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 PROVIDED BY THE COMPANY IS VOID WHERE PROHIBITED.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, the Company grants you a non-exclusive, non-transferable, non-sub licensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
• You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors.
• You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by the Company, or previously been banned from playing any game of the Company.
• You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
1.2 Login information and Your Account
You may be required to select a password for your Account, or you may also use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify the Company and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
The Service supports only one Account per game on a supported device.
1.3 User Content
“User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you.
You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
1.4 Acceptable Uses
Any use of the Service outside the ambit of acceptable uses, specified below, is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
• Engage in any act that the Company deems to be in conflict with the spirit or intent of the Service or make improper use of the Company’s support services.
• Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any game or game experience of the Company.
• Modify or cause to be modified any files that are a part of the Service or any game of the Company without the express written consent of the Company.
• Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing the games of the Company. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any game environment of the Company.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by the Company including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behaviour, such as by repeatedly posting information on an unsolicited
• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including employees and customer service representatives of the Company.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an employee of the Company.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any game of the Company, or to obtain any information from the Service or any game of the Company using any method not expressly permitted by the Company.
• Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any game of the Company.
• Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
The Company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. The Company further reserves the right to take such action as it may deem fit, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
2. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
2.1 WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR DENY ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR THE COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. IN THE EVENT OF ACCOUNT TERMINATON OR LIMITATION, YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THE COMPANY SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
2.2 WITHOUT LIMITING OUR OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE COMPANY’S GAMES AND SITES, AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING THE SERVICE IF THE COMPANY BELIEVES THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE COMPANY’S TERMS OR POLICIES. ADDITIONALLY, THE COMPANY MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE YOUR ACCOUNTIF YOU KEEP REPEATING IN INFRINGING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
2.3 THE COMPANY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
2.4 The Company reserves the right to terminate your account if you cheat, hack or misuse the game to promote yourself on the leader boards. In such event you shall be disqualified from the contest and the next player on the leader board shall be declared as the winner.
2.5 The Company reserves 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 license to use the Service or a part thereof will be automatically terminated. In such event, the Company shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinued Service
2.6 Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted, or others submitted.
3.1. Games and Service
The Services are comprised of Content (including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and 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) that are owned or licensed by the Company, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.
So long as you abide by these Terms and any other rules, including the Community Rules and any Feature Terms, you may use the Services subject to these Terms, for your own non-commercial, entertainment purposes. If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY ZYNGA GAME, IS A BREACH OF ZYNGA POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
NOTWITHSTANDING 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.
3.3. Virtual Items
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to the games and the Service, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company.
3.4. Contest Decisions
Any decisions taken by the Company in relation to the winners of the Contest shall be final and binding on all the contestants and no contestant shall be entitled to dispute the same.
4. USER CONTENT
4.1. Submission of User Content
4.1.1. Content Screening
The Company assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.
The Company does not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
The Company reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time the Company chooses, in its sole discretion, to monitor the Service, the Company nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
4.2. Information Use by Other Members of the Service
4.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics.
The Company cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. The Company shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
4.2.2. Responsible for Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. The Company may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of the Company violates these Terms of Service.
4.2.3. Your License to JetSynthesys
You hereby grant to the Company an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) to reproduce, publish, distribute or otherwise use in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.
You also hereby grant to the Company the right to authorize others to exercise any of the rights granted to the Company under these Terms of Service. You further hereby grant to the Company the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. The Company does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. JetSynthesys Pvt Ltd. has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
4.2.4. User Permission
The Company shall, with the permission of the users be entitled to capture the email IDs of the users in order to inform the winners and qualifiers of the different stages of the competition.
4.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or games of the Company. The Company reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with the Company to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting the Company access to any password-protected portions of your Account.
If you have a dispute with one or more users, you agree to 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.
5. FEES AND PURCHASE TERMS
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use
(i) “Virtual Currency”, including but not limited to virtual cash or diamonds, all for use in games of the Company;
(ii) “Virtual in-game items” (together with “Virtual Currency”, “Virtual Items”); and
(iii) Other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
The Company may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. The Company shall have no liability to you or any third party in the event that the Company exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to the Company another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in games of the Company is a service provided by the Company that commences immediately upon acceptance by the Company of your purchase.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Company may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
6. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. The Company may require that you accept updates to the Service and to the games of the Company, you have installed on your device or computer. You acknowledge and agree that the Company may update the Service and the games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play the games.
7. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING THE LIABILITY OF THE COMPANY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
8. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO THE COMPANY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE COMPANY’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
8.2 NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF THE COMPANY.
8.3 You agree to indemnify, defend and hold harmless the Company including but not limited to its affiliates, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. Further, you agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of site, any claim that your material caused damage to a third party, your violation of the Terms, or your violation of any rights of another, including any intellectual property rights.
9. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and the Company you are strongly encouraged to first contact the Company directly to seek a resolution by going to the customer support site at email@example.com. You agree that any claim or dispute you may have against the Company must be resolved as q`1zper laws applicable in Pune, India.
11. GENERAL PROVISIONS
11.2. Supplemental Policies
The Company may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
11.3. Entire Agreement
11.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by the Company shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of the Company.
11.6. Equitable Remedies
You acknowledge that the rights granted, and obligations made under these Terms of Service to the Company are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm to the Company and which cannot be replaced by monetary damages alone hence the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any game of the Company, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 8 (if any).
11.7. Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the control of the Company such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials or any other similar act.
12. NO UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. The Company does not grant you any licenses, express or implied, to the intellectual property of the Company or its licensors except as expressly authorized by these Terms.
Effective Date:19th January, 2021