Terms and Conditions
1. GENERAL
Kiwi Wall (“Kiwi Wall”) provides a service that enables web users to obtain virtual currency, which may be used for various websites, online games, social applications, social networks and other similar online applications (“Applications”), by either winning, earning or purchasing such virtual currency.
In order to provide such services, Kiwi Wall enters into transactions with various entities who own/operate Applications, pursuant to which such entities undertake to provide their users with virtual currency in return for payment. Kiwi Wall then provides the users with the platform via which they may earn, win or purchase the virtual currency usable for the applicable Application, such platform being the Kiwi Wall Offer Page that will appear in the applicable Application (the “Offer Page”).
Each web user shall be able to win or earn virtual currency by following the links provided in the Offer Page and participating in and completing certain advertisement offers. Additionally, each web user shall be able to purchase virtual currency by following the links provided in the Offer Page and using various customary online payment methods (such as by means of credit card, mobile billing, Paypal and/or other payment methods).
The provisions herein constitute the general terms of use (“Terms of Use”) that apply to the use of the Offer Page and/or use of the aforementioned service and/or any other services provided by Kiwi Wall via the Offer Page (“Services”), by any web user. Any use of the Offer Page and/or the Services is subject to these Terms of Use.
If you do not agree to any term or condition stipulated in the Terms of Use, please refrain from and cease any use of the Offer Page and the Services. Your use of the Offer Page and/or the Services shall be deemed to constitute total and unqualified agreement to all the terms and condition of the Terms of Use detailed hereunder, and shall constitute a legally binding contract between you and Kiwi Wall.
For the avoidance of doubt, in any instance in which any of the terms “web user”, ”user”, “you”, “your” or alike is used in these Terms of Use, the meaning is to any person using, or who has used, the Offer Page and/or any of the Services, regardless whether such term is used in singular or plural. Additionally, please note that your use of the Services and/or Offer Page may lead you to certain third party Applications and other websites, and your use of such Applications and/or websites and/or any offers or services provided by or via said Applications or websites may be subject to terms and conditions that apply therein. These Terms of Use relate only to your use of the Offer Page and the services provided by Kiwi Wall.
In order to provide such services, Kiwi Wall enters into transactions with various entities who own/operate Applications, pursuant to which such entities undertake to provide their users with virtual currency in return for payment. Kiwi Wall then provides the users with the platform via which they may earn, win or purchase the virtual currency usable for the applicable Application, such platform being the Kiwi Wall Offer Page that will appear in the applicable Application (the “Offer Page”).
Each web user shall be able to win or earn virtual currency by following the links provided in the Offer Page and participating in and completing certain advertisement offers. Additionally, each web user shall be able to purchase virtual currency by following the links provided in the Offer Page and using various customary online payment methods (such as by means of credit card, mobile billing, Paypal and/or other payment methods).
The provisions herein constitute the general terms of use (“Terms of Use”) that apply to the use of the Offer Page and/or use of the aforementioned service and/or any other services provided by Kiwi Wall via the Offer Page (“Services”), by any web user. Any use of the Offer Page and/or the Services is subject to these Terms of Use.
If you do not agree to any term or condition stipulated in the Terms of Use, please refrain from and cease any use of the Offer Page and the Services. Your use of the Offer Page and/or the Services shall be deemed to constitute total and unqualified agreement to all the terms and condition of the Terms of Use detailed hereunder, and shall constitute a legally binding contract between you and Kiwi Wall.
For the avoidance of doubt, in any instance in which any of the terms “web user”, ”user”, “you”, “your” or alike is used in these Terms of Use, the meaning is to any person using, or who has used, the Offer Page and/or any of the Services, regardless whether such term is used in singular or plural. Additionally, please note that your use of the Services and/or Offer Page may lead you to certain third party Applications and other websites, and your use of such Applications and/or websites and/or any offers or services provided by or via said Applications or websites may be subject to terms and conditions that apply therein. These Terms of Use relate only to your use of the Offer Page and the services provided by Kiwi Wall.
2. VIRTUAL CURRENCY; OBTAINMENT OF VIRTUAL CURRENCY
Virtual Currency. The virtual currency provided to you pursuant to your use of the Services is not real life currency and has no value whatsoever, either as a currency or otherwise, in the real world. Such virtual currency may not be used for any purpose other than within the framework of the applicable Application for which it was intended by the respective Application owner/operator and subject to the applicable Application owner/operators’ terms of use in relation to such virtual currency. The amount, value and permitted uses of the virtual currency which you may be entitled to receive pursuant to use of the Services (whether via participation in advertising offers and/or payment or real money) is determined solely by the owner/operator of the Application regarding which such virtual money is intended to be used. Kiwi Wall is in no way responsible or liable for any matter related to the amount, value or permitted use of the virtual currency received by you.
Earning/Winning Virtual Currency. In order to earn or win the virtual currency, you shall be required to fulfill and complete all the requirements of the applicable advertising offers as set forth in the instructions of the applicable offer. The nature of the requirements to be fulfilled, and the amount and type of virtual currency to which you may be entitled pursuant to the completion of said requirements, are determined solely by the applicable advertiser and the owner/operator of the applicable Application. Kiwi Wall is not liable or responsible for the amount and/or type of virtual currency received by you pursuant your participation in any advertising offer and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application. Without derogating from the generality of the foregoing, Kiwi Wall is not responsible for any discrepancies between any offer appearing on the Offer Page and any offer actually provided by the applicable Application and the actual payout of virtual currency may not equal to that disclosed on the Offer Page.
Purchase of Virtual Currency. In order to purchase the virtual currency, you shall be required to pay a certain amount of real money as determined by the virtual money per real money value rate detailed and set forth in the instructions appearing in the applicable purchase offer. The amount of real money required to be paid for each unit of the applicable virtual currency is determined solely by the owner/operator of the applicable Application. Furthermore, please be advised that should you decide to purchase the virtual money, the actual money transfer shall be performed by certain third party entities that deal in e-commerce and online money transfers, and such third parties shall be solely responsible for the transfer of your payment to the applicable owner/operator of the Application. Kiwi Wall is not liable or responsible for the safe transfer of your payment to its intended destination or for the amount and/or type of virtual currency received by you pursuant your purchasing the virtual currency and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application and/or the applicable third party performing the transfer of your payment, as applicable. In any event, all transactions, for virtual currency or for other items, are considered final, and there will be no refunds.
Earning/Winning Virtual Currency. In order to earn or win the virtual currency, you shall be required to fulfill and complete all the requirements of the applicable advertising offers as set forth in the instructions of the applicable offer. The nature of the requirements to be fulfilled, and the amount and type of virtual currency to which you may be entitled pursuant to the completion of said requirements, are determined solely by the applicable advertiser and the owner/operator of the applicable Application. Kiwi Wall is not liable or responsible for the amount and/or type of virtual currency received by you pursuant your participation in any advertising offer and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application. Without derogating from the generality of the foregoing, Kiwi Wall is not responsible for any discrepancies between any offer appearing on the Offer Page and any offer actually provided by the applicable Application and the actual payout of virtual currency may not equal to that disclosed on the Offer Page.
Purchase of Virtual Currency. In order to purchase the virtual currency, you shall be required to pay a certain amount of real money as determined by the virtual money per real money value rate detailed and set forth in the instructions appearing in the applicable purchase offer. The amount of real money required to be paid for each unit of the applicable virtual currency is determined solely by the owner/operator of the applicable Application. Furthermore, please be advised that should you decide to purchase the virtual money, the actual money transfer shall be performed by certain third party entities that deal in e-commerce and online money transfers, and such third parties shall be solely responsible for the transfer of your payment to the applicable owner/operator of the Application. Kiwi Wall is not liable or responsible for the safe transfer of your payment to its intended destination or for the amount and/or type of virtual currency received by you pursuant your purchasing the virtual currency and any complaints, errors and/or problems you may have in connection with the foregoing should be reported directly to the owner/operator of the Application and/or the applicable third party performing the transfer of your payment, as applicable. In any event, all transactions, for virtual currency or for other items, are considered final, and there will be no refunds.
3. USE OF THE OFFER PAGE AND SERVICES
Any use of the Offer Page and/or Services will be subject to and in accordance with these Terms of Use. Please note, you may not make any use of the Offer Page and/or the Services in the event that you are under the age of 13. Accordingly, if you are not yet 13 years old, please refrain from making any use of the Offer Page and/or the Services and do not submit to Kiwi Wall any information about yourself whatsoever.
Furthermore, if you are under the age of 18, you may not purchase any virtual currency by paying with real life currency, in any form of payment, including without limitation via credit card. Accordingly, if you are not yet 18 years old, please refrain from using any Services or functions on the Offer Page which enable the purchase of virtual currency by means of payment of real life money. Use of the Offer Page and/or Services is permitted and allowed only for personal and private use. Without derogating from the foregoing, under no circumstances may you make any direct or indirect commercial use of the Offer Page and/or Services and/or the Content (as defined below) without receiving the prior written consent from an authorized representative of Kiwi Wall. You may not copy, reproduce, distribute or revise the Offer Page and/or any content appearing on the Offer Page and/or any content to which you may be exposed due to your use of the Offer Page or the Services including, without limitation, any and all advertisements and/or other commercial content to which you may be exposed (collectively, the “Content”), or create any derivatives of the Offer Page and/or the Content and/or or any part of the foregoing, in any manner and for any purpose. For the avoidance of doubt, Content shall also include, without limitation, any programs, interfaces, designs, graphics, content, “look and feel”, logos, trademarks, trade names and/or the like related to the Services and/or appearing on the Offer Page. You may not use, nor shall you allow, encourage, direct or assist any other persons or entities to use, in any manner, the Offer Page, the Content or the Services, or any portion thereof for the purpose of performing any illegal act including, without limitation, computer crimes, and collection of data or details via mechanisms and/or programs for information collection (such as, for instance, robots, spiders, offline readers etc.). You shall not disrupt the normal functioning of the Offer Page and/or the Services.
Kiwi Wall hereby retains the right, at its sole and exclusive discretion, to cease, reduce and/or revise the Offer Page and/or the Services, without being required to provide any notice or warning of any kind in connection with same, and any such cessation, reduction or other change will not cause any responsibility or liability towards Kiwi Wall and/or any other third party. Without derogating from the generality of the foregoing, you hereby undertake and represent that you shall not upload, store and/or distribute, on or via the Offer Page, any contents that:
Furthermore, if you are under the age of 18, you may not purchase any virtual currency by paying with real life currency, in any form of payment, including without limitation via credit card. Accordingly, if you are not yet 18 years old, please refrain from using any Services or functions on the Offer Page which enable the purchase of virtual currency by means of payment of real life money. Use of the Offer Page and/or Services is permitted and allowed only for personal and private use. Without derogating from the foregoing, under no circumstances may you make any direct or indirect commercial use of the Offer Page and/or Services and/or the Content (as defined below) without receiving the prior written consent from an authorized representative of Kiwi Wall. You may not copy, reproduce, distribute or revise the Offer Page and/or any content appearing on the Offer Page and/or any content to which you may be exposed due to your use of the Offer Page or the Services including, without limitation, any and all advertisements and/or other commercial content to which you may be exposed (collectively, the “Content”), or create any derivatives of the Offer Page and/or the Content and/or or any part of the foregoing, in any manner and for any purpose. For the avoidance of doubt, Content shall also include, without limitation, any programs, interfaces, designs, graphics, content, “look and feel”, logos, trademarks, trade names and/or the like related to the Services and/or appearing on the Offer Page. You may not use, nor shall you allow, encourage, direct or assist any other persons or entities to use, in any manner, the Offer Page, the Content or the Services, or any portion thereof for the purpose of performing any illegal act including, without limitation, computer crimes, and collection of data or details via mechanisms and/or programs for information collection (such as, for instance, robots, spiders, offline readers etc.). You shall not disrupt the normal functioning of the Offer Page and/or the Services.
Kiwi Wall hereby retains the right, at its sole and exclusive discretion, to cease, reduce and/or revise the Offer Page and/or the Services, without being required to provide any notice or warning of any kind in connection with same, and any such cessation, reduction or other change will not cause any responsibility or liability towards Kiwi Wall and/or any other third party. Without derogating from the generality of the foregoing, you hereby undertake and represent that you shall not upload, store and/or distribute, on or via the Offer Page, any contents that:
- Are Illegal or immoral, including without limitation, pornographic, violent or similar content;
- Are Harmful, distressing, or that constitute harassment, slander, defamation, incitement, instigation or alike;
- Infringe upon any third party’s rights including, without limitation, any intellectual property rights, such as, inter alia, copyright, trademarks and trade secrets.
- Are advertisements or constitute any other method of marketing, including without limitation, any offers to sell products and/or services and/or appeals or approaches of such kind;
- Are Electronic mail or any other messages that constitute spamming or phishing;
- May harm or cause damages to the Offer Page or its related or linked websites including, without limitation, viruses, trojan horses, and any other programs that my cause damages to the Offer Page, Services, Kiwi Wall or the users of the Offer Page or the Services.
- In the event that Kiwi Wall determines, at its discretion, that any user has or is acting in violation of these Terms of Use or otherwise in bad faith, then Kiwi Wall shall be entitled to prevent and prohibit said user from using the Offer Page and/or the Services temporarily or permanently.
4. PRIVACY POLICY AND CONFIDENTIALITY
Kiwi Wall respects the privacy of its users. The terms set forth below will set forth and explain the principles of the privacy policy practiced by Kiwi Wall in relation to the Offer Page and the Services. Amongst other things, the terms hereunder will provide details as to the manner in which Kiwi Wall shall use any information provided by any user within the framework of such user’s visits and use of the Offer Page and/or Services, or the information collected by Kiwi Wall during your visiting and use of the Offer Page and/or Services.
Your Information Collected/Received by Kiwi Wall Any information that you shall provide while registering for the Offer Page and/or Services, or while using the Offer Page and/or Services (such as your name, age, contact details, gender and other similar information), and any other personally identifiable information including, your e-mail address should you choose to provide it, will be stored in a database of Kiwi Wall. While you may be required to provide certain of the aforesaid information in connection with your use of the Services, please not that you are not required under law to provide any of the aforesaid information.
In addition to the information that you shall disclose actively, during your use of the Offer Page and/or Services, it is possible that certain information about you may be accumulated including, amongst other things, personalized and general information, such as information regarding the manner in which you use the Offer Page and/or Services, the sections of the Offer Page and/or Services which you have visited, services and products that you have shown interest in, Content that you have viewed on the Offer Page and/or Services, offers and activities that have interested you, the placement of the computer via which you have visited the Offer Page and/or Services, Internet Protocol address (“IP Address”), a unique user ID, version of software installed, system type, screen resolutions, color capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the dates and times that you visit the Offer Page and/or use the Services, paths taken, and time spent on sites and pages etc You may also provide Kiwi Wall with demographic information and information related to social networking sites you use, such as the name, address and description. By using the Offer Page and/or Services, Kiwi Wall will have access to your transaction history via the Offer Page and the Applications. Additionally, the Kiwi Wall Offer Page and/or the Services may contain electronic image requests that enable Kiwi Wall to count web page views and to access cookies. Kiwi Wall web beacons do not collect, monitor or share any personally identifiable information and their purpose is to compile anonymous information about web site usage. In addition to the foregoing, Application owners/operators provide Kiwi Wall with information regarding the activities of users on their Applications. Kiwi Wall requires such information in order to provide the Services and such information does not enable such users to be identified as individual persons, except in the event that the applicable user has expressly waived the right of confidentiality in relation to said information.
HOWEVER, REGARDLESS OF THE FOREGOING, IN THE EVENT THAT YOU ARE UNDER THE AGE OF 13, THEN PLEASE REFRAIN FROM USING THE WEBSITE AND/OR THE SERVICES IN ANY MANNER.
Kiwi Wall does not knowingly collect or maintain personally identifiable information from persons under the age of 13. To the extent that Kiwi Wall is made aware of any such information in its possession that has been received by Kiwi Wall via the Website or use of the Services, Kiwi Wall shall then take requisite steps in order to delete such information from its data bases.
Accordingly, in the event that you suspect your child or any other child has provided Kiwi Wall with personally identifiable information, we request that you contact us as soon as possible and inform us thereof in order to ensure that such information shall be promptly deleted.
Furthermore, please be advised that there are various resources designed to assist parents in monitoring and, if required, limiting the use of their children of the Internet
Use of the Information.
Kiwi Wall shall store all the aforesaid information relating to you in its databases, however the use of such information shall only be in accordance with the terms of this privacy policy and/or in accordance with the provisions of any law, for any one or more of the following purposes, and by using the Services and/or Offer Page, you are expressly agreeing to use of the information for the following purposes:
(a) To enable normal use of the Offer Page and/or Services and to enable use of the various services available on the Offer Page and/or Services and the various activities that shall be offered from time to time on the Offer Page and/or Services.
(b) To improve and enrich the Offer Page, the Services and/or the Content, amongst other things, to create new services and content suitable for the requirements of the Offer Page and/or Services, and to control and supervise the existing Services and Content.
(c) For the purpose of handling and processing any payments, Kiwi Wall shall be entitled to transfer certain user related information as may be required by the designated external service providers who are responsible for the collection of any payments made in connection with the Offer Page and/or the Services insofar as such disclosure is deemed necessary by said external service providers in order to determine the amounts required to be paid and the settlement of said accounts with the user.
(d) If Kiwi Wall cooperates with third parties in order to render any of its Services and is required to provide such third parties with any of the foregoing information in connection with the provision of such services, then it shall require such third party to adhere to the applicable data protection regulations and to provide for adequate data protection.
(e) For the purpose of research regarding demography, interests, and behavior and for the purpose of determining, computing, processing, creating and publishing general statistics, in connection with the users of the Offer Page and/or Services and any information provided by such users and/or obtained in connection with any use of the Offer Page and/or the Services as stated above, and for disclosing such statistics to third parties for commercial and other uses, however not in a manner that shall expose the connection between any use and such user’s private or confidential information or that shall otherwise identify the user. To the extent that Kiwi Wall shall use any such information for the purpose of creating and maintaining user profiles, it shall not transfer such user profiles to any third party without the prior consent the applicable user.
(f) For the purpose of contacting you, or enabling certain advertisers to contact you, from time to time, including via electronic mail in order to refer you to certain information in connection with the Website and/or Services, and other marketing and advertising information on behalf of Kiwi Wall or other advertisers, based on the information you have submitted or otherwise conveyed pursuant to use of the Website and/or the Services. Kiwi Wall may also use your email address, for various communications, such as administrative communications, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding the upload or download of any Content. It is important to point out, that you are entitled, at any time, to remove your address from the mail list of Kiwi Wall by contacting Kiwi Wall at the following email address: [email protected]
(g) For the purpose of forming and analyzing statistical information regarding the activity of the users on the Offer Page and/or Services and the activities of any users in relation to any Application connected to the Offer Page and/or the Services and transfer of such information to third parties, including advertisers. The information used for such a purpose is mostly statistical and does not personally identify you.
(h) For any other purpose detailed in this privacy policy, these Terms of Use and/or as detailed under the specific terms of use in connection with any services provided in connection with the Offer Page and/or Services.
Disclosure of Information to Third Parties
Kiwi Wall shall not disclose to any third parties your personal information and/or information collected in connection with your use of the Offer Page and/or Services insofar as such information identifies you personally, except in any of the following occurrences:
(a) In the event that you shall breach any terms set forth in these Terms of Use and/or if you perform via the Offer Page and/or Services, or in connection with the Offer Page and/or Services, any acts that are illegal (including act that, in the sole opinion of Kiwi Wall, may be illegal), or any attempt to perform any of the foregoing. It is clarified that Kiwi Wall shall be entitled to disclose personal information that identifies you as may be required under applicable law including, without limitation, in the event that a court or administrative order to provide such personal information and/or your personal details to any third party in the foregoing circumstances.
(b) In the event of any dispute, claim, suit, or other legal proceedings of any kind between you and Kiwi Wall.
(c) In any event that, in the opinion of Kiwi Wall, the disclosure of such information is required in order to prevent damage to your body or to your property, or to the property or body of any other third party. In such event, Kiwi Wall shall use its reasonable best efforts in order to notify you of such disclosure.
(d) In any event where the Offer Page and/or Services and/or any rights related to the Offer Page and/or Services and/or in the event that the operation of the Offer Page and/or Services is transferred by Kiwi Wall to any other entity including, without limitation, in the event that the Offer Page and/or Services is sold, of the merger of Kiwi Wall with any third party and/or any restructuring in connection with Kiwi Wall, provided however that the entity to whom the information is disclosed shall undertake to comply with the provisions of this privacy policy or a privacy policy substantially similar to this privacy policy.
Collection of Information by Use of Technological Means.
Kiwi Wall uses technological means known as “Cookies” for the purpose operating the Offer Page and/or Services and maintaining the Offer Page and/or Services in normal working order, within the framework of which Kiwi Wall also collects statistical information in connection with the use of the Offer Page and/or Services, verification of data, and to suit the Offer Page and/or Services to your personal preferences and data security requirements. Cookies are text files that are created by your Internet browser in accordance with instructions provided to it by the system computers. Some of the “Cookies” will be deleted from your computer once you close the Internet browser, however others will be saved on your computer.
Cookies contain information such as the Internet Web Pages you have visited, the time spent on each site, from where you arrived at the Offer Page and/or Services etc. They are also used for a quick and easy entrance into your account on the Offer Page and/or Services, by “memorizing” your details in parts of the Offer Page and/or Services that require registration. The information in a Cookie is encrypted, and Kiwi Wall uses security means that are commonly acceptable in the industry in order to protect the security of the information and its computers.
Kiwi Wall advises you that you may learn how to review and modify your computer’ settings regarding cookies. Please be advised that some of the business partners of Kiwi Wall use cookies obtained in connection with the use of the Offer Page and/or the Services. Kiwi Wall has no control over these cookies. The terms and conditions of these Terms of Use only cover the use of the cookies by Kiwi Wall and not the use of cookies by any other entities (such as advertisers, etc.).
Information Security.
Kiwi Wall implements on the Offer Page and/or Services certain procedures and systems for maintaining the security of information. It is important to remember that despite the fact that such procedures and systems greatly diminish the risk of any unauthorized pervasions to the system’s computers, they do not provide absolute security. Accordingly, Kiwi Wall is unable to warrant or undertake that the Offer Page and/or Services and/or the services provided by the Offer Page and/or Services will be fully protected against any unauthorized pervasions. Right to Access the Information and Delete the Information or Portions Thereof. Any person is entitled to access and view, either by themselves, via any representative empowered to do so in writing or via a guardian, information about themselves stored upon the database. Additionally, such person is entitled, in certain circumstances, to approach the owner of the database and request that the information be corrected or erased and the database owner shall act in such circumstances in the manner prescribed under any applicable law and remove such information from the database as promptly as may be reasonably expected subject to technical and internal organizational requirements. Additionally, if the information stored in the database of Kiwi Wall is used by it for the purpose of direct marketing of commercial offers you shall be entitled, subject to the provisions of any applicable law, to write to Kiwi Wall at the following address [email protected] and to demand that Kiwi Wall delete the foregoing information from its databases. It is clarified that, pursuant to any such notification, Kiwi Wall shall only delete such information that is required in order to send you such foregoing commercial proposals. In such case, please note that the information required by Kiwi Wall for the purpose of managing the Offer Page and/or Services and its business including, without limitation, documentation of commercial and other transactions that you have performed on the Offer Page and/or Services or via the Offer Page and/or Services, shall continue to be stored in the databases as required under any law, but shall not be continued to use for the purpose of approaching you.
Changes to the Privacy Policy Please note that Kiwi WallAds retains its right to change, from time to time, without being required to provide any notification, and at its sole discretion the provisions of the privacy policy as detailed herein. Accordingly, it is advised to visit this Web page from time to time in order to see any such changes and to view the Terms of Use.
Your Information Collected/Received by Kiwi Wall Any information that you shall provide while registering for the Offer Page and/or Services, or while using the Offer Page and/or Services (such as your name, age, contact details, gender and other similar information), and any other personally identifiable information including, your e-mail address should you choose to provide it, will be stored in a database of Kiwi Wall. While you may be required to provide certain of the aforesaid information in connection with your use of the Services, please not that you are not required under law to provide any of the aforesaid information.
In addition to the information that you shall disclose actively, during your use of the Offer Page and/or Services, it is possible that certain information about you may be accumulated including, amongst other things, personalized and general information, such as information regarding the manner in which you use the Offer Page and/or Services, the sections of the Offer Page and/or Services which you have visited, services and products that you have shown interest in, Content that you have viewed on the Offer Page and/or Services, offers and activities that have interested you, the placement of the computer via which you have visited the Offer Page and/or Services, Internet Protocol address (“IP Address”), a unique user ID, version of software installed, system type, screen resolutions, color capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the dates and times that you visit the Offer Page and/or use the Services, paths taken, and time spent on sites and pages etc You may also provide Kiwi Wall with demographic information and information related to social networking sites you use, such as the name, address and description. By using the Offer Page and/or Services, Kiwi Wall will have access to your transaction history via the Offer Page and the Applications. Additionally, the Kiwi Wall Offer Page and/or the Services may contain electronic image requests that enable Kiwi Wall to count web page views and to access cookies. Kiwi Wall web beacons do not collect, monitor or share any personally identifiable information and their purpose is to compile anonymous information about web site usage. In addition to the foregoing, Application owners/operators provide Kiwi Wall with information regarding the activities of users on their Applications. Kiwi Wall requires such information in order to provide the Services and such information does not enable such users to be identified as individual persons, except in the event that the applicable user has expressly waived the right of confidentiality in relation to said information.
HOWEVER, REGARDLESS OF THE FOREGOING, IN THE EVENT THAT YOU ARE UNDER THE AGE OF 13, THEN PLEASE REFRAIN FROM USING THE WEBSITE AND/OR THE SERVICES IN ANY MANNER.
Kiwi Wall does not knowingly collect or maintain personally identifiable information from persons under the age of 13. To the extent that Kiwi Wall is made aware of any such information in its possession that has been received by Kiwi Wall via the Website or use of the Services, Kiwi Wall shall then take requisite steps in order to delete such information from its data bases.
Accordingly, in the event that you suspect your child or any other child has provided Kiwi Wall with personally identifiable information, we request that you contact us as soon as possible and inform us thereof in order to ensure that such information shall be promptly deleted.
Furthermore, please be advised that there are various resources designed to assist parents in monitoring and, if required, limiting the use of their children of the Internet
Use of the Information.
Kiwi Wall shall store all the aforesaid information relating to you in its databases, however the use of such information shall only be in accordance with the terms of this privacy policy and/or in accordance with the provisions of any law, for any one or more of the following purposes, and by using the Services and/or Offer Page, you are expressly agreeing to use of the information for the following purposes:
(a) To enable normal use of the Offer Page and/or Services and to enable use of the various services available on the Offer Page and/or Services and the various activities that shall be offered from time to time on the Offer Page and/or Services.
(b) To improve and enrich the Offer Page, the Services and/or the Content, amongst other things, to create new services and content suitable for the requirements of the Offer Page and/or Services, and to control and supervise the existing Services and Content.
(c) For the purpose of handling and processing any payments, Kiwi Wall shall be entitled to transfer certain user related information as may be required by the designated external service providers who are responsible for the collection of any payments made in connection with the Offer Page and/or the Services insofar as such disclosure is deemed necessary by said external service providers in order to determine the amounts required to be paid and the settlement of said accounts with the user.
(d) If Kiwi Wall cooperates with third parties in order to render any of its Services and is required to provide such third parties with any of the foregoing information in connection with the provision of such services, then it shall require such third party to adhere to the applicable data protection regulations and to provide for adequate data protection.
(e) For the purpose of research regarding demography, interests, and behavior and for the purpose of determining, computing, processing, creating and publishing general statistics, in connection with the users of the Offer Page and/or Services and any information provided by such users and/or obtained in connection with any use of the Offer Page and/or the Services as stated above, and for disclosing such statistics to third parties for commercial and other uses, however not in a manner that shall expose the connection between any use and such user’s private or confidential information or that shall otherwise identify the user. To the extent that Kiwi Wall shall use any such information for the purpose of creating and maintaining user profiles, it shall not transfer such user profiles to any third party without the prior consent the applicable user.
(f) For the purpose of contacting you, or enabling certain advertisers to contact you, from time to time, including via electronic mail in order to refer you to certain information in connection with the Website and/or Services, and other marketing and advertising information on behalf of Kiwi Wall or other advertisers, based on the information you have submitted or otherwise conveyed pursuant to use of the Website and/or the Services. Kiwi Wall may also use your email address, for various communications, such as administrative communications, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding the upload or download of any Content. It is important to point out, that you are entitled, at any time, to remove your address from the mail list of Kiwi Wall by contacting Kiwi Wall at the following email address: [email protected]
(g) For the purpose of forming and analyzing statistical information regarding the activity of the users on the Offer Page and/or Services and the activities of any users in relation to any Application connected to the Offer Page and/or the Services and transfer of such information to third parties, including advertisers. The information used for such a purpose is mostly statistical and does not personally identify you.
(h) For any other purpose detailed in this privacy policy, these Terms of Use and/or as detailed under the specific terms of use in connection with any services provided in connection with the Offer Page and/or Services.
Disclosure of Information to Third Parties
Kiwi Wall shall not disclose to any third parties your personal information and/or information collected in connection with your use of the Offer Page and/or Services insofar as such information identifies you personally, except in any of the following occurrences:
(a) In the event that you shall breach any terms set forth in these Terms of Use and/or if you perform via the Offer Page and/or Services, or in connection with the Offer Page and/or Services, any acts that are illegal (including act that, in the sole opinion of Kiwi Wall, may be illegal), or any attempt to perform any of the foregoing. It is clarified that Kiwi Wall shall be entitled to disclose personal information that identifies you as may be required under applicable law including, without limitation, in the event that a court or administrative order to provide such personal information and/or your personal details to any third party in the foregoing circumstances.
(b) In the event of any dispute, claim, suit, or other legal proceedings of any kind between you and Kiwi Wall.
(c) In any event that, in the opinion of Kiwi Wall, the disclosure of such information is required in order to prevent damage to your body or to your property, or to the property or body of any other third party. In such event, Kiwi Wall shall use its reasonable best efforts in order to notify you of such disclosure.
(d) In any event where the Offer Page and/or Services and/or any rights related to the Offer Page and/or Services and/or in the event that the operation of the Offer Page and/or Services is transferred by Kiwi Wall to any other entity including, without limitation, in the event that the Offer Page and/or Services is sold, of the merger of Kiwi Wall with any third party and/or any restructuring in connection with Kiwi Wall, provided however that the entity to whom the information is disclosed shall undertake to comply with the provisions of this privacy policy or a privacy policy substantially similar to this privacy policy.
Collection of Information by Use of Technological Means.
Kiwi Wall uses technological means known as “Cookies” for the purpose operating the Offer Page and/or Services and maintaining the Offer Page and/or Services in normal working order, within the framework of which Kiwi Wall also collects statistical information in connection with the use of the Offer Page and/or Services, verification of data, and to suit the Offer Page and/or Services to your personal preferences and data security requirements. Cookies are text files that are created by your Internet browser in accordance with instructions provided to it by the system computers. Some of the “Cookies” will be deleted from your computer once you close the Internet browser, however others will be saved on your computer.
Cookies contain information such as the Internet Web Pages you have visited, the time spent on each site, from where you arrived at the Offer Page and/or Services etc. They are also used for a quick and easy entrance into your account on the Offer Page and/or Services, by “memorizing” your details in parts of the Offer Page and/or Services that require registration. The information in a Cookie is encrypted, and Kiwi Wall uses security means that are commonly acceptable in the industry in order to protect the security of the information and its computers.
Kiwi Wall advises you that you may learn how to review and modify your computer’ settings regarding cookies. Please be advised that some of the business partners of Kiwi Wall use cookies obtained in connection with the use of the Offer Page and/or the Services. Kiwi Wall has no control over these cookies. The terms and conditions of these Terms of Use only cover the use of the cookies by Kiwi Wall and not the use of cookies by any other entities (such as advertisers, etc.).
Information Security.
Kiwi Wall implements on the Offer Page and/or Services certain procedures and systems for maintaining the security of information. It is important to remember that despite the fact that such procedures and systems greatly diminish the risk of any unauthorized pervasions to the system’s computers, they do not provide absolute security. Accordingly, Kiwi Wall is unable to warrant or undertake that the Offer Page and/or Services and/or the services provided by the Offer Page and/or Services will be fully protected against any unauthorized pervasions. Right to Access the Information and Delete the Information or Portions Thereof. Any person is entitled to access and view, either by themselves, via any representative empowered to do so in writing or via a guardian, information about themselves stored upon the database. Additionally, such person is entitled, in certain circumstances, to approach the owner of the database and request that the information be corrected or erased and the database owner shall act in such circumstances in the manner prescribed under any applicable law and remove such information from the database as promptly as may be reasonably expected subject to technical and internal organizational requirements. Additionally, if the information stored in the database of Kiwi Wall is used by it for the purpose of direct marketing of commercial offers you shall be entitled, subject to the provisions of any applicable law, to write to Kiwi Wall at the following address [email protected] and to demand that Kiwi Wall delete the foregoing information from its databases. It is clarified that, pursuant to any such notification, Kiwi Wall shall only delete such information that is required in order to send you such foregoing commercial proposals. In such case, please note that the information required by Kiwi Wall for the purpose of managing the Offer Page and/or Services and its business including, without limitation, documentation of commercial and other transactions that you have performed on the Offer Page and/or Services or via the Offer Page and/or Services, shall continue to be stored in the databases as required under any law, but shall not be continued to use for the purpose of approaching you.
Changes to the Privacy Policy Please note that Kiwi WallAds retains its right to change, from time to time, without being required to provide any notification, and at its sole discretion the provisions of the privacy policy as detailed herein. Accordingly, it is advised to visit this Web page from time to time in order to see any such changes and to view the Terms of Use.
5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Kiwi Wall and its business associates, as applicable, shall retain and solely own all of the rights, title and interest, including without limitation, any and all intellectual property rights, in and to the Offer Page and/or Services and/or Content, and any and all parts and components thereof, including its properties, characteristics, content, and any idea or matter connected to the Offer Page and/or Services.
You are prohibited from rewriting, revising, erasing, adding, copying, photographing, reproducing, publicly displaying, distributing, disclosing to any third party, or making any other use, commercial or otherwise, of the counseling, guidance, information, contents or alike, that are displayed on the Offer Page and/or Services and/or the Content and/or are provided by and/or via the Offer Page and/or Services, including without limitation any trademark or copyright notice appearing on the Offer Page and/or Services and/or Content and/or any other material that shall be provide to you by Kiwi Wall and/or anyone on its behalf, without receiving the express prior written consent of Kiwi Wall.
Disclaimer
The Services and other services provided by Kiwi Wall or in connection with the Offer Page are provided “As-Is”, meaning, that neither Kiwi Wall, nor anyone on it behalf, provides any representation, warranty or alike in connection with the foregoing, including without limitation, in relation to the use of the Services, the results of using the Services and/or the exposure and/or use of any Content in connection with the results of the user acting in accordance with the foregoing.
Without derogating from the generality of the foregoing, Kiwi Wall and anyone on its behalf hereby expressly disclaim any representation and/or guarantee in connection with (i) the receipt of, and ability to utilize, any type of virtual currency pursuant to use of the Services; (ii) the character of the Content to which any use is exposed in connection with the use of the Services and/or the Offer Page; (iii) the transfer/conveyance of any payment made in connection with the use of the Services and/or the Offer Page, including without limitation, for the purpose of purchasing virtual currency; (iv) any content, activities, communications, exposures, acts or omissions, liabilities, expenses or damages, caused in connection with any Application or other website, application or the like which is not under the control of Kiwi Wall, to which any user was exposed in connection with the use of the Services and/or the Offer Page, including without limitation, in relation to the legality and/or morality of any of the foregoing.
You are prohibited from rewriting, revising, erasing, adding, copying, photographing, reproducing, publicly displaying, distributing, disclosing to any third party, or making any other use, commercial or otherwise, of the counseling, guidance, information, contents or alike, that are displayed on the Offer Page and/or Services and/or the Content and/or are provided by and/or via the Offer Page and/or Services, including without limitation any trademark or copyright notice appearing on the Offer Page and/or Services and/or Content and/or any other material that shall be provide to you by Kiwi Wall and/or anyone on its behalf, without receiving the express prior written consent of Kiwi Wall.
Disclaimer
The Services and other services provided by Kiwi Wall or in connection with the Offer Page are provided “As-Is”, meaning, that neither Kiwi Wall, nor anyone on it behalf, provides any representation, warranty or alike in connection with the foregoing, including without limitation, in relation to the use of the Services, the results of using the Services and/or the exposure and/or use of any Content in connection with the results of the user acting in accordance with the foregoing.
Without derogating from the generality of the foregoing, Kiwi Wall and anyone on its behalf hereby expressly disclaim any representation and/or guarantee in connection with (i) the receipt of, and ability to utilize, any type of virtual currency pursuant to use of the Services; (ii) the character of the Content to which any use is exposed in connection with the use of the Services and/or the Offer Page; (iii) the transfer/conveyance of any payment made in connection with the use of the Services and/or the Offer Page, including without limitation, for the purpose of purchasing virtual currency; (iv) any content, activities, communications, exposures, acts or omissions, liabilities, expenses or damages, caused in connection with any Application or other website, application or the like which is not under the control of Kiwi Wall, to which any user was exposed in connection with the use of the Services and/or the Offer Page, including without limitation, in relation to the legality and/or morality of any of the foregoing.
6. LIMITATION OF LIABILITY
Each and every user that chooses to utilize the Offer Page and/or Services shall do so at such user’s sole reasonability. THE LIABILITY AND/OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND THAT MAY BE INCURRED IN CONNECTION WITH THE OFFER PAGE AND/OR SERVICES AND/OR CONTENT AND/OTHER OTHER THIRD PARTY APPLICATIONS, SHALL BE SOLELY THAT OF THE USER, AND UNDER NO CIRCUMSTANCES SHALL Kiwi Wall OR ANYONE ON ITS BEHALF BE RESPONSIBLE OR LIABLE FOR ANY SUCH AFOREMENTIONED DAMAGES. Kiwi Wall does not represent that the Offer Page shall be operational and/or that the Services shall be provided, without any interruptions and/or interferences and/or faults and/or lapses, caused by any reason, including without limitation, due to any upgrading and/or bug fixing and/or maintenance and/or the like.
The user hereby represents and undertakes that the user hereby waives any claim and/or suit and/or demand against Kiwi Wall and/or anyone on its behalf, in connection with the use and reliance on the Services, the Offer Page, the Content or anything related to any of the foregoing. Kiwi Wall shall use reasonable efforts to protect the details of the user and the user’s privacy in accordance with the privacy policy as set forth under these Terms of Use. HOWEVER, IT IS HEREBY CLARIFIED THAT FULL AND ABSOLUTE PROTECTION OF THE DETAILS AND/OR INFORMATION PROVIDED BY A USER CANNOT BE GUARANTEED. ACCORDINGLY, THE USER HEREBY WAIVES ANY CLAIM AND/OR SUIT AGAINST Kiwi Wall AND/OR ANYONE ON ITS BEHALF IN CONNECTION WITH ANY HARM AND/OR DAMAGES, DIRECT OR INDIRECT, MONETARY OR OTHER, THAT MAY BE CAUSED TO SUCH USER AS A RESULT OF THE EXPOSURE OF PRIVATE INFORMATION AND/OR DETAILS, INCLUDING SENSITIVE AND CONFIDENTIAL INFORMATION. WITHOUT DEROGATING FROM THE FOREGOING, Kiwi Wall AND ANYONE ON ITS BEHALF, SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER IN THE EVENT OF ANY EXPOSURE OF DETAILS AND/OR INFORMATION OF USERS DUE TO AND/OR IN CONNECTION WITH ANY UNLAWFUL INFILTRATION INTO THE COMPUTER SYSTEMS OF THE OFFER PAGE AND/OR THE APPLICABLE WEBSITES.
The user hereby represents and undertakes that the user hereby waives any claim and/or suit and/or demand against Kiwi Wall and/or anyone on its behalf, in connection with the use and reliance on the Services, the Offer Page, the Content or anything related to any of the foregoing. Kiwi Wall shall use reasonable efforts to protect the details of the user and the user’s privacy in accordance with the privacy policy as set forth under these Terms of Use. HOWEVER, IT IS HEREBY CLARIFIED THAT FULL AND ABSOLUTE PROTECTION OF THE DETAILS AND/OR INFORMATION PROVIDED BY A USER CANNOT BE GUARANTEED. ACCORDINGLY, THE USER HEREBY WAIVES ANY CLAIM AND/OR SUIT AGAINST Kiwi Wall AND/OR ANYONE ON ITS BEHALF IN CONNECTION WITH ANY HARM AND/OR DAMAGES, DIRECT OR INDIRECT, MONETARY OR OTHER, THAT MAY BE CAUSED TO SUCH USER AS A RESULT OF THE EXPOSURE OF PRIVATE INFORMATION AND/OR DETAILS, INCLUDING SENSITIVE AND CONFIDENTIAL INFORMATION. WITHOUT DEROGATING FROM THE FOREGOING, Kiwi Wall AND ANYONE ON ITS BEHALF, SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER IN THE EVENT OF ANY EXPOSURE OF DETAILS AND/OR INFORMATION OF USERS DUE TO AND/OR IN CONNECTION WITH ANY UNLAWFUL INFILTRATION INTO THE COMPUTER SYSTEMS OF THE OFFER PAGE AND/OR THE APPLICABLE WEBSITES.
You hereby agree and undertake to full indemnify and hold harmless Kiwi Wall and its representatives within 7 days of its first request to do so, for any damages, losses, costs and/or expenses, whether direct or indirect, including reasonable attorney’s fees and other legal expenses, in connection with any breach of these Terms of Use by you. Additionally, you agree and undertake to defend, to hold harmless and to fully indemnify Kiwi Wall and its representatives in connection with any claims, suit and/or demand brought against them, all of them or some of them, by any of your representatives and/or any third party in connection with and/or as a result of you use (of any kind) of the Offer Page and/or the Services and/or the Content.
8. MISCELLANEOUS
You may contact Kiwi Wall in connection with any question and/or clarification in connection with the provisions of these Terms of Use and/or any other issue related to the Offer Page and/or the Services at the following address: [email protected] Kiwi Wall reserves the exclusive right to revise, delete and/or add terms to these Terms of Use from time to time and at its sole discretion without being required to provide any notification thereof. Should any such revisions be made, they shall be published in the Terms of Use that appear on the Offer Page. No behavior of Kiwi Wall and/or anyone on its behalf shall be deemed to be a waiver of any of its right set forth in these Terms of Use and/or under any law. To the extent that a competent judicial authority determines that any provision herein is not enforceable by law, such determination shall not cause the cancellation of these Terms of Use and/or the other provisions herein, and such provision shall be cancelled in a manner that, to the extent possible, shall minimize the effect of such cancellation on the other provisions herein which shall continue in full force and effect. Any use of the Offer Page and/or the Services and these Terms of Use, and matters concerned with the performance thereof shall be construed, interpreted, applied and governed in all respects in accordance with the laws of the State of Israel, without reference to conflict of laws principles. The competent courts of Tel Aviv-Jaffa in Israel shall have exclusive jurisdictions over any dispute arising out in connection with the foregoing.