Terms of Use

Last revised on 30/04//2020

1. Introduction

1.1 These Terms of Use (“Terms of Use” or “Terms“) govern your (“Your” or “You“) use of the website http://wordpress-521945-1661179.cloudwaysapps.com and its mobile application, including any updates, new versions or new releases of such mobile application (collectively and individually the “Site“). The Site is provided by Neogames S.à. r.l. (“We“, “Us“, “Our” or “Neogames“). These Terms of Use shall apply to Your use of the Site.

1.2 In addition to these Terms, You should also read Our Privacy Policy located at [insert link] and Our Cookie Policy [insert link], which are incorporated herein by reference, to understand how We use Your personal information to offer Our services on the Site.

1.3 These Terms of Use incorporate by reference all notices, procedures, and guidelines posted on the Site from time to time and constitute the entire and only agreement between You and Neogames with respect to the subject matter contained in these Terms, and supersede all other agreements, representations, warranties and/or understandings between You and Us with respect to the subject matter contained in these Terms.

1.4 You Should Review All of the Terms Prior to Using the Site. You Acknowledge and Agree That by Accessing or Using the Site, You Have Read and Agree to Be Legally Bound by the Latest Version of the Terms. If You Do Not Agree to the Latest Version of the Terms, Then You Must Not Use and/or Access the Site.
You May Not Access or Use the Site if You Are Not at Least 18 Years of Age.

2. Amendments, Updates, Upgrades, Suspension or Termination of the Site

2.1 We may amend these Terms at any time without notice. If We amend these Terms We will post an updated version of these Terms on the Site. Your continued use of the Site following the posting of such updated version of these Terms constitutes Your acceptance of any changes to these Terms and You shall be bound by such Terms. Please check these Terms regularly to keep up to date with any such changes to these Terms.

2.2 You acknowledge that We may automatically update and/or upgrade the version of the Site You may be using on Your personal computer or mobile device. You consent to such automatic updating and/or upgrading, and agree that these Terms will apply to all such updates or upgrades.

2.3 Neogames reserves the right to suspend, modify, discontinue, disable, remove and/or add to the Site and/or any part and/or sections of the Site or terminate the Site without notice. You also understand and agree that We may discontinue and/or restrict Your use of this Site for any reason without notice to You. You shall have no claims against Neogames with respect to such suspension, modification, discontinuation, disablement, removal and/or addition to the Site and/or any part and/or sections of the Site, or for Our termination of the Site and/or discontinuance and/or restriction of Your use of the Site.

3. Limited License and Intellectual Property

3.1 Neogames grants You a non-exclusive, non-transferable and limited personal license to access and use the Site (“License“). This License is subject to Your full and continuing compliance with these Terms. The License granted to You will automatically terminate if You fail to comply with any term and/or condition set out herein or if We revoke the License granted to You. In such event, these Terms will automatically and immediately terminate, You shall immediately cease use of the Site.

3.2 The brand names relating to the Site and any other trademarks, service marks and/or trade names used by Neogames (“Trade Marks“) are the trademarks, service marks and/or trade names of Neogames, Our affiliates or their respective licensors (as applicable), and these entities reserve all rights to such Trade Marks. In addition to the rights in the Trade Marks, Neogames, Our affiliates and/or their respective licensors (as applicable) own the rights in all other content, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio and/or text available via the Site (“Site Content“). Copyright, and other intellectual property rights, trademarks laws, and international treaties protect the Site Content. You hereby acknowledge that by using the Site You obtain no rights in the Trade Marks and/or the Site Content and You may only use such Trade Marks and Site Content in accordance with these Terms.

3.3 The License is not a transfer of any title whatsoever to the Site, including without limitation to any Site Content.

3.4 Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trade Mark without the written permission of Neogames or any third party that may own the Trade Marks. Your use of Trade Marks or the Site, including without limitation any Site Content, except as provided herein, is strictly prohibited.

3.5 You must not:

3.5.1 Modify or copy the Site (including without limitation the Site Content) unless otherwise explicitly set out in the Terms;

3.5.2 Use the materials on the Site (including without limitation the Site Content) for any commercial purpose and/or for any public display (whether for commercial or non-commercial purposes);

3.5.3 Attempt to decompile and/or reverse engineer any software contained on the Site;

3.5.4 Remove any copyright and/or other proprietary notations from the Site (including without limitation from the Site Content);

3.5.5 Sell, assign, sublicense, transfer, distribute and/or lease the Site Content;

3.5.6 Sell, assign, sublicense, transfer, distribute and/or lease the software on the Site;

3.5.7 Copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate and/or make any attempt to access the source code of the software of the Site;

3.5.8 Make the software of the Site available to any third party; and

3.5.9 Transfer the Site Content to another person or “mirror” the materials on any other server, except as occasionally permitted by any sharing functionality on the Site that expressly allows You to share specific Site Content and/or links to specific Site Content on third party websites and/or social media platforms, as detailed in these Terms.

4. Your Confirmations to Us

4.1 You must not:

4.1.1 You are not under the age of eighteen (18) years old;

4.1.2 You understand and accept that Neogames and/or Our affiliates are unable to provide You with any legal advice or assurances in respect of Your use of the Site (including without limitation to the Site Content), and that Neogames makes no representations whatsoever as to the legality of the Site in the jurisdiction in which You are located;

4.1.3 You agree to ensure that Your use of the Site will comply with all applicable laws, statutes and regulations. Neogames shall not be responsible for any illegal or unauthorized use of the Site by You;

4.1.4 You will not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or proprietary details (consisting of images, text, page layout, or type) of Neogames without Our express written consent; and

4.1.5 You will comply at all times with these Terms.

5. Advertisements

The Site may include advertisements and/or sponsorships for third party products and/or services. The inclusion of such advertising and/or sponsorship does not constitute any endorsement, guarantee, warranty and/or recommendation by Us and/or Our affiliates of such third party products and/or services. You agree not to hold Neogames and/or Our affiliates liable for any loss and/or damage of any sort incurred as a result of any engagement you may have with third parties with regard to such advertising and/or sponsorship.

6. Disclaimers

6.1 The Site, Including Without Limiation the Site Content is Provided for Informational Purposes Only.

6.2 You Expressly Agree That Your Use of the Site, Inlcuding Without Limitation the Site Content is at Your Sole Risk

6.3 to the Fullest Extent Permitted by Applicable Law, We and/or Our Affiliates Do Not Make Any Representation and/or Warranty, Express or Implied (Whether by Law, Statute or Otherwise), Including but Not Limited to Any Implied Representations or Warranties of Performance, Merchantability, Availability, Fitness for a Particular Purpose, Accuracy, Availability, Completeness, Reliability or Non-infringement of the Site, Including Without Limitation the Site Content.

6.4 Access to the Site May Be Restricted in Certain Jurisdictions, and Accordingly Users Accessing the Site Are Required to Inform Themselves of, and to Observe, Such Restrictions.

6.5 Neither Neogames, Nor Our Affiliates Shall Be Liable for Any Actions Taken by You in Reliance on the Site, Including Without Limitation the Site Content.

6.6 Neither Neogames, Nor Our Affiliates Make Any Representation and/or Warranty (Express or Implied, Whether by Law, Statute or Otherwise) Regarding Any Data Provided by Third Party Data Providers Such Data May Not Be Accurate, Complete or Up to Date.

7. Limitation of Liability

7.1 To the Fullest Extent Permitted by Applicable Law, Neogames, Our Affiliates, and Their Respective Shareholders, Directors, Officers, Employees, Agents, Advertisers, Content Providers, and Licensors (Collectively and Individually, the “Neogames Parties”) Will Not Be Liable (Jointly or Severally) for Any Direct, Indirect, Consequential, Special, Incidental, Punitive or Exemplary Damages, Including Without Limitation, Lost Profits, Lost Savings or Lost Revenues, Whether in Negligence, Tort, Contract or Any Other Theory of Liability, Even if the Neogames Parties Have Been Advised of the Possibility in Advance, or Could Have Foreseen Any Such Damages. 

Without Derogating From the Foregoing, Under No Circumstances Whatsoever Shall the Neogames Parties’ Liability to You Arising From or in Connection With the Site or Your Use of the Site (Including Without Limiation From the Site Content), Regardless of the Cause of Action (Whether in Tort, Breach of Warranty, or Otherwise), Exceed in the Aggregate $50 (Fifty Us Dollars).
7.2 To the Fullest Extent Permitted by Applicable Law, Any Cause of Action by You With Respect to the Site, Including Without Limiation the Content, Must Be Instituted by You Within One (1) Year After the Cause of Action Arose or Be Forever Waived and Barred.

8. Your Indemnification

You agree to defend, indemnify, and hold harmless the Neogames Parties from and against any claims, actions, demands, losses, damages, liabilities, and expenses (including but not limited to attorneys’ fees and expenses) arising from or connected to Your breach of these Terms. Neogames and/or Our affiliates reserves the right to take over the exclusive defense of any claim for which We and/or Our affiliates are entitled to indemnification under this Section. In such event, You shall provide Neogames or Our affiliates with such cooperation as is reasonably requested by Neogames or Our affiliates.

9. Governing Law and Venue

The Terms shall be governed by, and construed in accordance with, the laws of Luxemburg without giving effect to its conflict of law principles. All disputes, claims and controversies arising out of or in connection with these Terms or Your use of the Site, including without limitation the Site Content, shall be subject to the laws of Luxemburg.

10. Severability

If one or more provisions of these Terms are held to be unenforceable under applicable law or regulation, such provision(s) shall be excluded from these Terms, and the rest of these Terms shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms shall be interpreted so as to give effect to the greatest extent consistent with and permitted by applicable law and/or regulation, to the meaning and intention of the excluded provision(s) as determined by such court of competent jurisdiction.

11. Entire Agreement

These Terms constitute the entire agreement between You and Neogames with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Neogames and/or Our affiliates, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

12. Conflict

To the extent that any Site Content conflicts or is inconsistent with these Terms, these Terms of Use shall take precedence.

13. Waiver

Our failure or Our affiliates’ failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

14. Transferring Our Rights

We may transfer Our rights or obligations or subcontract Our obligations under these Terms, in whole or in part, without Your consent. You may not transfer any of Your rights or obligations nor subcontract any of Your obligations under these Terms in whole or in part.

15. Surviving Provisions

Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms of Use in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve such purpose. Without derogating from the generality of the foregoing, Sections 3.2, 5, and 6 through 15 hereof shall survive termination of the Terms.

16. Responsible Disclosure Policy

Introduction

NEOGAMES welcomes feedback from security researchers and the general public to help improve our security. If you believe you have discovered a vulnerability, privacy issue, exposed data, or other security issues in any of our assets, we want to hear from you. This policy outlines steps for reporting vulnerabilities to us, what we expect, what you can expect from us. NEOGAMES (“We”, “Us”, “Our”) appreciates and values the identification and reporting of security vulnerabilities carried out by well-intentioned, ethical security researchers (“You”). This vulnerability disclosure policy applies to any vulnerabilities you are considering reporting to us. We recommend reading this vulnerability disclosure policy fully before you report a vulnerability and always acting in compliance with it. If you believe you have found a security vulnerability in our products, please tell us about it.

Systems in Scope

This policy applies to any digital assets owned, operated, or maintained by NEOGAMES Ltd.

Out of Scope

Assets or other equipment not owned by parties participating in this policy. Vulnerabilities discovered or suspected in out-of-scope systems should be reported to the appropriate vendor or applicable authority.

Our Commitments

When working with us, according to this policy, you can expect us to:
• Respond to your report promptly, and work with you to understand and validate your report;
• Strive to keep you informed about the progress of a vulnerability as it is processed;
• Work to remediate discovered vulnerabilities in a timely manner, within our operational constraints;

Our Expectations

In participating in our vulnerability disclosure program in good faith, we ask that you:

  • “Play by the rules”, including following this policy and any other relevant agreements. If there is any inconsistency between this policy and any other applicable terms, the terms of this policy will prevail;
  • Report any vulnerability you’ve discovered promptly;
  • Avoid violating the privacy of others, disrupting our systems, destroying data, and/or harming user experience;
  • Use only the Official Channels to discuss vulnerability information with us;
  • Provide us a reasonable amount of time (at least 90 days from the initial report) to resolve the issue before you disclose it publicly;
  • Perform testing only on in-scope systems, and respect systems and activities which are out-of-scope;
  • If a vulnerability provides unintended access to data: Limit the amount of data you access to the minimum required for effectively demonstrating a Proof of Concept; and cease testing and submit a report immediately if you encounter any user data during testing, such as Personally Identifiable Information (PII), credit card data, or proprietary information;
  • Do not engage in extortion.

How to report a security vulnerability to us
If you believe you have found a security vulnerability in one of our web sites or products, we encourage you to let us know right away, providing all relevant information. The more details you provide, the easier it will be for us to triage and fix the issue. We welcome reports from everyone, including developers, researchers and customers.
To report a security vulnerability, please contact us security@neogames.com and include the following information:

  • The website domain, URL, IP address or webpage, where you found the issue. When did you find it.
  • A description of the issue, including what you saw and what you expected to see.
  • A list of steps to reproduce the issue (it should be a benign, non-destructive, proof of concept), or a video demonstration if it’s a complicated issue. This helps to ensure that the report can be triaged quickly and accurately.

What to Expect from Us, and How NEOGAMES handles vulnerability disclosure

We aim to confirm receipt of your vulnerability report within 5 working days and triage your report within 10 working days. We also aim to keep you informed of our progress and completion of any remediation activities. We may contact you if we require further information regarding your report.
Remediation of any reported vulnerabilities are assessed based upon their impact, severity, and exploit complexity. Vulnerability reports might take some time to triage or address. You are welcome to enquire on the status, but we ask that you avoid doing so more than once every 14 days to allow our teams to focus on the remediation.
Please note that we do not offer a bug bounty program. This means that NEOGAMES does not pay rewards for disclosed security vulnerabilities.
To protect our customers, we investigate all reported issues, but we do not confirm them publicly.

What we kindly ask of you:

You MUST NOT:

  • Break any applicable law or regulations.
  • Access unnecessary, excessive, or significant amounts of data or modify data in our systems or services.
  • Disrupt our services or systems, use high-intensity invasive or destructive scanning tools to find vulnerabilities or attempt any form of denial of service.
  • Submit reports detailing non-exploitable vulnerabilities, or reports indicating that the services do not fully align with “best practice”, for example missing security headers.
  • Submit reports detailing TLS configuration weaknesses, for example “weak” cipher suite support or the presence of TLS1.1 support.
  • Social engineer, ‘phish’ or physically attack our staff or infrastructure.
  • Demand financial compensation to disclose any vulnerabilities.

You MUST:

  • Always comply with data protection rules and must not violate the privacy of our users, staff, contractors, services, or systems. You must not, for example, share, redistribute or fail to properly secure data retrieved from the systems or services.
  • Securely delete all data retrieved during your research as soon as it is no longer required or within 1 month of the vulnerability being resolved, whichever occurs first (or as otherwise required by data protection law).

Legalities
This policy is designed to be compatible with common vulnerability disclosure good practice. It does not give you permission to act in any manner that is inconsistent with the law, or which might cause us to be in breach of any legal obligations.