Terms of Use

1. Introduction
   1. The use of the products (the “Products”) ordered from Concept Sensations LLC (the “Operator”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy, Warranty and Shipping Policy and according to any applicable law. By using the Products You signify that You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please refrain from any use of the Products.
   2. It is clarified that the Operator reserves its right to change and/or terminate Your use of the Products, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
2. Use of Products, Liability and Limitation of Liability
   1. In order to activate the Products, You must connect the Products to the App “Strike Pros” (the “App”) via Bluetooth connectivity and/or in any other way detailed by the Operator in the user manual which is available in the App’s website.
   2. Any of Your use of the Products is at Your own risk and the Operator will not be liable to any damage which may be caused to You resulting from Your use of the Products. For the avoidance of any doubt, the Products are toys which are intended solely for personal entertainment, and You may not use the Products for any other purpose.
   3. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s connectivity of the Products to the App.
3. Intellectual Property
   1. All intellectual property rights related to the Products including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
   2. You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the Products without the Operator’s prior and written consent.
4. Term and Termination
   1. The Operator may at any time terminate the functionality of the Products and/or the App if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful) and/or (iii) the Operator has decided to shut down the activity of the Products and/or the App.
   2. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the App’s and/or Operator’s website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Products will be considered as consent to such amended terms.
   3. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

Privacy Policy

This privacy policy (the "Privacy Policy") is an integral part of the terms of use and both documents should be read together.

Concept Sensations LLC (the “Operator”) respects the privacy of its users. In order to improve the protection of the Users privacy, the Operator publishes this Privacy Policy regarding how the Operator collects Your information from Your use of the Application.

1. General
   1. As part of Your use of the Application, You will be required to access the Application using your Twitch account.
   2. For the avoidance of any doubt, the Operator doesn’t collect from You any personal information. However, during Your use of the Application information regarding Your use of the Application may be collected including, but not only, the duration of your use of the Application, points you have gained, your user experience, rankings and more. Such information is statistic and does not personally identify You.
2. Database and Use of Information
   1. All collected information as stated above is stored in the Operator’s database. The Operator warrants to use such information according to the Privacy Policy and/or according to any applicable law and for the following purposes:
      • Enabling convenient and efficient use;
      • Manage Your Account;
      • Improve and enrich existing services and content;
      • Modify and/or remove existing services and content;
      • Enforce the Operator’s terms of use;
      • Reviewing complaints;
      • Any other purpose detailed in the Terms and this Privacy Policy.
3. Storing Information
   1. User details provided by You will be bound to the Privacy Policy, and You hereby agree that such information will be stored in the Operator’s databases for the following purposes:
      • Marketing, advertising and sales promotion;
      • Encouraging loyalty, research and analyzing of statistics and conducting surveys;
      • Internal uses including for R&D purposes;
      • Operational marketing and statistical purposes including processing information for such purpose;
      • Providing services to You and ensuring fair and lawful use.
   2. You acknowledge that You have no legal obligation to provide the Operator with such information and any providing of information is done at Your consent. Furthermore, the Operator may, for the above purposes, transfer such information which will not identify You, anonymous or aggregative, regarding Your use of the Application, to entities which are collaborating with the Operator’s activity and to any other entity which will provide services and benefits to the Users under the Operator’s sole discretion.
4. Transferring Information to Third Parties
   • When You have permitted the Operator to transfer and/or share Your information;
   • When You violate the Terms of the Application or act illegally;
   • To enforce the Terms or the Privacy Policy;
   • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency;
   • To establish or exercise the Operator’s legal rights;
   • To defend against legal claims; or as otherwise required by law. In such cases, the Operator may raise or waive any legal objection or right available to the Operator, in the Operator's sole discretion;
   • When the Operator believes disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing;
   • To protect and defend the rights, property or safety of the Operator, its וsers, employees or others;
   • In connection with a substantial corporate transaction, such as the sale of the Operator’s business, a divestiture, merger, consolidation, or asset sale, or in the event of liquidation.
5. Cumulative and Non-Personal Information

   The Operator may use cumulative and non-personal information which the Operator collected as detailed above. The Operator may combine non-personal information which the Operator collected with non-personal information collected from other sources. Furthermore, the Operator may share cumulative information with third parties including consultants, investors and advertisers for business analysis. For example, the Operator may report the number of users of the Application. Such information is not personal and may be used in order to develop content and services which will assist the User and will adjust content and advertisement.

6. Third-Parties
   1. There are some places in the Application where You may click on a link to access websites and/or applications that do not operate under this Privacy Policy and are not related to the Operator. These links may independently solicit and collect information, including personal information, from You and, in some instances, provide the Operator with information about Your activities on those links.
   2. Every third party such as detailed above may have its own privacy policy describing its use of personal information, and such policy will regulate the use, handling and disclosure of such personal information of the User. Should You require additional information regarding any privacy policy of third parties, The Operator recommends that You visit these third-party Applications and read their privacy policies.
   3. The Operator may allow third parties, including its authorized service providers, advertising companies and advertising networks to display advertisements in the Application. Such entities may use tracking technologies such as cookies in order to collect information regarding users which are viewing or interacting with their advertisements. The use of such cookies is with accordance to their privacy policy and not to this Privacy Policy of the Operator.
7. Your Choices About Collection and Use of Your Information; Minors
   1. You can choose not to provide the Operator with certain information, but that may result in You being unable to use certain features of the Application since such information is necessary in order to enable You to use the Application.
   2. The Operator does not knowingly collect or solicit information from minors or knowingly allows minors to use the Application. If the Operator becomes aware that information from a minor was collected without the consent of his/her parent or guardian, the Operator will immediately remove such collected information.
8. Data Security
   • The Operator takes appropriate security measures for data security purposes to help prevent unauthorized persons from gaining access to Your personal information. However, no system can be completely secure. Therefore the Operator does not warrant that its services will be totally immune to any breaches of security and/or unauthorized access, including access to the data stored in the Application.
   • The Operator inspects, from time to time, the data security of the Application and performs modifications and upgrades accordingly in order to keep the Application’s security. Nonetheless, the Operator will not be liable for any direct or indirect damage caused to You due to exposure of Your information by an unauthorized access to the Operator’s database and/or due to any negligence or act not controlled by the Operator.
9. Changes to This Privacy Policy

   The Operator may occasionally update this Privacy Policy. The Operator will notify You by sending an email to the email address You most recently provided the Operator and/or by prominently posting notice of the changes and will state at the heading of the Privacy Policy the date of change.

Shipping Policy

1. Following full payment for Your order, the ordered products will be delivered to the address You inserted upon placing Your order within 5 business days via FedEx, DHL, USPS or UPS provided that Your address appears in Concept Sensations LLC’s (the “Operator”) shipping areas as will be available from time to time. The Operator reserves its rights to change the shipping methods and/or shipping areas from time to time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
2. Shipping is free of charge. However, the Operator reserves its rights to charge shipping costs in the future at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case. In case any taxes will apply for the shipping and delivery of the Products, such taxes will be paid by You.
3. Without derogating from the above, it is clarified that all shipping services are provided by third parties which are not controlled by the Operator, and therefore the Operator shall not be liable for any damages caused by such third party including any damage resulting from negligence.
4. Since shipping services are provided by entities not controlled by the Operator, shipping times may be delayed due to reasons and causes that are not controlled by the Operator including, but not only, force majeure, sensitive national security situation at the shipping address, extreme weather conditions, nature disasters (e.g. earthquakes, floods, etc.), and other causes (e.g. roadblocks, fire, etc.) and delays caused by strikes and national and bank holidays and any mistyping of the shipping address and Your contact details, and You will not have any claims against the Operator in case of such delay resulting from the above. It is clarified that such delay will not derogate from Your obligation to pay for Your order.
5. It is clarified that should any delivery fail due to any failure to contact You at the time of such delivery, the ordered products will not be delivered to You and You will be required to arrange a new delivery with the Operator at Your own expense and additional shipping costs will be incurred.
6. Despite the above, You may allow a courier to leave the delivery at a certain place without Your presence (e.g. at Your door, in an office or at any person on Your behalf). However, in such case You hereby agree that in case of any loss, theft, defect and/or any mismatch between the item’s description and the received item, the Operator shall not be liable for none of the above and You shall have no claim against the Operator in such case.
7. The Operator shall not be liable for any delays which are not controlled by the Operator and/or any delays caused by You including, but not only, difficulties contacting You. Such delay will not constitute a breach of the Operator’s obligation to deliver Your order and such delay will not derogate from Your obligation to pay for Your order.
8. The delivery will be packaged according to the Operator’s sole discretion and You shall have no claim against the Operator’s packaging.

Warranty Policy

1. For the first 12 months from arrival of Your order, Concept Sensations LLC (the “Operator”) will provide You with a full warranty for the products ordered by You and will arrange any repair and/or service necessary for the purpose of operating the products ordered by you.
2. It is clarified that this warranty will be nullified in case of defects caused by you (e.g. alterations/modifications You made to the software/hardware of the products, defects caused due to Your negligence and/or due to improper use which was not according to the user manual, etc.), and in such case You may be requested to pay an additional fee for any repairing and/or maintenance required by You.
3. Service and maintenance times, availability and service hours will be determined solely by the Operator, and any of Your requests and/or claims to the Operator regarding this warranty (including request to repair products ordered by You) shall be made solely in writing.
4. Please note that in accordance with any applicable law, no refunds and/or returns of any ordered products are possible.