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TERMS AND CONDITIONS


1. This Site (may be referred also as “the Site”) is owned and operated by Sharon Tal and Marc Gruber (hereinafter: ”we”, “us”, “our”).

2. The use in the Site and in its associated features and parts is subject to the terms listed below. Please read carefully all the terms. If you do not agree to one of these terms, you are kindly required not to use the Site and to leave it immediately.

3. By using the Site you are bound to these terms of use and its Privacy Policy which is integral part of it. You declare that you have read our Privacy Policy and gave your consent to its terms before using the Site. Our Privacy Policy may change from time to time; you agree that you will review our Privacy Policy before making any other use of the Site.

4. We may from time to time modify these Terms, please check these Terms periodically.

5. If you are not eligible by law of your residency to contract with us with regard to the use of this Site or any of its parts or features, please do not use the Site. If we found out that you are not eligible as mentioned we may prevent your use in the Site.

6. We reserve the right to redesign the site, add features, detract from or alter the site and make any changes in its features at our discretion without prior notice.

7. We encourage you to share, use and adapt our Market Opportunity Navigator for noncommercial purposes while making appropriate credit to our Site all according to Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License.

Subject to the above, you can use Market Opportunity Navigator for your own work or to support others in understanding, analyzing or changing their market opportunity strategy. This includes people who use the tools for teaching or consulting. The requirement is full identification and credit of the source of the tool: wheretoplay.co.
All the intellectual property rights relating to the site, including its content, its title, user interfaces, presentations, assays, analysis, evaluations, platforms, music, videos, images, digital files, logos, artwork, marks, selection, arrangement, and graphic design (hereinafter: “Content”) and placement of the Content, are ours or belong to the entities which gave us permission to use them and are protected by various intellectual property rights laws. You agree not to change, interfere,decompile, reverse-engineer, transfer, assign, rent, resell, imbed, record, broadcast, transmit, post, publicly display, the site. Nevertheless, as mentioned above you can use our Market Opportunity Navigator according to the license mentioned above.
We disclaim all responsibilities and liabilities for the use of the content in the site.
“Where To Play” is a trademark owned by us. You can use our logo in a fair and respectable way for credit the site for its Content. We can revoke this permission by sending you a notice.

8. By supplying information to the Site and its features you agree that all the information you supplied are true, accurate and updated.

9. You should not try to make unauthorized access to the Site or assist others in making such attempts, or distributing instructions, software or tools for that purpose.

10. We reserve the right at any time to conditioned the access to some portions of the site with payment of fees.

11. You are not allowed to use any programmed device, algorithm or system, or any similar or equivalent manual or automatic process, to access, gain, copy, investigate, test, intrude or monitor any part of the Site or of any Content, or in any way duplicate or circumvent the navigational structure or appearance of the Site or of any Content, to acquire or try to acquire any materials, documents or information through any way not intentionally made obtainable by us through the Site.

12. You agree to use the site in a reasonable manner as a single and regular user and not to take any action that might intervene or disable or adversely affect the proper use of other users in the site’s features and its routine functionality or might create malfunction or disturbances in the operation of the Site, its features and other related systems. For these purposes we may limit and control your use in the site and its features and sets rules for time to time with that regard.

13. Although we take various measures to secure Your Account Information and any other information about you in the Site or in its related systems, we do not guarantee that there won’t be any unauthorized access by third party to the information and you assumes all risks relating to this and we make no warranty, express, implied, or otherwise, in that regard. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO THE AFOREMENTIONED INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

14. You grant us a permission to send you promotional content pertaining the Content by e-mail, regular post, or by any other mean of communications that your various addresses are linked to, including your mobile phone. To stop receiving this promotional content, send an e-mail to us or use the unsubscribe methods included in the Content sent to you.

15. You shall indemnify, defend, and hold harmless us and our affiliates and their directors, officers, and employees from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of any use Of the Site by you. We shall make reasonable efforts to notify you of any such claim made against it. If you fail to assume such defense, then we may defend ourselves in any manner that we deem appropriate, and you agree to bear all our costs, including reasonable attorneys’ fees, that we incur in effecting such defense in addition to any sum that we may be required to pay by reason of any settlement or judgment against us. The provisions of this Section, and the indemnity hereunder, shall survive these Terms of Use and any performance hereunder.

16. THE SITE, FEATURES, CONTENT, ARTWORK, DATA, AND INFORMATION WHICH ARE PART OF THE SITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY. WE DO NOT GUARANTY THAT THEY SHALL WORK PERFECTLY, OR THAT THEY WILL BE AVAILABLE AT ALL TIMES OR THAT THEY ARE ACCURATE NOR THAT MALFUNCTION, DISTURBANCE, INTERRUPTION, SHUT DOWNNS WILL NOT OCCUR. WE DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

17. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY FEATURES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT IS SOELY YOURS. IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF: ANY CONTENT IN THE SITE, ITS FEATURES OR IN CONNECTION WITH THEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO US BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE UNDERSTANDING BETWEEN THE PARTIES.

18. We are not responsible for any information or content uploaded, posted, and transferred through the Site or its features by you or by other users. We don’t promise to store it or make it available at all times.

19. We also do not warrant that the Content is completely and entirely correct. YOU AGREE TO WAIVE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST US WITH RESPECT THERETO. ANY USE OR RELIANCE ON ANY CONTENT IN THE SITE OR OBTAINED BY YOU THROUGH THE SITE IS AT YOUR OWN RISK.

20. While using the Site you may be exposed to other users information and content that may be inaccurate, offensive, obscene or in any other way not in consistent with these terms. Furthermore we do not warrant that the usernames of any of the users are accurate or truly represent the entities that compose the content uploaded to the Site.

21. We may allow our user to post their reviews, opinions, experience or similar information regarding the Content, the Site or other issues that pertain the Site. You are not allowed to post any information that you know it’s wrong or misleading, or contain content that is threatening, infected with bad language or defamatory, obscene or offensive or concerns unlawful activity, sexually explicit, invasive other person privacy, impersonate any person or entity, infringes any intellectual rights, harmful, spy enable, or its publication or posting is prohibited by law or which may create grounds for criminal prosecution or civil liability. Furthermore by posting information you are deemed to declare that the information you post is true as far as you know.

22. When you post or upload content to the Site, you are to take full responsibility for the information and the content and the consequences arise from those actions including their publication, and you affirm by doing so that you have all the legal rights to upload and post the mentioned material to the Site’s platforms which are shared based and that the information and content conform with these Terms. By uploading or posting content you agree that such content is not proprietary nor confidential. We have the right under our sole discretion not to allow publication of your post or to omit it at any time.

23. Any downloading of files through the Site is the sole responsibility of the user, including the effect of this download on the user’s devices.

24. If you are under the age of 13 do not use the site features without parent guidance.

25. Governing law of the Terms of Use and the purchase transaction between the parties will be the Swiss law, and the exclusive jurisdiction regarding any dispute about the purchase transaction and the use of the Site and their terms will only the courts in Lausanne, CH, without derogating our right to seek relief in any other court, in order to achieve injunctions or restraining orders or other order to enforce its rights.

26. These Terms of Use constitute the all agreements and the understandings between us with regard to the use of the Site and its services and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

27. No delay or failure by us to take action under these terms shall constitute any waiver by us of any provision of these terms. If any provision of these terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this these terms will continue in full force and effect. These terms will bind and inure to the benefit of our successors and assigns. Any claim under these terms must be brought within one (1) year after the cause of action arises.