This Terms and Conditions statement shall apply to all users who visit
and access GameClimax's website and mobile application/game
(collectively referred to as "Website"). This Terms of Use govern
your use of the website, Materials, Your Content and the services
offered through gameclimax.com ("Site"). For the purpose of these
Terms of Use, wherever the context so require "you" or "your" or
"user" shall mean any natural or legal person who has agreed to
become a member of the Site by registering on the Site as
registered user or browses the Site. Your access or use of the
Site is subject to the terms and conditions of use as set out here
(Terms of Use) and the Privacy Policy made available at gameclimax.com/privacy
Please
note that by accessing or using the Site you agree to be bound by
the Terms of Use and the Terms of Use is a legally binding
agreement between you and us Game Climax, the owner of the Site
("Company").
USER REGISTRATION
You may use the Site without registration however, to participate
in certain activities of the Site you may be required to create
an account or you can login through your Facebook account or any
other third party service account permitted by the Site. In the
event you wish to create an account with us you may do so by
completing the registration process. You agree to a) provide
true, accurate, correct and complete information as prompted by
the applicable registration form b) maintain and update true,
accurate, correct and complete information provided by you during
the registration process. You may be required to choose a
password and user name. You are solely responsible for
maintaining the confidentiality of your password and account.
If at any time Company believes that your account and
password is being misused in any manner, or that the information
provided by you during the registration process is not true,
inaccurate or incomplete the Company reserves the right to cancel
your account and block your access to Site.
You
are entirely responsible for any and all activities that occur
under your account. You agree to notify the Company of any
unauthorised use of your account or any breach of security.
Company will not be liable for any loss that you may incur as a
result of someone else using your password or account or your
failure to comply with this section.
USE OF THE SITE
All materials provided on this site, including but not limited to
all information, materials, functions text, logos, designs,
graphics, images, sounds, software, documents, products and
services (collectively, the "Materials"), and the selection,
arrangement and display thereof, are the copyrighted works of the
Company/or its vendors or suppliers. All Materials herein and all
Company software are proprietary to Company and protected by
worldwide copyright and other intellectual property laws. Except
as stated herein, none of the Materials may be modified, copied,
reproduced, distributed, republished, downloaded, displayed,
sold, compiled, posted or transmitted in any form or by any
means, including but not limited to, electronic, mechanical,
photocopying, recording or other means, without the prior express
written permission of the Company.
Company
hereby grants you the right to access and use the Site only for
your personal and non-commercial use. You may not use the Site
for commercial purposes or in any way that is unlawful, or harms
us or any other person or entity, as determined in our sole
discretion.
You may post/share
links/images/text content on the site on social platforms like
Facebook, Twitter, Google+, Pinterest, with appropriate link-back
to the original source.
When the Site provides
for the download of particular Material including a software, you
may download such Material or software to a computer or mobile
device (as applicable) for your personal, non-commercial use
only, provided that you (a) keep intact all copyright and other
proprietary notices, (b) make no modifications to, and do not
rent, lease, loan, sell, distribute, copy (except to create a
single copy for your own back-up purposes), or create any
derivative works based on the Site or the Material including the
software, in whole or in part, and (c) transfer any Material or
software or any part thereof to any other computer of mobile
device. Any commercial or business use of the Site or any
Material including the Software is expressly prohibited.
Except as expressly provided above, nothing contained
herein shall be construed as conferring, by implication, estoppel
or otherwise, any license or right under any patent, trademark or
copyright of the Company.
You acknowledge and
agree that nothing in these terms of use shall have the effect of
transferring the ownership of any copyrights, trademarks, service
marks, trade names or other proprietary rights in the Site or
Material or any part thereof to you or any third party.
PROHIBITED USE
As a condition of your use of the Site, you will not use the Site
for any purpose that is unlawful or prohibited by these Terms of
Use or by any domestic or international laws, statutes,
ordinances and regulations. Your use of site is your sole
responsibility.
You shall not, display, upload,
modify, publish, transmit, update or share any information on the
Site, that -
belongs to another person and to which you do not have
any right;
is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of
another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner;
involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing or "spamming" or
unsolicited commercial advertisement;
harm minors in any way;
infringes any patent, trademark, copyright or other
proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of
such messages or communicates any information which is grossly
offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer resource;
USE OF PUBLIC FORUM
Certain sections or pages of the Site contain a provision (like
have your say or GameClimax chat) hereinafter referred to as
("Public Forum") for the users to post or upload comments,
feedback, data, links, videos, audios, graphics, images, messages
and other material ("User Content"). Through the Public Forum you
can communicate with other users of the Site.
You
are entirely responsible for all the User Content that you
upload, post, email, transmit or otherwise make available on the
Public Forum. You understand that such User Content can be viewed
by other users of the Site and therefore you shall exercise due
care to ensure that such User Content does not offend or abuse
other users of the Site. Company does not control the User
Content posted on the Public Forum and, as such, does not
guarantee the accuracy, integrity or quality of such User
Content. You understand that by using the Site, you may be
exposed to User Content that is offensive, indecent or
objectionable. Under no circumstances will Company be liable in
any way for any User Content, including, but not limited to, for
any errors or omissions in any User Content, or for any loss or
damage of any kind incurred as a result of the use of any User
Content posted, emailed, transmitted or otherwise made available
on the Site.
When you post or upload Your
Content on the Site, you grant Company (and its licensees,
distributors, agents, representatives and other authorised
users), the rights a perpetual, royalty-free, non-exclusive, and
irrevocable right and license to reproduce, prepare derivative
works based upon, distribute, perform or display such User
Content, in whole or in part, in any form, media or technology
known or hereafter developed.
User Content
posted by you shall be subject to relevant laws and may be
disabled, or and may be subject to investigation under
appropriate laws. You agree that the Company may disclose or
preserve User Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) respond to
claims that any User Content violates the rights of
third-parties; or (c) protect the rights, property, or personal
safety of the Company and the public. Furthermore, if you are
found to be in non-compliance with the laws and regulations,
these Terms of Use, or the Privacy Policy of the Site, we may
terminate your account/block your access to the Site and we
reserve the right to remove any of User Content that is
non-compliant with these Terms of Use.
You
agree that Company has no liability or responsibility for the
storage or deletion of any User Content and reserves the right to
change its general practices and limits at any time in its sole
discretion, with or without notice.
COPYRIGHT AND TRADEMARKS
Unless otherwise stated, copyright and all intellectual property
rights in all Materials on the Site (including but not limited to
text, audio, video or graphical images, or technology, the look
and feel of the Site), trademarks and logos appearing on this
Site are the property of the Company and are owned and controlled
by us or by other parties that have licensed their material to
us. Materials on the Site are solely for your personal,
non-commercial use. You must not copy, reproduce, republish,
upload, post, transmit or distribute such material in any way,
including by e-mail or other electronic means and whether
directly or indirectly and you must not assist any other person
to do so. Without the prior written consent of the owner,
modification of the Materials, use of the Materials on any other
web site or networked computer environment or use of the
Materials for any purpose other than personal, non-commercial use
is a violation of the copyrights, trademarks and other
proprietary rights, and is prohibited. Any use for which you
receive any remuneration, whether in money or otherwise, is a
commercial use for the purposes of this clause. You agree not to
use any framing techniques to enclose any trademark or logo or
other proprietary information of Company or remove, conceal or
obliterate any copyright or other proprietary notice or any
credit-line or date-line on other mark or source identifier
included on the Site, including without limitation, the size,
colour, location or style of all proprietary marks. Any
infringement shall be vigorously defended and pursued to the
fullest extent permitted by law.
We respect
other people's intellectual property rights and if you believe
that any content or material on the Site infringes on your
intellectual property rights you can write to us at
[email protected].
DISCLAIMER
The Site, all the Materials and products (including but
not limited to software) and any services, included on or
otherwise made available to you through this Site are gathered
from a variety of sources and are intended solely as general
information and provided on "as is" and "as available" basis
without any representation or warranties, express or implied
except otherwise specified in writing. They do not constitute
advice and should not be relied upon in making (or refraining
from making) any decision. Any specific advice or replies to
queries in any part of the Site is/are the personal opinion of
such experts/consultants/persons and does not constitute or
indicate our endorsement, representation or warranty of such
information and are not subscribed to by this Site. Without
prejudice to the forgoing paragraph, Company does not warrant
that:
The Site will be constantly available, or available at
all; or
The information on the Site is complete, legal, true,
accurate or non-misleading.
LINKS
Company may establish on the Site a hypertext link to a
third party website from time to time. Such link is provided for
information and convenience of the users and does not state or
imply any sponsorship or endorsement of third party website by
Company. Company has no control over such third party website and
your use of such third party website or any offsite dealings with
such third parties is at your own risk.
USE OF GOOGLE ANALYTICS
The Site uses Google Analytics, a web analytics service
provided by Google, Inc. ("Google"). Google Analytics uses
"cookies", which are text files placed on your computer, to help
the website analyse how users use the site. The information
generated by the cookie about your use of the Site (including
your IP address) will be transmitted to and stored by Google on
servers in the United States. Google will use this information
for the purpose of evaluating your use of the Site, compiling
reports on website activity for website operators and providing
other services relating to website activity and Internet usage.
Google may also transfer this information to third parties where
required to do so by law, or where such third parties process the
information on Google's behalf. By using this website, you
consent to the processing of data about you by Google in the
manner and for the purposes set out above.
ADVERTISING MATERIAL
Some part of the Site may contain advertising
information or promotion material or other material submitted to
Company by third parties. Responsibility for ensuring that the
material submitted for inclusion on Site complies with applicable
law is exclusively on the party providing the
information/material. Your correspondence or business dealings
with, or participation in promotions of advertisers or including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between You and such advertiser.
Company will not be responsible or liable for any claim, error,
omission, inaccuracy in advertising material or any loss or
damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Site.
Company reserves the right to omit, suspend or change the
position of any advertising material submitted for insertion.
INTERNATIONAL USE
This Site is controlled and operated from within India.
Company makes no representation that the Site is appropriate or
available in locations outside of India. Those who choose to
access the Site from other locations do so at their own risk and
are responsible for compliance with applicable laws.
LIMITATION OF LIABILITY
YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY
DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF SITE,
EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY
OF SUCH DAMAGES.
INDEMNITY
You agree to indemnify, defend and hold Company, its
officers, directors, employees, affiliates or representatives
harmless from any claim or action (including legal expenses)
arising out your use of the Site, your breach of the Terms of Use
and violation of any third party intellectual property rights or
privacy.
APPLICABLE LAW
This Agreement shall be governed by and interpreted and
construed in accordance with the laws of India. The place of
jurisdiction shall be exclusively in Bangalore. Notwithstanding
the foregoing, we reserve the right to pursue any action or claim
against you in any court of competent jurisdiction which we
believe is the most appropriate to seek any relief.
ENTIRE AGREEMENT
The Terms of Use and Privacy Policy, as amended from
time to time, constitute the entire agreement between you and
Company. If any provision of these Terms of use is considered
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and
shall not affect the validity and enforceability of any remaining
provisions.
CHANGES OF TERMS OF USE
We reserve the right, to modify these Terms of Use at
any time. Any changes to Terms of Use will be posted on the Site
and your continued use of the Site following a posting of changes
is your agreement to the changes and you are bound by the
then-current version of these Terms of Use. If any changes to
these Terms of Use are unacceptable to you, you must discontinue
use of the Site. We reserve the right to suspend or deny, in our
sole discretion, your access to all or any portion of the Site,
including for any violation of any provision of these Terms of
Use. We also reserve the right to change the Site without notice
to you, at any time.
RELATIONSHIP
None of the provisions of the Terms of Use shall be
deemed to constitute a partnership or agency between you and
Company and you shall have no authority to bind Company in any
manner, whatsoever. If you are registering on the Site as a
business entity, you represent that you have the authority to
bind the entity to this Agreement.
TERMINATION
We reserve the right, at our discretion, to immediately, with or
without notice, suspend or terminate your registration, the Terms
of Use, and/or your access to all or a portion of the Site and/or
remove any registration information or User Content from the
Site, for any reason. Upon termination or expiration of the Terms
of Use, your obligations and Company's rights and disclaimers
survive, but your right to use the Site immediately ceases. Any
express waiver or failure to exercise promptly any right under
the Terms of Use will not create a continuing waiver or any
expectation of non-enforcement.
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