END-USER LICENSE AGREEMENT
Last updated: 24th Feb 2023
Please read this End-User License Agreement (“Agreement”)
carefully before clicking the "I Agree" button, downloading or using Bull
Bash.
Acknowledgment
This Agreement is a legal document between You and the Company, and it
governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use
strictly in accordance with the terms of this Agreement.
By accessing or using the Application You agree to be bound by this
Agreement and the Privacy Policy. If You disagree with any part of this
Agreement, then You may not access the Application. Before accessing or
using the Application, you must agree to this Agreement. A guest account
may be created for you for the use of the Application and you may also be
required to register an account on the Application (collectively
"Account"). These Accounts include, for example, game
Accounts and Your e-mail ID. To create an Account, You must be over the
age of 18 or subject to laws and regulations of Your country, if You are
not over the age of 18, You represent that Your use of the Service is with
the consent of Your legal guardian. You may not create an Account or use
the Service on behalf of any other person or legal entity for a commercial
purpose
Your access to and use of the Application is also conditioned on Your
acceptance of and compliance with the Privacy Policy of the Company. Our
Privacy Policy describes Our policies and procedures on the collection,
use and disclosure of Your personal information when You use the
Application and tells You about Your privacy rights and how the law
protects You. Please read Our Privacy Policy carefully before using Our
Application.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE APPLICATION, YOU AGREE TO
THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT
INSTALL, USE OR OTHERWISE ACCESS THE APPLICATION. USE OF THE APPLICATION
IS VOID WHERE PROHIBITED.
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Interpretation and Definitions
- Interpretation
The words of which the initial letter is capitalized have meanings
defined under the following conditions. The following definitions
shall have the same meaning regardless of whether they appear in
singular or in plural.
- Definitions
For the purposes of this End-User License Agreement:
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Affiliate means an entity that controls, is
controlled by or is under common control with a party, where
"control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of
directors or other managing authority.
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Agreement means this End-User License Agreement
that forms an agreement between You and the Company regarding the
use of the Application
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Application means the software program, named ‘Bull
Bash’, provided by the Company downloaded by You to a compatible
Device.
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Company (referred to as either "the
Company", "We",
"Us" or "Our" in this Agreement)
refers to Stoughton Street Tech Labs Private Limited, B/202 Shakti Sadan, Bldg. No. 14Kher Nagar,Near Provident Fund Office, Bandra(East), Mumbai, Bandra, Maharashtra, India, 400051
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Device means any device that can access the
Application such as a computer, a cellphone or a digital tablet.
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Third-Party Services means any services or content
(including data, information, applications and other products
services) provided by a third-party that may be displayed, included
or made available by the Application.
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User Content refers to content such as text,
images, or other information that can be posted, uploaded, linked to
or otherwise made available by You, regardless of the form of that
content.
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You means the individual accessing or using the
Application or the company
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License
- Scope of License
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The Company grants You a personal, revocable, non-exclusive,
non-transferable, limited license to download, install and use the
Application strictly in accordance with the terms of this Agreement
read with the Terms of Service.
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The license granted to You is subject to the following restrictions:
(a) You may not modify, decompile, reverse engineer, or create
derivative works based on the Application; (b) You may not use the
Application for any commercial purposes; (c) You may not distribute
the Application or make it available over a network where it could
be used by multiple devices at the same time; (d) You may not remove
or alter any proprietary notices or labels on the Application.
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Ownership
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The Application and all intellectual property rights therein,
including but not limited to copyrights, trademarks, trade secrets,
and patents, are owned by the Company Name or its licensors and are
protected by applicable laws.
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You acknowledge that the Application is licensed, not sold, to you and
that you have no right, title, or interest in the Application except
as expressly set forth in this Agreement.
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The Company owns, has licensed, or otherwise has rights to use all of
the content that appears in the Application. Notwithstanding any
provision to the contrary herein, You agree that You have no right or
title in or to any content that appears in the Application, including
without limitation the virtual items, content, features, goods,
services or currency appearing or originating in the Application,
whether earned in a game or purchased from the Company, or any other
attributes associated with an Account or stored on the Application.
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Unless otherwise agreed to in a written agreement between You and the
Company that was signed by an authorized representative of Company, by
broadcasting, publishing, posting, displaying, submitting and/or
uploading any User Content in connection with the Services, You grant
to the Company and its sub-licensees a royalty-free, perpetual,
irrevocable, non-exclusive and fully sub-licensable license, without
any territorial or time limitations and without requiring any
approvals and/or compensations, to use, copy, modify, adapt, publish,
translate, edit, dispose, create derivative works of, distribute,
perform and publicly display such User Content (in whole or in part),
and/or incorporate such User Content into existing or future forms of
work, media or technology.
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Third-Party Services
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The Application may display, include or make available third-party
content (including data, information, applications and other products
services) or provide links to third-party websites or services
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You acknowledge and agree that the Company shall not be responsible
for any Third-party Services, including their accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality
or any other aspect thereof. The Company does not assume and shall not
have any liability or responsibility to You or any other person or
entity for any Third-party Services.
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You must comply with applicable third parties' terms of agreement when
using the Application. Third-party Services and links thereto are
provided solely as a convenience to You and You access and use them
entirely at your own risk and subject to such third parties' terms and
conditions.
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Term and Termination
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This Agreement shall remain in effect until terminated by You or the
Company. The Company may, in its sole discretion, at any time and for
any or no reason, suspend or terminate this Agreement with or without
prior notice.
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This Agreement will terminate immediately, without prior notice from
the Company, in the event that you fail to comply with any provision
of this Agreement. You may also terminate this Agreement by deleting
the Application and all copies thereof from your Device or from your
computer.
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Upon termination of this Agreement, You shall cease all use of the
Application and delete all copies of the Application from your Device.
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Termination of this Agreement will not limit any of the Company's
rights or remedies at law or in equity in case of breach by You
(during the term of this Agreement) of any of your obligations under
the present Agreement.
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Indemnification
You agree to indemnify, defend and hold the Company and its parents,
subsidiaries, Affiliates, officers, employees, agents, partners and
licensors (if any) harmless from any claim or demand, including
reasonable attorneys' fees, due to or arising out of your: (a) use of
the Application; (b) violation of this Agreement or any law or
regulation; or (c) violation of any right of a third party
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No Warranties
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The Application is provided to You "AS IS" and "AS AVAILABLE" and with
all faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, the Company, on its own behalf
and on behalf of its Affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the
Application, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of
performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes
no representation of any kind that the Application will meet your
requirements, achieve any intended results, be compatible or work with
any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be
error free or that any errors or defects can or will be corrected.
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Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Application, or the information, content, and materials or products
included thereon; (ii) that the Application will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any
information or content provided through the Application; or (iv) that
the Application, its servers, the content, or e-mails sent from or on
behalf of the Company are free of viruses, scripts, trojan horses,
worms, malware, timebombs or other harmful components.
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Limitation of Liability
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Notwithstanding any damages that You might incur, the entire liability
of the Company and any of its suppliers under any provision of this
Agreement and Your exclusive remedy for all of the foregoing shall to
discontinue the use of the Application. In any event, the liability of
the Company for any and all claims relating to the Application shall
not exceed the total payments that may have been made by You in the
past 1 (one) months immediately preceding the event giving rise to the
dispute.
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To the maximum extent permitted by applicable law, in no event shall
the Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or
inability to use the Application, third-party software and/or
third-party hardware used with the Application, or otherwise in
connection with any provision of this Agreement), even if the Company
or any supplier has been advised of the possibility of such damages
and even if the remedy fails of its essential purpose.
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Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
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Product Claims
The Company does not make any warranties concerning the Application.
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Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or
replace this Agreement at any time. By continuing to access or use the
Application after any revisions become effective, You agree to be bound
by the revised terms. If You do not agree to the new terms, You are no
longer authorized to use the Application.
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Governing Law
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This Agreement shall be governed by the laws of India and subject to
the jurisdiction of the courts of New Delhi.
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If You have any concern or dispute about the Application, You agree to
first try to resolve the dispute informally by contacting the Company
at the email address provided below. In the event the same is not
amicably resolved within 90(ninety) days, any such dispute,
controversy, or claim arising out of or relating to this Agreement, or
the breach, termination, enforcement, interpretation, or validity
thereof, shall be resolved by arbitration under a single arbitrator in
accordance with the Indian Arbitration and Conciliation Act, 1996. The
place of arbitration shall be New Delhi and the language of the
arbitration shall be English. The award rendered by the arbitrator
shall be final and binding on the parties.
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Miscellaneous
- Entire Agreement
This Agreement, Terms of Service alongwith the Privacy Policy and any
communications from the Company to You from time to time, constitutes
the entire agreement and understanding between You and the Company and
supersedes any other agreement, document or understanding. In the
event of any inconsistency between this Agreement and Terms of
Service, the Terms of Service shall prevail to the extent of such
inconsistency.
- Additional Terms
You may be subject to additional terms and conditions that apply when
You use or purchase other Company's services, which the Company will
provide to You at the time of such use or purchase.
- Severability
If any provision of this Agreement is held to be unenforceable or
invalid, such provision will be changed and interpreted to accomplish
the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full
force and effect.
- Notices
All notices and communications from You to the Company in relation to
the Application (including those termination of any of the Application
etc.) shall be in writing. Notice shall be deemed to have been served
48 (forty eight) hours after it has been sent, dispatched, displayed,
as the case may be, unless, where notice has been sent by email, it
comes to the knowledge of the sending party, that the email address is
invalid.
- Waiver
Except as provided herein, the failure to exercise a right or to
require performance of an obligation under this Agreement shall not
effect a party's ability to exercise such right or require such
performance at any time thereafter nor shall the waiver of a breach
constitute a waiver of any subsequent breach.
- Equitable Remedies
Without prejudice to any other rights or remedies that Company may
have, You acknowledge and agree that compensation by way of damages
alone would not be an adequate remedy for any breach of this Agreement
by You, because Company would suffer irreparable losses if You breach
this Agreement. Accordingly, You agree that Company shall be entitled
to the remedies of an injunction, specific performance or any other
equitable remedy, in addition to any other remedies available to it
under the applicable law. For the avoidance of doubt, Company shall be
entitled to an injunction, specific performance or any other equitable
remedy without bond, other security or proof of losses.
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Contact Us
If you have any questions about this Agreement, You can contact Us: