Last updated: November 30, 2018
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications via the Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or via the Services, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site or the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3.1. Eligibility : You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.
3.2. Registration and Your Information : It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
5.1. Content Ownership, Responsibility and Removal: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
5.2. Rights in User Content Granted by You: By making any User Content available through Services you hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other account holders. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
5.3. Rights in Content Granted by Us: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
6.1. Rights in App Granted by Us: Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under these Terms.
You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services or Content or to review, display or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
8.1. In-App purchases:
Upendra Attarde may license to you certain virtual goods to be used within the Apps and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). When you obtain such Virtual Items from Upendra Attarde or its authorized designee, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable App and solely for non-commercial use.
Upendra Attarde may manage, control, modify or eliminate Virtual Items at any time, with or without notice. Without limiting the foregoing, Upendra Attarde reserves the right at any time to impose additional terms or conditions on your use of Virtual Items. Such additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the App will be deemed acceptance thereof. If we need to contact you about your Virtual Items or your account, you consent to receive the notices by email. You acknowledge and agree that any such notices that we send to you electronically will satisfy any legal communication requirements.
The transfer of Virtual Items is prohibited, except where expressly authorized in the Apps, if any.
Virtual Items have no monetary value and are not currency or property. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Virtual Items cannot be sold, traded, transferred, or exchanged for cash. Virtual Items may only be redeemed for certain gameplay entitlements that may be made available within the App from time to time. Neither Upendra Attarde nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Upendra Attarde has no liability for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
Unless otherwise required by law, all purchases and redemptions of Virtual Items made through the App or Services are final and non-refundable, and you are not entitled to a refund for any unused Virtual Items. Once you redeem a Virtual Item for a gameplay entitlement within the App or Services, such gameplay entitlement is not returnable, exchangeable, or refundable. You acknowledge and consent that the provision of Virtual Items for use in connection with the App or Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
Unless otherwise required by law, you agree that Upendra Attarde is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary.
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT UPENDRA ATTARDE IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT, YOUR ACCOUNT IS TERMINATED, OR WHEN YOU CEASE TO USE THE APP OR SERVICES.
The Services and Apps may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify us and hold us harmless including our affiliated entities and their and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR CONTENT, OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
These Terms shall be governed and construed in accordance with the laws of Maharashtra, India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If you are having a problem with a Service, many issues can be resolved on one of our forums. You may find resolution by clicking on the “Support” link on that App. Before bringing a formal legal case, first contact our support team via the App to address your issue. Most disputes can be resolved that way.
If you have any questions about these Terms or the Services, please contact us at email@example.com