(h.2) If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area- notwithstanding your and Icy Ghost’s agreement to arbitrate Disputes, either you or Icy Ghost may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.
(i) Judicial Forum for Disputes. Except as otherwise required by applicable law or provided in this Section, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Icy Ghost agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and Icy Ghost consent to venue and personal jurisdiction there.
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree Icy Ghost cannot be held liable if laws applicable to you restrict or prohibit your participation. Icy Ghost makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Icy Ghost have authority to make any such representations or warranties. Icy Ghost reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
The Icy Ghost's Terms constitute the entire agreement between you and Icy Ghost relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. Nothing in this subsection will prevent Icy Ghost from modifying the Icy Ghost's Terms.
You and Icy Ghost agree that if any portion of the Icy Ghost's Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Icy Ghost's Terms, which shall continue to be in full force and effect.
Icy Ghost may assign or delegate the Icy Ghost's Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Icy Ghost's Terms without Icy Ghost's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
The failure of Icy Ghost to require or enforce strict performance by you of any provision of the Icy Ghost's Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Icy Ghost's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Icy Ghost of any provision, condition, or requirement of the Icy Ghost's Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Icy Ghost shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Icy Ghost.
You acknowledge that the rights granted and obligations made under the Icy Ghost's Terms to Icy Ghost are of a unique and irreplaceable nature, the loss of which shall irreparably harm Icy Ghost and which cannot be replaced by monetary damages alone. Accordingly, Icy Ghost shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Icy Ghost game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section “Limitation of Liability” set forth above (if any).
The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance. Icy Ghost shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Icy Ghost, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Icy Ghost's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
We may notify you via postings on www.icyghost.com, or any other communications means to contact information you provide to us. All notices given by you or required from you under the Icy Ghost's Terms shall be in writing and addressed to: Icy Ghost Ltd., Attn: Legal Department, 8 HaMelacha St., Tel Aviv 6721508 Israel. Any notices that you provide without compliance with this Section on Notices shall have no legal effect. If you have any questions regarding the Icy Ghost's Terms, you may contact us to the following address: info@icyghost.com or submit a ticket via the applicable support channel of the game.
Icy Ghost Ltd., 8 HaMelacha St., Tel Aviv 6721508 Israel
Effective as of January 1, 2024