Square Enix Private Limited
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APPLICATION AND SERVICES.
These TOS explain the terms and conditions under which you agree to use the Services. Here are some key points covered by these TOS:
- These TOS apply when you use the Services. Any updates to the TOS will also apply to you. If you do not agree, or want to end your agreement with us, you must uninstall the Application or discontinue use of the Services.
- You may only use the Content (defined below) contained in the Services in connection with your permitted activities on the Services and not in an offline environment or in connection with another application or web site unless we explicitly permit it.
- You have no ownership in the Services or any virtual currency or virtual items used in the Services. You have only a limited license to use them pursuant to these TOS. All or part of the virtual currency or virtual items may be deleted or the operation of the Services may be terminated in our sole discretion, with or without notice to you.
- Many types of disputes that may arise in connection with your access to and use of the Services are subject to the exclusive jurisdiction of the courts of India.
- The Company is providing the Services to you on an “as-is” basis, without any warranty of any kind, and our liability to you in connection with your use of the Services is very limited. There are many other limitations and disclaimers relating to your use of the Services.
If You Want to Use The Services Carefully read the terms under these TOS, as they constitute a written agreement between you and us which affects your legal rights and obligations. It is important that you read and understand these complete TOS before using the Services. If you are a minor, you may only use the Services upon your parent or guardian’s consent to these TOS.
Each time you access and/or use the Services, you agree to be bound by and comply with all of the terms of the TOS that are posted on the Services, or linked to from the Services, at that time. Therefore, if you do not agree to all of the terms under these TOS, then you may not use the Services. You must uninstall the Application and discontinue use of the Services in order to end your agreement to these TOS.
Full Details of the Terms of Service
1. Content, Ownership, Limited License, and Rights of Others.
A. Content. The Services contain a variety of: (i) materials and other items, including, all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties; and (iii) other forms of intellectual property (all of the foregoing, collectively the “Content”).
B. Ownership. The Services (including past, present, and future versions) and the Content are owned or controlled by us, and/or our licensors and certain other third parties. All rights, titles, and interests in and to the Content available via the Services are the property of the Company and/or our licensors or certain other third parties, and is protected by Japanese, U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. The Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
C. Limited License. Subject to your strict compliance with these TOS, the Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (subject to any restrictions), display, view, use, and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard display technology) on the devices compatible with the Services (each, a “Device”) for your personal, non-commercial use only, and, for certain Services. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason or no reason, in our sole discretion, and without advance notice or liability.
D. Rights of Others. In using the Services, you must respect the intellectual property and other rights of the Company and others. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. We respect the intellectual property rights of others.
2. Services and Content Use Restrictions.
A. Services Use Restrictions. You agree that you will not, and you will not assist other users:
(a) post, transmit, promote or distribute illegal content or content that you do not own or do not have the right to freely distribute;
(b) use the Services for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, using the Services in internet cafes and selling products);
(c) engage in any activities through or in connection with the Services that seek to attempt to or do harm, harass, threaten, abuse, disparage, libel, slander, or embarrass any individuals or entities;
(d) engage in any activities through or in connection with the Services that are unlawful, fraudulent, offensive, vulgar, sexually explicit, obscene, lewd, lascivious, filthy, violent, threatening, harassing, defamatory, infringing, invasive of personal privacy or publicity rights, or abusive, or that violate any right of the Company or any third party, or are, in a reasonable person’s view, objectionable;
(e) submit, publish, post or display child pornography, promote, encourage or advocate the production, preparation or consumption of illicit or prescription drugs, promote or encourage suicide, or attempts at suicide, advocate a political position or on behalf of political candidate or political party, or promote the interests of any particular religion or religious groups;
(f) alter, delete or cancel any other user’s profile information or content;
(g) attempt to get a user ID, password, or other user information, or any other private information from a user;
(h) reverse engineer, decompile, disassemble, reverse assemble, hack, crack, or modify the Services source or object code or any software or other products, services, or processes accessible through any portion of the Services;
(i) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, the Company, or other users of the Services;
(j) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content, or the User-Generated Content;
(k) create, operate, participate in or use any unauthorized servers intended to emulate the Services;
(l) use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications;
(m) exploit any bug or vulnerability in the Services or in any product of the Company to gain unfair advantage. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party;
(n) use the Services in the devises that are not compatible with the Services;
(o) set up, operate, participate or use unauthorized private servers for the Services
(p) intercept, mine or otherwise collect information from the Services using unauthorized third-party software;
(q) modify, reproduce, distribute, delete or make any derivative works of the Content provided in the Services unless the Company expressly authorizes such actions;
(r) do anything that interferes with the proper functioning of the Services, the ability of other users to enjoy the Services or that materially increases the expense or difficulty of the Company in maintaining the Services for enjoyment of all its users;
(s) make false report to the Company;
(t) solicit or attempt to solicit, and post or communicate any user’s personal information without such user’s content;
(u) unless otherwise provided in the Additional Terms, share your account information and log in information with other person;
(v) hold multiple user accounts;
(w) impersonate other person, indicate that you are an employee or agent of the Company (or its affiliates), or attempt to mislead users by indicating that you represent Company or any of Company’s licensors or affiliates;
(x) derive improper gains by applying for refund without a justifiable reason: or
(y) act in a way that the Company deems inappropriate or otherwise violate these TOS.
B. Real-Money Trading (“RMT”). RMT activities are strictly forbidden. If you sell, or attempt to sell, any virtual items or virtual currencies obtained or used via the Services, including any account held by you, you may be banned for violation of these TOS. Any solicitation for sales shall be treated as a breach of these TOS.
C. Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any elements licensed by us): (i) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with the Company or any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of such Content, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these TOS; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
D. Availability of Services and Content. We may immediately suspend or terminate the availability of the Services and Content (and any elements and features of them) for any reason, in our sole discretion, without advance notice or liability. We further have the right to obtain, without notification to you, information from your computer and software, including without limitation, your computer’s random access memory, video card, central processing unit, hard drive(s), and any other storage devices to assist our efforts in policing users who may develop and/or use “hacks” or “cheats” to profit or to gain advantage over other users. Information obtained under this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by us to not be in compliance with these TOS.
E. Reservation of All Rights Not Granted as to Content and Services. These TOS include only narrow, limited grants of rights to Content and to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by the Company and its licensors and other third parties. Any unauthorized use of any Content or the Services for any purpose is prohibited.
F. Suspension and Termination. 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 TOS or for any actual or suspected illegal or improper use of the service, with or without notice to you.
3. Opening and Terminating Accounts.
In order to access or use some (or potentially all) of the features on the Services, you may be required to register through the Services or a third-party tool (such as Facebook).
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password-protected portion of the Services using your name, username, or password; (v) Unless expressly provided by us, you will not own multiple accounts; (vi) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these TOS, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits in our sole discretion, for any reason or no reason, and without advance notice or liability.
4. Virtual Currency.
The following policies govern the virtual currency (“Virtual Currency”) offered by us to its customers using the Services.
A. Introduction to the Virtual Currency. Virtual Currency may be redeemed by you for certain licensed digital items and online services in the Services.
B. Virtual Currency Are Merely Licensed Virtual Goods and Have No Monetary Value. Virtual Currency (and virtual items and services they may be redeemed for) are virtual goods licensed to users and owned at all times by the Company. The license may be revoked by the Company at any time in our discretion. Virtual Currency (and virtual items and services they may be redeemed for) have no monetary value, and you do not have any personal property rights in the Virtual Currency (or virtual items and services they may be redeemed for). Therefore, Virtual Currency (and virtual items and services they may be redeemed for) may not be traded for cash, currency or any form of property, license or rights except for the products and services that the Company chooses to offer you in its sole discretion. You may not transfer Virtual Currency (or virtual items and services they may be redeemed for) to any other person or entity or receive Virtual Currency (or virtual items and services they may be redeemed for) from any other person or entity for any reason unless explicitly authorized by the Company. Virtual Currency (and virtual items and services they may be redeemed for) may be deleted by the Company for any reason or no reason, with or without notice.
C. Pricing and Purchasing. You may add Virtual Currency to your account by using the payment methods specified for the particular platform you are using to access the Services. You must be authorized to use the payment method chosen and, in the case of minors using a credit or debit card of a parent or guardian, your parent or guardian must expressly agree to allow the use of such payment method. The current prices for Virtual Currency will be available for viewing in the Services. The Company reserves the right to adjust the price for Virtual Currency at any time, in its sole discretion, without notice or reimbursement. You are responsible for the payment of any taxes or other charges relating to the purchase or redemption of Virtual Currency. You may not falsely notify your payment processor that you did not authorize any one-time or automatically recurring charge that you consented to previously. We reserve the right to ban those who commit “friendly fraud” from the Services.
D. Limits. In order to protect your security and to deter fraud, the Company may impose limits on the amount of Virtual Currency that you may license per transaction, per day and/or per month. The Company may also limit the maximum amount of Virtual Credits Currency that you may hold in your account at any one time.
E. Usage of Virtual Currency. You may redeem Virtual Currency for certain digital items and/or online services offered within the Services. Such digital items are also revocable licenses for which you have no property interest, and which may be discontinued or deleted at any time. The Company reserves the right to adjust the amount of Virtual Currency due for each digital item and online service at any time, in its sole discretion, without notice or reimbursement. Once redeemed, Virtual Currency will be deducted from your account balance and cannot be used again. You have no right to reverse a transaction once it is completed. However, if the Company determines that an incorrect price (in Virtual Currency) is identified for a digital item or online service, it reserves the right to reverse, adjust and/or nullify any such transaction.
F. No cash refunds. except as required by law or an appropriate platform owner, you have no right to receive a cash refund for unused virtual currency. if a third party obtains access to your account, you must notify the company immediately in order to be eligible for any possible remedial action by the company, which may take place at its sole discretion.
G. Expiration of Virtual Currency. Virtual Currency issued by the Company currently do not expire, but the Company reserves the right to alter or terminate operation of the Services, any Virtual Currency, and to revoke the licenses to them, at any time without notice. In other words, you may redeem Virtual Currency for as long as the Company chooses to make Virtual Currency redeemable for digital items and services, which the Company has no obligation to do. Accordingly, we encourage you to redeem Virtual Currency sooner rather than later.
H. Improper Acquisition/Usage of Virtual Currency. You agree that the Company has the absolute right to manage and regulate the Virtual Currency and all licenses for digital items and services related thereto in its sole discretion. If the Company suspects any fraudulent, abusive or unlawful activity with respect to your Virtual Currency balance, or your acquisition of licensed digital items or Services associated therewith, then the Company may reduce or liquidate your Virtual Currency balance and/or any or all licenses for digital items and Services related thereto, or deactivate, suspend or terminate access thereto.
I. Termination of Account. If you (a) are banned for any reason, including violation of these TOS, or (b) voluntarily terminate your account, then the Company reserves the right to delete the account and all Virtual Currency and all licenses for items and services related thereto permanently.
J. Changes to the Virtual Currency. SEPL reserves the right to change the way that the Virtual Currency and all licenses for items and services related thereto operates, or to terminate the Virtual Credits System and all licenses for items and services related thereto altogether, at any time, in its sole discretion, without notice. Any such changes shall take effect immediately upon posting of the change.
K. virtual currency waiver. by accepting these tos or by using the virtual currency, you agree not to assert or bring any claim or suit against the company, its parents or affiliates, its back-end service providers, the platform licensors, or their employees, arising out of or related to virtual currency, including but not limited to, any claim which is based on a theory that you “own” virtual currency (or any virtual items or services), or that you lost the “value” of virtual currency (or any virtual items or services) as a result of virtual currency (or any virtual items or services) deletion or account termination, or for any modifications in the amount of virtual currency required to access certain virtual items or services, or the removal of access to virtual currency (or any virtual items or services), or for any malfunctions and/or “bugs” in any virtual currency (or any virtual items or services).
L. Issuance of Virtual Currency. The Company will be the sole issuing authority for Virtual Currency for the Services and Virtual Currency licensed from the Company hereunder may only be used by registered users of the Services for the redemption of virtual items or services offered in the Services.
5. Content You Submit.
A. User-Generated Content General. The Company may now or in the future offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services (collectively, “Submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding the Content included therein, “User-Generated Content”). The Company may do this through forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, e-mail, messaging and other communications functionality. Subject to the rights and license you grant in these TOS, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content, except to the extent it incorporates copyrighted materials of the Company (for example, you incorporated one of our characters or logos).
B. Non-Confidentiality of Your User-Generated Content. You agree that (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential, ” “proprietary, ” or the like – and will not be returned, and (b) the Company does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. You acknowledge that Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.
C. Unsolicited Ideas and Materials. In your communications with the Company, please keep in mind that the Company does not seek any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for game productions or equipment, books, scripts, screenplays, motion pictures, television shows, theatrical productions, or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Services are deemed User-Generated Content and licensed to us as set forth below and pursuant to our Unsolicited Materials Policy set forth on our website here. In addition, the Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The receipt of your Unsolicited Ideas and Materials by the Company is not an admission by the Company of their novelty, priority, or originality, and it does not impair the right of the Company to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
D. License to The Company of Your User-Generated Content. Except as otherwise described in any Additional Terms (such as official contest rules), which govern the submission of your User-Generated Content, you hereby grant to the Company and its affiliates, and you agree to grant to the Company and its affiliates on a prospective basis, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to the Company to your User-Generated Content, you also hereby grant to the Company and its affiliates, and agree to grant to the Company and its affiliates on a prospective basis, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Upon the Company’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these TOS.
E. Exclusive Right to Manage the Services. The Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of any of your User-Generated Content to ensure appropriate use of the Services, and the Company may in the course of managing the Services as we deem appropriate, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice, or restore any credits or virtual items used in the creation of such deleted User Generated Content to you, or have any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, the Company may do so to address content that comes to our attention that the Company believes is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these TOS. Such User-Generated Content submitted by you or others need not be maintained on the Services by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Services or elsewhere.
F. Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are either at least the age of majority in the jurisdiction in which you reside or have all proper consents from your parent or legal guardian, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant the Company the rights to it that you are granting by these TOS, all without any obligation of the Company to obtain consent of any third party and without creating any obligation or liability of the Company; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to the permitted uses and exploitation set forth in these TOS, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these TOS, or cause injury or harm to any person.
G. Enforcement. The Company has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
6. Linked-To Services, Websites; Advertisements; Dealings with Third Parties.
A. Linked Locations; Advertisements. The Services may contain links, as part of third-party ads on the Services or otherwise, to or from third-party web sites, applications or other locations (“Linked Sites”), including those operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with the Company. The Company may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and the Company does not assume any obligation to review any Linked Sites. The Company does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, the Company is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, the Company will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within the Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Sites. The Company disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). The Company disclaims all liability in connection with therewith.
C. Terms Applicable if Accessing the Services Through an Apple iOS Device. If you are accessing or using the Services through an Apple device running iOS, the following additional terms and conditions (“Apple Terms”) are applicable to you and are incorporated into these TOS by this reference:
- i. To the extent that you are accessing the Services through an Apple iOS device, you acknowledge that these Apple Terms are entered into between you and the Company and, that Apple, Inc. (“Apple”) is not a party to these Apple Terms other than as third-party beneficiary as contemplated below.
- ii. The license granted to you in Section 1 of these TOS is subject to the permitted Usage Rules set forth in the App Store Terms of Service and any third-party terms of agreement applicable to the Services.
- iii. You acknowledge that SEPL, and not Apple, is responsible for providing the Services and Content thereof.
- iv. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.
- v. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
- vi. Notwithstanding anything to the contrary herein, and subject to the terms in these TOS, you acknowledge that, solely as between Apple and the Company, the Company and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (1) product liability claims, (2) any claim that the Services fails to confirm to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- vii. Further, you agree that if the Services, or your possession and use of the Services, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- viii. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOS, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third-party beneficiary thereof.
- ix. When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.
7. Wireless and Location-based Services.
- A. Wireless Features. The Services may offer features and services that are available to you via your wireless Device. These features and services may include the ability to access the features of the Services and upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
- B. Terms of Wireless Features. You agree that, as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify the Company of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes.
- A. Governing Law and Venue. The Services are made accessible, operated and controlled by the Company. Indian laws, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Services and your access and use thereof. By accessing and using the Services, you submit and consent to the exclusive jurisdiction of the courts of India as the court of first instance with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these TOS and/or your access and use of the Services.
- B. Dispute Among the Users. You are solely responsible for your interactions with other users of the Services. If you have a dispute with one or more users of the Services, in addition to any other remedies available to the Company, the Company (and its licensors, affiliates, employees, officers, directors, contractors, agents, third party suppliers, licensors and third party partners) shall not be liable for claims, demands and damages (direct and indirect) of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a resident of the State of California, the United States, you waive the rights afforded to you under California Civil Code §1542.
- C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST THE COMPANY, THEN YOU MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR ELSE IT SHALL BE FOREVER BARRED.
- D. Injunctive Relief. The foregoing provisions of this Section 8 will not apply to any legal action taken by the Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, your User-Generated Content and/or the Company’s intellectual property rights, the Company’s operations, and/or the Company’s products or services (collectively, “Excluded Dispute”).
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, the Company and its parents, affiliates, subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- i. the Services (including the Content and the User-Generated Content);
- ii. the functions, features, or any other elements on, or made accessible through, the Services;
- iii. any products, services, or instructions offered or referenced at or linked through the Services;
- iv. security associated with the transmission of your User-Generated Content transmitted to the Company or via the Services;
- v. whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
- vi. whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
- vii. whether any defects to the Services will be repaired; and
- viii. whether your use of the Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMPANY PARTY, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
10. LIMITATIONS OF LIABILITY OF COMPANY PARTIES.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- i. the Services (including the Content and the User-Generated Content);
- ii. your use of or inability to use the Services, or the performance of the Services;
- iii. any action taken in connection with an investigation by the Company Parties or law enforcement authorities regarding your access to or use of the Services;
- iv. any action taken in connection with copyright or other intellectual property owners or other rights owners;
- v. any errors or omissions in the Services’ technical operation; or
- vi. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TOS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TO THE COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
11. Waiver of Injunctive or Equitable Relief.
If you claim that you have incurred any loss, damages, or injuries in connection with your use of the services, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. this means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any web services, content, user-generated content, product, service, or other intellectual property owned, licensed, used or controlled by the company (including your licensed user-generated content) or a licensor of the company. under no circumstances will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with the distribution, operation, development, or performance of the services.
12. General Provisions.
- A. Updates to TOS. The Company reserves the right to modify these TOS, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these TOS each time you use the Services. The Updated Terms will be effective as of the time that the Company posts them on the Services, or such later date as may be specified in them.
- B. Consent or Approval of the Company. As to any provision in these TOS that grants the Company the right of consent or approval, or permits the Company to exercise the right in its “sole discretion”, the Company may exercise that right in its sole and absolute discretion. No consent or approval of the Company may be deemed to have been granted by the Company without being in writing and signed by an authorized employee of the Company.
- C. Indemnity. You agree to, and you hereby, defend, indemnify, and hold the Company Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or anticipatory breach of these TOS; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Company Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Company Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Company Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the Company.
- D. Void Where Prohibited. The information provided through the Services are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Services is lawful in every jurisdiction from which such Services can be accessed, or is available for use in all jurisdictions. If you access or use the Services from a jurisdiction outside Japan, you are responsible for compliance with all applicable laws.
IF YOU ARE CONSIDERED TO BE A MINOR WHERE YOU RESIDE, YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR LEGAL REPRESENTATIVE’S PERMISSION TO ACCESS AND USE THE SERVICES. IF YOU ARE A MINOR BUT DID NOT HAVE YOUR LEGAL REPRESENTATIVE’S PERMISSION TO THE ACCESS AND USE THE SERVICES, THE COMPANY MAY IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSE GRANTED HEREUNDER.
THE SERVICES ARE INTENDED FOR USE BY PERSONS 13 AND ABOVE. BY ACCESSING AND USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS.
E. Severability. If any provision of these TOS is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these TOS, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these TOS (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these TOS, the word will be deemed to mean “including, without limitation.”
F. Export Control. The Application may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Application as well as any applicable end-user, end-use and destination restrictions issued by national governments. By accessing and using the Application, you represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.
G. Communications. When you communicate with us electronically, such as via e-mail or text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- I. Assignment. The Company may assign its rights and obligations under these TOS, in whole or in part, to any party at any time without any notice. These TOS may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.
J. No Waiver. Except as expressly set forth in these TOS, (i) no failure or delay by you or the Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these TOS will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
K. Force Majeure. If, by reason of Force Majeure Event (defined below), the Company is delayed or unable, in whole or in part, to perform or comply with any of its obligations under these TOS, then it shall be relieved of liability and shall suffer no prejudice for failing to perform to the extent that the inability was caused by Force Majeure Event. In the event of a Force Majeure Event, the Company shall use commercially reasonable efforts to remedy the situation and remove the cause of its inability to perform. Force Majeure Event means any acts of God, flood, fire or explosion, war, invasion, riot or other civil unrest; embargoes or blockades, national or regional emergency; strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate power or telecommunications or transportation facilities.
M. English Version. If the English version of these TOS conflicts with any other language version, the English version shall prevail.
N. If you have any questions or wish to send us any notices pursuant to this TOS, please contact us at firstname.lastname@example.org.