Terms of Use for Augmented Reality Games at City of David Sites

The Terms of Use below are a contract between the user and the El Ad El Ir David organization (registered non-profit 580108660) and/or the Maayan Properties Company Ltd. (private company 512194784) and/or the Suba Jerusalem Organization (registered non-profit 580414696) and/or Megalim Institute and/or the Center for Research on Ancient Jerusalem (hereinafter “City of David”), Derech Hevron 183, Jerusalem. 

Statements in this document stated in masculine also mean feminine, and statements in singular also mean plural, and vice versa, and all is according to the context. 

Definitions

1. “User” means any participant in the augmented reality (AR) game at the City of David sites through the ____________ application, including any parent and/or legal guardian if relevant (for example, if the user is a minor). 
2. “The application” and/or “the game” refers to the game application that can be downloaded at the City of David National Park at the address City of David Steps 7 and includes any new and/or advanced and/or other version of the application. 
3. “Service” and/or “services” means providing participation in the game. 
4. “Content” or “contents” means all information of any kind, including verbal, audio, visual, audio-visual and/or any combination thereof in any form of distribution, presentation, design, editing and processing, including (but not limited to) any photograph, picture, animation, illustration, image, diagram, simulation, sample, audio file, video, file, computer code, software, protocol, application, mark, symbol, database, character, and icon. 

Services

1. Download of the application and/or participation in the game constitutes authorization and commitment on the part of the user to receive the services subject to the Terms of Use detailed in this document. 
2. It is hereby clarified that due to the nature of the service, which is dependent on download of the application and/or its suitability for the mobile device and/or the device’s internet capability and/or the reception and/or signal strength and/or geographical data where the game takes place and so forth, the City of David cannot guarantee continuous service and/or without interruption and/or without malfunction, nor can the City of David guarantee protection of the mobile device against breach and/or virus and/or spyware and/or any damage of any kind. 
3. It is hereby clarified that there may be disruptions n service due to maintenance and/or operation of the application by the City of David, in its sole discretion. 

User obligations and responsibilities

1. The user, including any parent and/or legal guardian of a user, declares and undertakes as follows:
   1. That he is aware that participation is his sole responsibility. 
   2. That he is solely responsible for the safety of the hardware and/or the software and/or the data and/or the protection thereof, and that the City of David has no responsibility in this regard and with use of the application. 
   3. That he is responsible for the actions performed by him during the game and while using the application, including activities in a secure environment, without barriers and/or hazards.
   4. That he is aware that the game involves walking, including ascending and descending stairs, while using the application that may impact the user’s alertness and/or attention and/or awareness of dangers, barriers or hazards if any. 
   5. That it is possible that as a result of user negligence, including closing their eyes, harm or damage may be caused to the user and/or his environment and/or to a third party by the user, and that the user is responsible for his actions, including use of the application, and will bear the consequences.  
   6. That he is aware that the site where the game takes place is a National Park and antiquities site and tourism site and visitor center and residential neighborhood, and the user undertakes to act as required by law and custom.  
   7. That he will observe the user instructions and not violate them by act or omission. 
   8. That he will not use the application together with any content that is offensive and/or infringes on any third party, including copyright and/or intellectual property, and/or that contains text and/or picture and/or images that are racist and/or pornographic, and/or contrary to morals or ethics and/or public policy and/or any law. 
   9. That he will not make any prohibited use of the application content and/or the game, will not violate the copyright and/or intellectual property of the City of David and/or the application developers and/or the content. 
   10. That he will not make any commercial use of the content and/or the game and/or the application, such as for generation of income and/or advertisement and/or marketing. 
   11. That he will not interfere with the activity of the application and/or the City of David and/or other users, including the provider, the host, the server and the network. 
   12. That he will not change and/or customize and/or copy and/or compile the application and/or the game. 
   13. That he will not encourage and/or enable any other person to violate the terms of service detailed in this agreement. 

Privacy and marketing

1. Use of the application involves entering a username and allowing location access.
2. The game involves location of the user and use of an open, active camera. 
3. At the end of the game, the user will be presented with the option to share photos and content from the application on social networks. 
4. During the game and/or afterwards, the City of David will present the user advertisements for other and/or additional services provided by the City of David and/or others, including at the City of David store. 
5. After the game, the City of David will use the user contact details for direct and/or indirect mailing purposes including notices, advertisements, updates, mailing lists, etc. whether by the City of David or through third parties. 

Copyright and intellectual property

1. The copyright and intellectual property, of and in the content, design, software, applications, trademarks, samples, computer code, contract files, texts, audio files, graphic files and all other material included in the application belong to the City of David only and/or a third party that has allowed the City of David their use.
2. Distribution, copying, public display, transfer to the public, processing, rental, and sale of the application and/or the game and/or the service, in whole or in part, directly or indirectly, by any means and/or in any media is prohibited, which includes, among other things, electronic means, photography, recording, mechanical means, or in any other way without the prior written consent of the City of David.
3. For the avoidance of doubt, the City of David is not liable in any way for any infringement of copyright and/or intellectual property. 

User content policies

1. The application allows users to upload their own content to social networks. In such instances, the content provided by the user must comply with the following policy rules:
   1. “User content” means photos, text, comments, links, descriptions and/or information uploaded to the site by the user. 
   2. By uploading user content, the user waives his privacy and gives the City of David, irrevocably, permission to use the name, photo or image in connection with the uploaded content.
   3.  By uploading user content, the user grants the City of David, irrevocably, an irrevocable, permanent and unlimited license, without compensation, to make primary and/or secondary and/or incidental use, directly and/or indirectly and/or through a third party, anywhere in Israel or the world, to make commercial and non-commercial use of the user content, including duplication, copying, editing, derivative work, new and/or re-publication and distribution, all at the sole discretion of the City of David and without receiving additional authorization from the user and/or any third party beyond the permission granted by the user by uploading the content. 
   4. The user declares and undertakes that the user content is not offensive and/or does not infringe on the rights of any third party, including copyright and/or intellectual property, of any kind, and does not include text and/or photos and/or images that are racist and/or pornographic, and/or contrary to ethics or morals and/or public policy and/or any law.
   5. The user declares and undertakes that he is responsible for the user content and uploading it to the social network, and to remove at his expense any claim or demand of any kind regarding any harm and/or damage that is claimed against him and/or against the City of David related to the user content. 
   6. The user authorizes the City of David to remove, at its sole discretion, the user content and/or any portion thereof, temporarily or permanently, for any reason, including in any case in which any concern arises regarding a breach of the user content policy, and to return any content that is removed. 
   7. The user authorizes the City of David to preserve the user content and the information included in it and its upload, and to use the content and the use information for its purposes, including transmitting it to a third party, at its sole discretion.

1. It is clarified that violation of the above policy rules constitutes a violation of the contract between the user and the City of David, and may result in the unilateral removal of the content without prior notice and/or the initiation of legal proceedings against the violator and/or anyone acting on his behalf and/or compensation to the City of David and/or a third party, and this is without prejudice to any additional or other legal process or relief available to the City of David and/or a third party against the violator and/or anyone acting on his behalf. 
2. By uploading user content, the participant undertakes to indemnify the City of David for any damage, loss, expense and/or cost, of any kind, direct and/or indirect, financial and/or non-financial.
3. Notwithstanding the foregoing, it is clarified that the City of David cannot filter the user content and has no obligation to do so.
4. The user is requested to draw the City of David’s attention to any deviation from and/or breach of the user content policy rules and/or concern about violation of them, in order to help the City of David prevent any kind of harm to you and/or any third party. Such complaints can be submitted to: rcv@cityofdavid.org.il. The complaint must be detailed and justified and indicate exactly the deviation from and/or breach of the policy rules and/or the grounds for concern about violation of them. A complaint filed will be handled accordingly.

Responsibility

1. City of David is not liable for and does not guarantee the quality of the services provided, and they are provided as is at the time of their delivery.
2. City of David does not and will not bear any liability and/or responsibility for any damage, direct or indirect, consequential, bodily injuries or special damages, to the user and/or to any third party as a result of the provision or non-delivery of the services, including in any case of tort, negligence, criminal negligence, malice or in any other case. The City of David will not bear any liability and/or responsibility for any damage or loss of property, including damage to intellectual property, loss of profits, damage to good name, resulting from and/or related to the use of services or lack of use of them, at the time of delivery and/or afterwards.

General

1. The law applicable to this agreement is Israeli law only, and the jurisdiction related to any dispute regarding it and/or the services provided under it is exclusively to the competent courts in the Jerusalem district, Israel.