TERMS OF SERVICE

Last updated: 24th Feb 2023

Please read these terms and conditions carefully before using Our Service.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service 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 of Service, the End User License Agreement and the Privacy Policy. If You disagree with any part of these Terms of Service then You may not access the Service. Before accessing or using the Service, including browsing any Company website, you must agree to these Terms of Service. A guest account may be created for you for the use of the Service and you may also be required to register an account on the Service (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 Service 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 Service.

Company may provide updates, patches and other modifications to the Service that must be installed by you to continue to use the Service properly or at all. Company may update, patch or modify the Service remotely and access the Service residing on your machine for such purpose, and you hereby grant to Company the right to deploy and apply such patches, updates and modifications. All provisions of these Terms that refer to the Service shall also include all such patches, updates and modifications.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

  1. Interpretation and Definitions

    1. Interpretation
    2. 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.


    3. Definitions
    4. For the purposes of these Terms of Service:

      1. Application means the respective software program provided by the Company downloaded by You on any compatible Device from an Application Store.

      2. Application Store means the digital distribution service operated and developed by Google LLC. (Google Play Store) and/or Apple Inc. (Apple Store) from which the Application has been downloaded.

      3. 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.

      4. 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

      5. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

      6. Service refers to the Application.

      7. Terms of Service (also referred as "Terms") mean these Terms of Service that form an agreement between You and the Company regarding the use of the Service.

      8. You means the individual accessing or using the Service.

  2. Use of Service

    1. Using the Service


    2. Use Limitations:

  3. User Content

    1. Submission of User Content

    2. Content Screening

    3. User Interactions
    4. You are solely responsible for Your interactions with other users of the Service and any other parties with whom You may interact with through the Service. Company reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Company to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Company access to any password-protected portions of your Account. If You have a dispute with one or more users, You release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  4. Fees and Purchase Items

    1. Purchases

    2. Payment of Fees

  5. Ownership

    1. Games and Service
    2. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using the Company server software) are owned by the Company. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

    3. Accounts
    4. NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.

    5. Virtual Content
    6. The Company owns, or has licensed, or otherwise has rights to use all of the content that appears in the Service. 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 Service, including without limitation the Virtual Items, content, features, goods, services or currency appearing or originating in the Service, whether earned in a game or purchased from the Company, or any other attributes associated with an Account or stored on the Service.

  6. Links to Other Websites

    1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

    2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

    3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

  7. Termination and Suspension

    1. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

    2. WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 6(SIX) MONTHS. UPON TERMINATION, YOUR RIGHT TO USE THE SERVICE WILL CEASE IMMEDIATELY.

    3. We reserve the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point Your right to use the Service or a part thereof will be automatically terminated. In such event, We shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of Your Account can include disabling Your access to the Service or any part thereof including any content You submitted, or others submitted. You may terminate Your Account at any time and for any reason.

  8. Limitation of Liability and Indemnity

    1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be to discontinue the use of the Service. In any event, the liability of the Company for any and all claims relating to the Service shall not exceed the total payments that may have been made by You in the past 1 (one) month immediately preceding the event giving rise to the dispute.

    2. 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 Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), 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.

    3. You agree that You will indemnify, defend and hold harmless the Company, its partners, Affiliates, contractors, licensors, officers, directors, employees, and will defend, protect, indemnify and hold harmless to Company from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorneys’ fees) arising directly or indirectly out of or in conjunction with Your acts or omissions including use, or misuse of the Service and breach by You of these Terms. Company reserves the right to assume exclusive defense and control over all matters subject to indemnification by users.

  9. "AS IS" and "AS AVAILABLE" Disclaimer

    1. The Service 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 Service, 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 Service will meet Your requirements, be available without interruption(s), 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. Additionally, the Service may not be available depending on geographical location.

    2. 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 Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, 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

    3. 3.It is expressly clarified that the Company is not responsible for: (a) any action of a telecommunications provider to cease or fail to provide the telecommunication service; (b) any unavoidable reasons that caused Service failure, such as maintenance, replacement, regular inspection, construction, etc. save in respect of intentional or material negligence of the Company; (c) any problems caused by Your Device or problems related to the network environment; (d) the information, data, facts, reliability, accuracy, etc. posted or transmitted by Your or a third party in the Service or on the official website of the Company; (e) Your interactions with other users and/or third parties when using the Service; (f) anything which is the responsibility of a third party (unless they are under the direction and control of the Company); (g) when Your fail to receive the results You expect of the Virtual Items and the Company is not responsible for any loss involved when making selections or using the Service; (h) loss of the Virtual Items; or (i) circumstances in which the Company limits the use of Service in accordance with the relevant laws and/or government policies.

  10. Governing Law
  11. The Terms shall be governed in accordance with the laws of India and any disputes arising out of or in connection with the Terms shall be subject to exclusive jurisdiction of courts in New Delhi.

  12. Dispute Resolution
  13. If You have any concern or dispute about the Service, 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 Terms, 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.

  14. Miscellaneous

    1. Entire Agreement
    2. These Terms, along with the Privacy Policy, the End User License Agreement 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 these Terms and End User License Agreement, the Terms of Service shall prevail to the extent of such inconsistency.

    3. Severability
    4. If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of the Terms shall continue to be in full force and effect.

    5. Notices
    6. All notices and communications from You to the Company in relation to the Service (including those termination of any of the Service 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.

    7. Equitable Remedies
    8. 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 these Terms by You, because Company would suffer irreparable losses if You breach these Terms. 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.

    9. Assignment
    10. The Company may assign or delegate these Terms, EULA and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms, EULA and/or Privacy Policy without Company’s prior written consent, and any unauthorized assignment and delegation by You is ineffective.

    11. Waiver
    12. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms 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.

  15. Changes to These Terms of Service
  16. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

  17. Contact Us
  18. If You have any questions about these Terms of Service, You can contact us at: