Term Of Use
Term Of Use
END USER LICENSE AGREEMENT
THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS APPLICATION ("YOU" OR "CUSTOMER") AND GAMENEXA STUDIO PVT. LTD. (hereinafter referred to as GAMENEXA OR WE/OUR/US). BY INSTALLING AND USING THE APPLICATION, YOU AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE APPLICATION. BY INSTALLING AND/OR USING THE APPLICATION, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE APPLICATION AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE APPLICATION.
ALL TRADEMARKS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS AND WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION IN RELATION TO THE NAMES CONTAINED WITHIN THE WORLD CRICKET CHAMPIONSHIP SERVICES INCLUDING WITHOUT LIMITATION THE NAMES OF ANY PLAYER, TEAM, STADIUM, COMPETITION, ORGANISATION OR ASSOCIATION. THIS DATA IS USED SOLELY FOR THE PURPOSES OF INFORMATION RELATED TO THE SPORT AND ALL SUCH USE IS INTENDED TO BE INCIDENTAL TO THE OPERATION OF THIS SOFTWARE PRODUCT. NO PLAYER, TEAM, ASSOCIATION OR ORGANISATION ENDORSES OR IS ASSOCIATED OR CONNECTED WITH THIS SOFTWARE PRODUCT IN ANY WAY AND WE MAKE NO REPRESENTATION OF ANY SUCH ENDORSEMENT, ASSOCIATION OR CONNECTION; NO IMAGE OR LIKENESS OF ANY PLAYER, CLUB, ASSOCIATION OR ORGANISATION IS USED AND ANY SIMILARITY WITH ANY GRAPHICAL ELEMENT OF THIS SOFTWARE PRODUCT IS CO-INCIDENTAL. ALL STATISTICS CONTAINED WITHIN THE DATA ARE RESEARCHED OR COMPUTER GENERATED AND INTENDED TO BE IMPARTIAL. THEY ARE NOT INTENDED TO BE A TRUE REFLECTION OF THE ABILITIES OR PERFORMANCES OF ANY INDIVIDUAL PLAYER BUT A COMPUTERISED INTERPRETATION OF DATA GIVEN TO IT OR GENERATED BY IT. IN THE EVENT THAT ANY PLAYER, TEAM, ASSOCIATION OR ORGANISATION HAS ANY OBJECTION TOWARDS THEIR INCLUSION IN THIS SOFTWARE PRODUCT AS REFERENCES, PLEASE NOTIFY US AT Gamenexastudio@gmail.com WHEREUPON WE SHALL ACT REASONABLY IN ADDRESSING ANY LEGITIMATE CONCERNS. WORLD CRICKET CHAMPIONSHIP HAS USED REASONABLE EFFORTS TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
1.1. For the purposes of interpretation, the following terms shall have the meaning assigned to them herein: a. ‘You’ refers to any person, whether natural or juristic, who uses the Licensed Product(s) of Gamenexa by accepting the Terms and Conditions b. ‘Party’ shall mean either You or Gamenexa based upon the context in which it is used and ‘Parties’ shall mean both You and Gamenexa based upon the context in which it is used. c. ‘Service(s)’ shall include all such services, operations and functionality of the Licensed Product(s). d. ‘License Key’ refers to the activation/promotion code provided by Gamenexa which shall be specificed to You when the Product is purchased by You for installation on Your system. e. ‘Licensed Product(s)’ shall mean the Application, website, platform, portals, data, instructions and any other materials including but not limited to clip-art, pictures, animations and data of like nature provided to You by Gamenexa to provide Service(s), the license for use of which is granted under this Terms and Conditions. f. ‘Intellectual Property’ shall mean any invention, creation, work, design, Confidential Information, Product(s) and so on which have been acquired, are in the process of being acquired or capable of being acquired as patents, copyrights, trademarks, trade secrets or other types of Intellectual Property. g. ‘Work(s)’ shall mean the literary, dramatic or artistic works, sound recording or a cinematograph film including but not limited to comic strips, images, presentations, animations and other works of like nature, created by You using the Licensed Product(s) and Service(s). h. ‘Confidential information’ shall mean any electronic, written or oral information, including and not limited to the Your transaction details, business details, Your information, technical and scientific information, research related information and so on, which is disclosed by You to Gamenexa. ‘Confidential Information’ shall not include: i. The information which is in the public domain or comes into the public domain otherwise than by disclosure or default by Gamenexa; or ii. The information which was or is lawfully obtained or available from a third party who was lawfully in possession of the same and free to disclose it; or iii. the information, which was already known to Gamenexa and has been received from a source other than You.
2. Licensed Rights
3.1. Gamenexa hereby agrees that it will- (i) use Confidential Information only for the purpose of providing Service(s) associated with Licensed Product(s) to You and for no other purpose; and (ii) keep the Confidential Information confidential. 3.2. Gamenexa will not disclose any Confidential Information to any third party, including and not limited to the companies or entities, which form part of the same group of companies as that of Gamenexa. 3.3. Gamenexa will not disclose any Confidential Information to any third party, except to authorized employees or other agents of Gamenexa who need to have access to the Confidential Information for the purpose of carrying out their duties in connection with the Service(s) associated with the Licensed Product(s). Gamenexa further endeavours to ensure that such employees, agents and consultants will be bound by instruments of confidentiality, which are at least as stringent as this Terms and Conditions and such instruments survive the termination of the employment, agency or consultancy agreement; 3.4. You agree that Gamenexa may disclose any and all Confidential Information pertaining to You including but not limited to Your account history, account use, etc. to any law enforcement agent when Gamenexa is bound by any law or when such request is made by a Court without further consent or notification to the User.
4.1. Gamenexa hereby grants You the rights to use the Licensed Product(s) and associated Service(s) in accordance with the terms described herein below. The license is granted only for the following purposes: i. To provide Service(s) by GAMENEXA with respect to the Licensed Product(s); ii. To provide Service(s) by Gamenexa through the Licensed Product(s); iii. To install and maintain a copy of the Licensed Product(s) on Your system/device(s) during the subsistence of the License; and iv. to use the Licensed Product(s) and Service(s) to create Work(s); The License Product(s) and Service(s) shall not be used for any other purpose whatsoever. 4.2. The license granted hereby is non-exclusive and non-transferable. You shall not copy, modify, distribute or deal with it in a manner that is inconsistent with the rights of Gamenexa. The license granted hereunder will enable You to only to use the Licensed Product(s) in connection with the purposes for which the Licensed Product(s) has been provided by Gamenexa. 4.3. You shall not attempt to Reverse Engineer, Decompile or Descramble or use the Licensed Product and/or Service(s) in any manner to understand the process, structure or working of the Service(s) associated with the Licensed Product(s). 4.4. The License provided hereunder shall not extend to provision of Service(s) associated with the Licensed Product(s) to third parties by You. Nothing in this Terms and Conditions shall authorise You to provide any service(s) to third parties on the basis of the Service(s) associated with the Licensed Product(s) of Gamenexa without the prior written consent of Gamenexa. 4.5. The License provided hereunder in association with the License Key shall not be disclosed or transferred to any other individual other than You without prior written permission from Gamenexa. 4.6. You hereby grant an unconditional, non-exclusive, royalty free license to Gamenexa to use all its information and other data provided on the Licensed Product and associated Service(s) of Gamenexa for the purposes of enabling Gamenexa to fulfil its obligations. 4.7. Notwithstanding anything contained hereunder or under any other document, whether executed in the past, present or future, the License granted hereunder and Gamenexa’s ownership on the Licensed Product(s) and associated Service(s) shall not, be in any way deemed to be affected or altered. 4.8. The License Key provided by Gamenexa shall identify You to whom the License is granted under this Terms and Conditions and the same cannot be transferred or used by any other individual other than You. 4.9. You must follow the directions provided by Gamenexa’s Support Center to resolve technical problems and You must follow the operating instructions and procedures for the Licensed Product(s) as specified in the documentation or provided by Gamenexa and You must notify Gamenexa of any error or other problem in the Licensed Product(s) using Gamenexa’s current problem reporting procedure. 4.10. The Licensed Product(s) may communicate with Gamenexa’s servers for the purpose of providing Application updates, detecting Application piracy and verifying that you are using the Licensed Product(s) in conformity with the applicable License Key for such Licensed Product(s). Gamenexa will use information gathered in connection with this process to deliver Application updates and pursue Application pirates and infringers
5. User Content
5.1. Gamenexa may make available the ability to post Your Work in the form of profiles, photos, videos, blogs, forum messages and comments and emails to other Users. 5.2. You have permission to publish and/or make available to others, the Work(s) created by you, on our website, portal and/or other public platforms including social networking platforms, unless such permission is otherwise specifically declined by Gamenexa. 5.3. You are solely responsible for any and all Work You post. 5.4. By posting Work to our portal, platform or website, You automatically grant, to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Work for any purpose on or in connection with our Services, to prepare derivativatives of, or incorporate into other works, such Work including without limitation, the text, scripts, graphics, photos, interactive features and the like and any trademarks, service marks and logos contained therein, and to grant and authorize sublicenses of the foregoing. 5.5. You shall not use the Licensed Product(s) and Service(s) to create any Work which contains nudity or is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. You agree not to use vulgar, abusive or hateful language. You acknowledge that any Submissions (e.g. site questions, feedback) may be reproduced, published, transmitted and displayed by Gamenexa in any manner. 5.6. While we do not and cannot review all Work submitted by You of our Services or Content, and are not responsible for the content of any of this material, Gamenexa reserves the right to delete, move or edit Work that Gamenexa, in its sole discretion, deem is in violation of the law (including trademark and copyright law), or these terms and conditions, or is abusive, defamatory, obscene, pornographic or otherwise unacceptable in the sole discretion of Gamenexa. 5.7. In connection with User Submissions, you further agree that you will not: i. submit material that is copyrighted, protected, owned or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Gamenexa all of the license rights granted herein; ii. publish falsehoods or misrepresentations that could damage Gamenexa or any third party; iii. post advertisements or solicitations of business; 5.8. Gamenexa reserves the right to terminate a User account if in its sole discretion, it is deemed that User has violated the terms and conditions of this agreement.
6. Accuracy of Information
6.1. You shall be responsible for the correctness and accuracy of information provided by You to Gamenexa. You shall provide correct and accurate information to Gamenexa at all times and shall update the same regularly. 6.2. Gamenexa shall reserve the right to discontinue the Service(s) with respect to accounts with false or inaccurate information without any notice to You.
7. Communication by Gamenexa
7.1. You understand that it is important for Gamenexa to keep You updated about the latest information with respect to the Licensed Product(s), associated Service(s) and other information. You hereby expressly consents and authorises Gamenexa to make any and all communications by all possible modes of communication.
8. Use of Beta Service(s)
9. Data Ownership
9.1. Pre-existing Data: You acknowledge that, the Licensed Product(s), Service(s), Application and related processes, instructions, methods, and techniques, art works, sounds, animations and other properties of like nature that have been previously developed by Gamenexa (collectively called the “Pre-existing Data”) and that same shall remain the sole and exclusive property of Gamenexa. 9.1.1. Your Data: Your information, or any derivatives thereof, inserted by you in any of Gamenexa’s Service(s), Licensed Product(s) or repository shall be and remain the sole and exclusive property of You. You hereby grant a license on Your Data to Gamenexa for the sole and exclusive purpose of providing the Service(s) associated with the Licensed Product(s), which License shall include the rights to store, record, transmit, maintain, and display Your Data to the fullest extent necessary in the provisioning of the Service(s) associate with the Licensed Product(s). It shall be Your sole duty to take regular backups of the Your Data. Gamenexa makes no warranty of whatsoever nature on the availability of the Your Data after deletion of account or discontinuation of Service(s) by expiry or termination. 9.2. No License: Except as expressly set forth under this Agreement, no license is granted by either Party to the other with respect the Confidential Information, Pre-existing Data or Your Data. Nothing in this Terms and Conditions shall be construed to grant to either Party any ownership or other interest, in the Confidential Information, Pre-existing Data, or Your Data, except as may be provided under a license specifically applicable to such Confidential Information, Pre-existing Data, or Your Data. 9.3. The provisions of this Section shall survive the termination of this Terms and Conditions.
10. Your Representations and Warranties
10.1. You represent and warrant to Gamenexa that- 10.1.1. You have full power to agree to this Terms and Conditions, 10.1.2. You have the capability to perform Your obligations under this Terms and Conditions and that You are not under any kind of obligation or encumbrance that prevents the performance of obligations hereunder; 10.1.3. You will not use the Licensed Product(s) and associated Service(s) of Gamenexa for any illegal purpose or for any purpose not contemplated hereunder by the parties.
11. Disclaimer of Warranties
11.1. YOU ARE AWARE THAT THE SERVICE(S) OF GAMENEXA IS NOT IMMUNE FROM RISKS ARISING FROM FACTORS INCLUDING BUT NOT LIMITED TO AVAILABILITY, INDUSTRY AND BUSINESS FLUCTUATIONS, APPLICATION AND OTHER FACTORS. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE(S) IS AT YOUR SOLE RISK. THE SERVICE(S) IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. GAMENEXA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION. GAMENEXA MAKES NO WARRANTY THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM THAT MAY BE CAUSED TO THE COMPUTER SYSTEMS, MOBILES, SERVERS, OR ANY OTHER HARDWARE/APPLICATION DEVICES DUE TO THE USE OF COMPANY’S SERVICE(S). NOTHING IN THIS TERMS AND CONDITIONS OR IN ANY OTHER COMMUNICATION, WHETHER WRITTEN OR ORAL, MADE BY GAMENEXA OR ITS REPRESENTATIVES, SHALL CONSTITUTE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
12. Term and Termination
12.1. Gamenexa may terminate the License if- i. The User uses the License for illegal purpose or for purposes other than those contemplated hereunder. ii. Except in cases of paid subscription, the Services at anytime, without assigning any reason and notice. 12.2. Provisions relating to Intellectual Property and Confidentiality shall survive the expiration or termination of the Agreement.
13. Intellectual Property
13.1. Each Party acknowledges that any Intellectual Property of a Party existing prior to the Commencement of Service(s) associated with the Licensed Product(s) shall remain the exclusive property of such Party. Nothing under this Agreement shall give rise to transfer of any Intellectual Property in the Licensed Product(s) or associated Service(s) from Gamenexa to You. 13.2. All rights over the Intellectual Property of the Licensed Product(s), Service(s) Work including without limitation, the text, scripts, graphics, photos, interactive features and the like and the trademarks, service marks and logos contained therein and any derivative Work created therefrom shall exclusively remain with that of Gamenexa. Nothing in this Agreement shall be construed to effect transfer of any rights of whatsoever nature on the Licesned Product(s) or associated Service(s) of Gamenexa.
14. Limitation Of Liability
14.1. Notwithstanding any other provision set forth herein, Gamenexa shall not be liable for any indirect, special, and/or consequential damages, arising out of or in connection with the Service(s) associated with the Licensed Product(s); provided, however, that the foregoing limitation of liability shall not apply with respect to damages incurred as a result of the gross negligence or wilful misconduct of Gamenexa. 14.2. In particular Gamenexa shall not be liable for: 14.2.1. The nature of data that You provide on the Service(s) associated with the Licensed Product(s) and/or the nature of Your activities using the Service(s) associated with such Licensed Product(s); 14.2.2. any misrepresentation made by You on Gamenexa’s Licensed Product(s) and associated Service(s); 14.2.3. violation of any third party rights of whatsoever nature in any manner by the User; 14.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMENEXA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED PRODUCT(S) AND ASSOCIATED SERVICES OR USE OF THE SUCH SERVICE(S) OR PRODUCT(S) IN A MANNER AND FOR A PURPOSE OTHER THAN THOSE FOR WHICH THE LICENSE IS GRANTED, ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACT OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF GAMENEXA.
15.1. You agree to indemnify, defend and hold the Gamenexa and its Affiliates (including all officers, directors, employees, contractors and agents of the foregoing) harmless from and against any and all damages, liabilities, costs and expenses, including reasonable attorneys' fees and expenses (collectively "Losses") arising out of, incident to, or resulting directly or indirectly from the use of the Licensed Product(s) and associated Service(s) of Gamenexa in a manner inconsistent with this Terms and Conditions.
16. Law, Jurisdiction And Arbitration
16.1. Notwithstanding the location of Gamenexa’s server or You, the construction of this Terms and Conditions shall be determined in accordance with the Indian Contract Act, 1872 and other laws in force in India and shall be subject to the exclusive jurisdiction of the Courts in Hyderabad. 16.2. All disputes arising under or in relation to this Agreement may be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Hyderabad. The arbitration proceedings shall be conducted in English.
17.1. Should any part of this Terms and Conditions be declared illegal or unenforceable, the Parties shall co-operate in all the ways open to them to obtain substantially the same result or as much thereof as may be possible, including taking appropriate steps to amend, modify or alter this Agreement in the light of its objectives. 17.2. If any term or provision of this Terms and Conditions is hereafter declared by a final adjudication of any tribunal or court of competent jurisdiction to be illegal, such adjudication shall not alter the validity or enforceability of any other terms or provisions unless the terms and provisions declared (by any of the Parties)shall be one expressly defined as a condition precedent or as of the essence of this Terms and Conditions, or comprising an integral part of,or inseparable from the remainder of this Terms and Conditions.
18. Assignment And Modification
19. Force Majeure and Act of Third Parties
19.1. The performance of any part of this agreement by Gamenexa shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of Gamenexa or act of any third party beyond the control of Gamenexa including but not limited to hacking, data theft, unauthorised access to Your account, impersonation, fraud, misrepresentation and so on.
I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same.