TERMS AND CONDITIONS
Welcome to Gamemela!
Thank You for using our product(s) and service(s). Gamemela is consumer brand of India's leading gaming company Funizen Solutions Pvt Ltd. By using our Services, you are agreeing to these terms. Please read them carefully.
In addition to the original Terms and Conditions, additional terms may apply due to the addition of new product or whatsoever the reason we may require. Additional terms become part of your agreement with Funizen & its service(s) if you keep using the Services after such addition.
Policy of Gamemela Account
You need Gamemela account in order to use our Services. You may create your own Gamemela Account. Funizen has the sole and full ownership of Gamemela account created by users. By signing up to Services you are agreeing to Terms and Conditions, users are endowed with the right to use such account from Funizen. However, this right to use such account is not permanent. In the case of necessary, such as termination of services operation, maintenance, Funizen may stop or retrieve the right to use from you with or without prior notice either temporarily or permanently.You must provide accurate information of yours. Your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process shall be accurate, current and complete.
You are responsible for keeping your password secure. You are responsible for maintaining the confidentiality of the password and account and are solely and fully responsible for all activities that occur under your password or account. Gamemela cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
Policy of Using Our Service
You understand and accept that use of the Service is at your own risk.
You must be 18 years older to use this Service. Parental consent is required or involvement shall be needed in the case that you have not completed the age of 18.You must follow any policies made available to you within the Services.
Don’t misuse our Services
For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you without any prior notice if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Gamemela’s
This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
End User License Agreement
THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS ENTERED INTO BETWEEN GAMEMELA AND YOU. IT IS IMPORTANT THAT YOU READ AND CAREFULLY UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DO NOT WISH TO BE BOUND, DO NOT INSTALL THE SOFTWARE TO WHICH THIS AGREEMENT APPLIES OR OTHERWISE USE THE SOFTWARE TO WHICH THIS AGREEMENT APPLIES. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE ABLE TO ACCESS, DOWNLOAD OR USE THE SOFTWARE AND/OR THE SERVICE. GAMEMELA RESERVES THE RIGHT IN ITS SOLE DISCRETION AT ANY TIME TO CHANGE ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF WE CHANGE THE TERMS OF THIS END USER LICENSE AGREEMENT, WE WILL COMMUNICATE THE CHANGES TO YOU PRIOR TO THE CHANGES BEING MADE EFFECTIVE.
1. PRECONDITIONS OF THE GRANT OF LICENSE
The grant of license as set forth in Section 4 below is specifically conditioned upon the following:
1.1 You have accepted all of the terms in this Agreement and indicated your acceptance by selecting “YES,” “I AGREE,” or similar form of assent, as appropriate;
1.2 You will comply with all of the terms in this Agreement until such time as you have deleted all aspects of the Software from your machine;
1.3 You will use the Software only on an authorized device, running validly licensed copies of operating systems which the Game was designed to operate;
1.4 You will refrain from using any hacks, cracks, bots, or third party software which may modify, temporarily or permanently, the Software or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game; and
1.5 You will comply with all requirements and obligations of the Terms of Service, which is specifically incorporated into this Agreement and is made a part hereof.
2 GAME ACCOUNTS
2.1 Game Accounts. To play the Game(s), you may be required to create and maintain a Gamemela ID, a Game-specific account, and, in some cases, a platform specific account (e.g., an account with Valve Corporation if the Game is distributed through Steam). To use or create a Gamemela ID, you must register, or have previously established, an account on Gamemela.com. To use or create an account with a specific platform, you must register, or have previously established, an account with that platform.
2.2 Use of Gamemela IDs. Creation, use, and subsequent use of Gamemela IDs are subject to the following terms and conditions:
2.2.2 Your use of the Games to interact with Gamemela and other players is governed by Gamemela’s Terms of Service, which are available at www.Gamemela.com. The Terms of Service are not meant to be exhaustive. The Terms of Service are incorporated into this Agreement by this reference, and are available for your review here2.2.3 You agree to pay all fees and applicable taxes incurred by you or anyone using your Gamemela ID. Gamemela may revise the pricing for the goods and services offered at any time.
3 OWNERSHIP; GRANT OF LICENSE; RESTRICTIONS
3.1 Ownership. As between Gamemela and you, Gamemela owns and shall retain all right, title and interest, including, without limitation, all Intellectual Property Rights, in and to the Software, and any portions thereof, including, without limitation, any copy or Derivative Work of the Software (or any portion thereof) and any Updates thereto. You agree to take any action reasonably requested by Gamemela to evidence, maintain, enforce or defend the foregoing rights. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with Gamemela's ownership of and rights with respect to the Software, or any Derivative Work or Update thereof or thereto. You shall have only those rights in and to the Software and any Derivative Work or Update thereto as are expressly granted to you under this Agreement.
3.2 Limited Grant of License. Subject to the terms and conditions of this Agreement, Gamemela hereby grants you a non-exclusive, nontransferable, non-sublicensable, limited right and license, during the Term, to:
3.2.1 Install a copy of the Software on one or more computers under your legitimate control;
3.2.2 Access and use the Software, solely in accordance with the Documentation and solely for your own personal, non-commercial, entertainment purposes.
3.2.3 Except as set forth in this Section, no other right or license of any kind is granted by Gamemela to you hereunder with respect to the Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all Intellectual Property Rights therein.
3.3 Restrictions. You hereby acknowledge and agree that you shall not use the Software for any purpose other than your personal, non-commercial entertainment purposes, and that you shall use the Software in accordance with all applicable laws, rules and regulations. Except as expressly provided herein, you shall not, and shall not permit any third party to:
3.3.1 Copy all or any portion of the Software, except as may be incidental to using the Software on your machine as permitted by this Agreement;
3.3.2 Exploit the Software, in its entirety or individual components, for any purpose not expressly authorized by Gamemela, including, without limitation (i) gathering in-game currency, items, or resources for sale outside of Gamemela’s authorized systems and channels; (ii) performing in-game services that disrupt the normal gameplay experience (e.g., power-leveling); or (iii) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Software.
3.3.3 Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Software
3.3.4 Decompile, disassemble or otherwise reverse engineer the Software, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in the Software or any portion thereof;
3.3.5 Modify, translate, or create any Derivative Works based upon the Software except as may be provided by the Software itself or under other permission from Gamemela.
3.3.6 Distribute, disclose, market, rent, lease, grant a security interest in, transfer, assign, sublicense, pledge or otherwise transfer the Software, in whole or in part, or any Cash Item (as defined in the Terms of Service) to any third party whatsoever;
3.3.7 Host, provide or develop matchmaking services for the Software;
3.3.8 Intercept, emulate or redirect the communication protocols used by Gamemela, or its designees, in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Software, use of a “data mining” utility program to intercept, read or “mine” information generated by the Software, or in any other way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized play of the Game or other use of the Software;
3.3.9 Create, use or maintain any unauthorized connections to the Software;
3.3.10 Remove or alter any copyright, trademark, or other Intellectual Property Right notices, legends, symbols, or labels appearing on or in the Software;
3.3.11 Disrupt or assist in the disruption of (i) any computer used to support the Software or a Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SOFTWARE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS;
3.3.12 Violate Gamemela’s Terms of Service (which are available at www.gamemela.com; and
3.3.13 Use the Software for any purpose that (i) violates applicable law or regulation; or (ii) violates this Agreement.
4.1 Hosting of the Service. You acknowledge and agree that the Software is used to play the Game through the Service and that Gamemela may, in its sole discretion, terminate or otherwise discontinue providing the Service at any time for any or no reason.
4.2 Updates. During the Term, Gamemela may provide you with Updates as they are made generally available by Gamemela. You acknowledge that, to the extent Gamemela licenses some or all of the Software and/or other components of the Service from third party vendors (“Vendors”), such Vendors, and not Gamemela, are responsible for creating Updates, if any, and making them available for installation or distribution. You acknowledge and agree that Gamemela may, with your knowledge and prior consent, provide Updates to you remotely, including, without limitation, by accessing the computer in which you store the Software. Any Update provided or made available by Gamemela hereunder shall be deemed part of the Software and shall be subject to the terms and conditions of this Agreement.
4.3 Game Policies. Your use of our Software and Service is conditioned on your acceptance of several different agreements. These agreements are:
4.3.1 This End User License Agreement;
4.3.2 The Privacy Statement;
4.3.3 The Terms of Service ;
4.3.4 Applicable third party terms that you may need to accept to utilize certain parts of the Service (e.g., payment processor terms; third party distribution platform terms, integration of social networking profiles, etc.). The agreements are listed in terms of their priority and application to you. In the event of a conflict between provisions contained within any particular agreement, the agreement that is listed first shall control. For example, in the event of a conflict between these Terms of Service and the Privacy Statement, the Privacy Statement shall control.
4.4 Your Further Obligations.You shall be solely responsible for any and all costs and fees in connection with accessing and using the Software and/or the Service, including, without limitation, Internet service provider fees, telecommunications fee and the costs of any and all equipment used by you in connection with the Software and/or the Service. You acknowledge that Gamemela shall have no obligation to assist you in using or accessing the Software, except as expressly set forth in this Agreement. In addition, you agree to adhere at all times to the Terms of Service made available through the Service, as may be amended from time to time. Any changes to the Terms of Service will be communicated to you prior to the changes are made effective and your continued use of the Software, Game and/or Service after such notification of changes to the Terms of Service will constitute your acceptance of such changes.
4.5 Monitoring of the Service.
4.5.1 Gamemela shall have the right to monitor and/or record your communications when you use the Software, and you acknowledge and agree that when you use the Software, that you have no expectation that your communications will be private. Gamemela shall have the right to utilize recorded communications: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Gamemela policy; (c) to protect Gamemela’s legal rights and remedies; (d) to protect the health or safety of anyone that Gamemela believes may be threatened; or (e) to report a crime or other offensive behavior.
4.5.2 WHEN RUNNING, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE SOFTWARE MAY COMMUNICATE INFORMATION BACK TO GAMEMELA, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) GAMEMELA MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games may include a tool that will allow your computer system to forward information to Gamemela in the event that the Game crashes, including system and driver data, and consent to Gamemela being able to receive this data.
5 CONFIDENTIAL INFORMATION
5.1 Confidential Information. You acknowledge that, in the course of using the Software and exercising your rights under this Agreement, you may obtain confidential information relating to the Software, the Service or Gamemela and its Vendors or other parties (“Confidential Information”). Such Confidential Information shall, as between you and Gamemela, belong solely to Gamemela and shall include, without limitation, the Software (including any and all Derivative Works and Updates), the existence of and terms of this Agreement, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, formulas, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and functional specifications, product requirements, problem reports, performance information, documents, and other technical, business, product, marketing, third party customers, and financial information, plans and data.
5.2 Use and Disclosure Restrictions. You hereby acknowledge and agree that the Confidential Information constitutes and contains valuable proprietary information and trade secrets of Gamemela, and embodies substantial creative efforts and confidential information, ideas, and expressions. Accordingly, you agree: (a) to protect the Confidential Information from unauthorized dissemination and use; (b) to use the Confidential Information only for the performance of your obligations and in connection with the exercise of your rights hereunder; (c) not to disclose or otherwise provide to any third party, without the prior written consent of Gamemela, any Confidential Information or any part or parts thereof; (d) to undertake whatever action is necessary to prevent or remedy (or authorize Gamemela to do so in your name) any breach of your confidentiality obligations set forth herein; (e) not to remove or destroy any proprietary or confidential legends or markings placed upon or contained within the Software, or on any other Confidential Information provided to you by Gamemela; and (f) not to develop any other materials, products, or services containing any of the concepts or ideas contained in the Software or Service or any other Confidential Information.
5.3 Exclusions. The foregoing restrictions pertaining to the Confidential Information shall not apply with respect to any Confidential Information that: (a) was or becomes publicly known through no fault of you; (b) was known by you before receipt from Gamemela, as evidenced by your contemporaneous written records, (c) becomes known to you without confidential or proprietary restriction from a source other than Gamemela that does not owe a duty of confidentiality to Gamemela with respect to such Confidential Information; or (d) is independently developed by you without use of the Confidential Information. In addition, you may use or disclose Confidential Information to the extent (i) expressly approved by an authorized representative of Gamemela in writing, and (ii) you are legally compelled to disclose such Confidential Information; provided, however, prior to any such compelled disclosure you shall cooperate fully with Gamemela in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information.
6 NO WARRANTY/LIMITATION OF LIABILITY
6.1 Disclaimer of Warranties. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAMEMELA AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. GAMEMELA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE, AND/OR THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SOFTWARE IS HOSTED AND/OR OPERATES, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SOFTWARE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF GAMEMELA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE IN OR ON THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
6.2 Limitation of Liability.
6.2.1 GAMEMELA AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME OR SOFTWARE WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT GAMEMELA IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR SOFTWARE DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE,( 2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE, AND OTHER SERVICES, SOFTWARE AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE IN AN ACCURATE OR TIMELY MANNER.
6.2.2 Gamemela does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portions of the Software or continued operation or availability of any given server. Some states do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
6.2.3 Gamemela is not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, Gamemela cannot and does not promise or ensure that you will be able to access the online, multi-player or downloadable portions of the Software whenever you want, and there may be extended periods of time when you cannot access such portions of the Software.
6.2.4 NEITHER GAMEMELA NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR GAMEMELA'S OR OTHER ENTITIES' DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, EVEN IF GAMEMELA (OR SUCH OTHER ENTITIES OR PERSONS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE, OR ANY PART THEREOF, IS TO STOP USING THE SOFTWARE. THE MAXIMUM AGGREGATE LIABILITY OF GAMEMELA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE TEN RUPEES.
6.3 Other. Without limiting the foregoing, Gamemela shall have no obligations, responsibilities and/or liabilities if any nonconformance or failure of, or error in, the Software is caused by: (a) use of any attachment, feature, hardware, software or device in connection with the Software not supplied by Gamemela; (b) transportation, neglect or misuse of the Software or any use of the Software that is not in accordance with this Agreement and/or the Documentation; (c) alteration, modification, or enhancement of the Software other than by Gamemela; or (d) failure to provide a suitable installation or use environment for all or any part of the Software. This clause shall be valid and enforceable to the fullest extent permitted by law.
As a condition of your access to and use of the Software, you hereby agree to indemnify, defend, and hold Gamemela, our parents, subsidiaries, affiliates, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against, any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your use, operation or combination of the Software with non-Gamemela software, data, equipment or documentation if liability would have been avoided but for such use, operation, or combination; (b) your use of other than the then-current, unaltered version of the Software; (c) your activities after Gamemela has notified you that Gamemela believes such activities may result in infringement or otherwise violate the rights of Gamemela or any third party; (d) any modifications to the Software made by you; (e) your breach or alleged breach of this Agreement; and (f) your violation of any applicable law or the rights of any other person.
8.1 Alterations to the Agreement. Gamemela may create updated versions of this Agreement (each a “New Agreement”) as the Software, the Games, and the law evolve. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. Continue using Gamemela, its service or its software is regarded as the consent and acceptance to New Agreement. If you accept the New Agreement, and if your Software-related account remains in good standing, you will be able to continue using the Software subject to the terms of the New Agreement. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Software.
8.2 Changes to the Software. Gamemela may change, modify, suspend, or discontinue any aspect of the Game(s) or Software at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. Gamemela may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability.
9 TERM AND TERMINATION
9.1 Term. This Agreement shall commence on the date you indicate your acceptance of this EULA and shall continue until termination in accordance with this Section.
9.2 Termination. This Agreement shall remain effective until terminated in accordance with its terms. You are entitled to terminate this agreement at any time by uninstalling all aspects of the Software to which you have access and by submitting to Gamemela’s customer support department a request to permanently delete all account information linked to you. Gamemela may terminate this Agreement in the event that you fail to comply with the terms and conditions contained herein or the terms and conditions contained in the Terms of Service. Without limiting the foregoing, Gamemela reserves the right to immediately terminate this Agreement, and/or your use of the Software or any portion thereof, at any time and for any reason, with or without cause.
9.3 Effect of Termination. Upon the expiration or termination of this Agreement, all rights and licenses granted to you hereunder shall immediately terminate. Upon termination or expiration of this Agreement, you shall, at your sole expense, return to Gamemela (or destroy, at Gamemela's sole election) all Software and Confidential Information (and all copies and extracts thereof) then in your possession or under your control. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not act as a release of your liability for breach of your obligations under this Agreement. Gamemela shall not be liable to you for damages of any kind solely as a result of terminating this Agreement in accordance with its terms. Gamemela's termination of this Agreement shall be without prejudice to any other right or remedy that it may have at law or in equity, and shall not relieve you of breaches occurring prior to the effective date of such termination. The provisions of Sections 1, 2, 4, 6, 7, 8, 11 and 12 shall survive the expiration or any termination of this Agreement.
10 DISPUTE RESOLUTION
10.1 Disputes. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of, this Agreement or any policy, document or agreement incorporated herein (“Dispute”), you and Gamemela agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to the Dispute (except as set forth in Section 11.4below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.
10.1.1 Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Gamemela will send its notice to your billing address and email you a copy to the email address you have provided to us. If there is no available information given to Gamemela for contacting you regarding Dispute, Gamemela will try contacting you through its customer care service and if there is no reply within 14 days, it will be regarded as acceptance by no reply.
10.1.2 You will send your notice to Gamemela at, #1666, 3rd Floor, TKC Enclave, 27th Main Road,, Sector 2, HSR Layout, Bengaluru, Karnataka 560102, India, Attn: Legal Department.
10.2 Binding Arbitration.
10.2.1 If a Dispute cannot be resolved through negotiations, then the Dispute must be submitted to binding arbitration (except for the circumstances allegedly described in other part of this agreement). Arbitration of a Dispute shall be a final and binding determination on you and Gamemela. You should review this provision carefully. This arbitration provision limits your and Gamemela’s ability to litigate claims in court and you and Gamemela each agree to waive our respective rights to a jury trial.
10.2.2 An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND GAMEMELA ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
10.3 Restrictions. You and Gamemela agree that any arbitration shall be limited to the Dispute between Gamemela and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
10.3.1 A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND GAMEMELA;
10.3.2 THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
10.3.3 YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY CLAIM SUBJECT TO ARBITRATION.
10.3.4 Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.
10.4 Exceptions to Negotiations and Arbitration. You and Gamemela agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
10.4.1 any Disputes in countries that prohibit by law submission of Disputes to binding arbitration;
10.4.2 any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Gamemela’s intellectual property rights;
10.4.3 any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
10.4.4 any claim for injunctive relief;
10.4.5 any claim within the jurisdictional limits of the small claims courts; and
10.4.6 any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from us on your behalf.
10.5 Location of Arbitration. Any arbitration will take place at any reasonable location within Bangalore, Karnataka, Republic of India.
10.6 Governing Law. You agree that this Agreement shall be deemed to have been made and executed in Bangalore, State of Karnataka, the Republic of India, and any Dispute arising hereunder shall be resolved in accordance with the law of India. You agree that any claim asserted in any legal proceeding by you against Gamemela shall be commenced and maintained exclusively in court located in Bangalore, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. The application of any international law or treaty is expressly excluded, regardless of your place of residence.
10.7 Attorneys' Fees. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorney fees paid or incurred in good faith.
10.8 Severability of Dispute Resolve. You and Gamemela agree that if any portion of this Section 10 is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 11 shall be given full force and effect. Any Dispute subject to any such portion of this Section 11 shall be decided by the arbitrator.
11 GENERAL PROVISIONS
11.1 Assignment. This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Gamemela. Gamemela may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
11.2 Waiver. The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
11.3 Severability. If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
11.4 Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party, nor either party's agents, have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
11.5 Force Majeure. Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
11.6 Captions and Section Headings. The captions and Section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.
11.7 Equitable Relief. You acknowledge and agree that due to the unique nature of this Agreement, there can be no adequate remedy at law to compensate Gamemela for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Gamemela resulting in irreparable harm to Gamemela that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Gamemela shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.
11.8 Entire Agreement; Amendment. This Agreement (together with the Terms of Service) constitute the entire agreement between the parties concerning the subject matter hereof, and supersedes (a) all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements, and communications, whether oral or written, between the parties relating to the subject matter of this Agreement; and (b) all past courses of dealing and industry custom.
For purposes of this Agreement, the following terms shall have the following meanings (terms capitalized but not defined in this Agreement shall have the meaning given to them in our Terms of Service):
12.1 “Documentation” means the online, electronic or printed user guides and other documentation which Gamemela makes generally available which describes the installation and use of the Software, regardless of how such documentation is accessed by you or delivered to you.
12.2 “Derivative Work” means a new or modified work that is based on or derived from a preexisting work, including, without limitation, a work that, in the absence of a license, would infringe the copyright in such preexisting work or that uses trade secrets or other proprietary information with respect to such preexisting work.
12.3 “Game”means the “Multiplayer Online Game” or “Mobile Game” or other game provided or serviced by Gamemela, including the one to which this Agreement is appended.
12.4 “Intellectual Property Rights” means worldwide statutory and common law rights, existing now or in the future, associated with (a) issued patents, reissued or reexamined patents, revivals of patents, divisions, continuations and continuations-in-part of patents, all renewals and extensions thereof, utility models, and certificates of invention, regardless of country or formal name, published or unpublished non-provisional and provisional patent applications, including the right to file other or further applications, reexamination proceedings, invention disclosures and records of invention; (b) works of authorship and visual artworks, including copyrights, moral rights, semiconductor topography and mask work rights, and all applications for registration, registrations, renewals and extensions of registrations thereof, together with all other interests accruing by reason of international copyright, semiconductor topography and mask work conventions; (c) proprietary information and materials, whether or not patentable or copyrightable, and whether or not reduced to practice, including without limitation all trade secrets, confidential information, business methods, ideas, research and development, inventions, designs, manufacturing and operating specifications and processes, know-how, formulae, customer and supplier lists, shop rights, designs, drawings, patterns, technical data, databases, data compilations and collections, computer programs, hardware, software and processes; (d) the trademarks, trade names, and service marks used by a party, whether registered or unregistered, together with the goodwill of the business associated therewith, and all applications for registration and registrations thereof, renewals thereof, the right to bring opposition and cancellation proceedings and any and all rights under the laws of trade dress, the respective stylistic marks and distinctive logotypes for such trademarks, trade names, and service marks and such other marks and logotypes as either party may designate from time to time in writing; and (e) all claims, causes of action and rights to sue for past, present and future infringement or use without consent of any of the foregoing rights.
12.5 “Service” shall mean the web sites provided by Gamemela, its agents, designees, vendors or service providers and all related services and products, including, without limitation, Games hosted on servers controlled by Gamemela, its agents, designees, vendors or service providers that are made available through the Internet for remote use by third parties.
12.6 “Software” means the Mobile app software, the Game software, in object code form only, and the media, Documentation and Updates for which you are granted a license pursuant to this Agreement.
12.7 “Term” shall have the meaning set forth in Section 9.
12.8 “Terms of Service” means Gamemela's Terms of Service for the Service located at http://www.gamemela.com, as may be amended by Gamemela from time to time.
12.9 “Updates” means the object code forms of any modifications, error corrections, bug fixes, new versions, or other updates of or to the Software that may be provided or otherwise made available hereunder by Gamemela to you during the Term.
Terms of Service
GAMEMELA: TERMS OF SERVICE
Gamemela offers various web pages, online and mobile games and interactive services (e.g. our forums, customer support portal, knowledge base, etc.) (Collectively, the “Service”). The Service offered to you is conditioned on your acceptance of several different agreements. These agreements are:
- The End User License Agreement (“EULA”) that applies to the interactive software entertainment products and services offered by Gamemela (e.g. our published games);
- These Terms of Service (“ToS”) and;
- Applicable third party terms that you may need to accept to utilize certain parts of the Service (e.g., payment processor terms; third party distribution platform terms, integration of social networking profiles, etc.)
The agreements are listed in terms of their priority and application to you. In the event of a conflict between provisions contained within any particular agreement, the agreement that is listed first shall control. For example, in the event of a conflict between these Terms of Service and the Privacy Statement, the Privacy Statement shall control. In the event of a conflict between the Additional Terms and the EULA, the EULA will control.
By accepting these Terms of Service, you are accepting all agreements that are part of the Service
1. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Service is for your personal and non-commercial use. You may not modify, copy (except for a single backup copy and transient copying required to operate the Service), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.
2. SERVICE REGISTRATION
Some of our Services require you to create an account with us, with a user ID and password. When registering for an account, you agree that you will (a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update your account information, (c) maintain the confidentiality and security of your username and password, (d) accept all risks and responsibility associated with any authorized or unauthorized access to your account, and (e) immediately notify us if you discover or otherwise suspect any unauthorized use of your account.
To register an account, you will be required to provide us with certain information about yourself, including, without limitation your name, email address and other personal information. Your information will be handled by us in accordance with our Privacy Statement. You may have the option to provide us with your social media network information and use that information as your account log in. Once the registration form has been submitted, we may send you an email to verify the information you submitted. You must click on the link or otherwise follow the instructions in the verification email to complete the account registration process.
You may establish an account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an account); (ii) you are at least eighteen 18 years of age; (iii) if you are not of the age of majority in your country of residence, you have your parent or legal guardian’s permission to register for the Service (and you will provide evidence of such permission to us upon our request); and (iv) you are not an individual specifically prohibited by Gamemela from using the Service. If at any time Gamemela becomes aware that you have registered an account without meeting the foregoing requirements, Gamemela reserves the right to suspend, terminate and/or delete the account.
As part of the registration process, you will also be asked to select a user ID and password for your account which you will use each time you access the Service. We reserve the right to refuse to grant you or to terminate your use of a username that: (i) impersonates someone else, including, without limitation, another user, a non-playable character or a game master, (ii) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any usernames which are sexual in nature, (iv) is comprised of or includes the name of a popular culture icon, persona or media personality (e.g., "SpiderMan" or "TigerWoods") or religious deity or figure or your real name or surname, (v) is comprised of or includes the names (including "street" names) of any drug, narcotic or other criminal activity, or (vi) is otherwise inappropriate, regardless of our software's ability to disallow such usernames.
You are responsible for the confidentiality and use of your account information and agree not to transfer your right to use or access the Service via sharing your username or password to any third person. If you have reason to believe that your account is no longer secure, you should promptly change your password and notify us of the problem by submitting a ticket to our Customer Support department. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR 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 GAMEMELA.
GAMEMELA does not recognize or allow the transfer of accounts between players. You may not purchase, sell, gift or trade any account, or offer to purchase, sell, gift, or trade any account, and any such attempt shall be null and void and may result in the forfeiture of your account. This does not apply to gifts of GAMEMELA CASH or virtual items.
While using the Service, you may have the opportunity to visit online and in-game (mobile games) “stores” where you can obtain and use Gamemela’s virtual currency, known as GAMEMELA CASH, and digital, in-game items. Anything obtained in our stores is not purchased by you, but rather is licensed to you under the terms of this ToS and the applicable agreements. GAMEMELA CASH has no "real world" value, but may be exchanged for in-game items, Game Cash, Pre-paid code, or Game titles provided by Gamemela or its Licensor. You acknowledge that the GAMEMELA CASH acquired through the Service is not real currency or any type of financial instrument and is not redeemable for any sum of real world money from us at any time. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.
All purchases of GAMEMELA CASH and/or virtual items in our stores are subject to our Terms of Sale policy. All purchases made through third party distribution platforms (e.g., purchases made on Steam) are subject to that third party platform’s terms and conditions.
We have no obligation or responsibility to and will not reimburse you for any item or any GAMEMELA CASH lost due to your violations of this ToS or any other applicable agreement.
Gamemela reserves the right, in its sole discretion, to terminate your access to any or all parts of the Service at any time, without notice, if you fail to comply with these ToS.
3. SERVICE USE
As a condition of your use of the Service, you warrant to Gamemela that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
Gamemela has made available a Code of Conduct which applies to your use of the Service, including your use of the mobile games offered by Gamemela. You agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. We further reserve the right to determine what conduct is outside the "spirit" of the Service and games provided therein.
You agree that you will not (a) obtain or attempt to obtain any information from any part of the Service using any method not expressly permitted by Gamemela; (b) intercept, examine or otherwise observe any proprietary communications protocol used by any part of the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through any part of the Service, including without limitation information about your character, any account registered to you, virtual items, other players, or other Service-related data.
User Generated Content means all communications, images, sounds, and all the material and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text, gameplay clips, and content you make that is based on or utilizes Gamemela’s intellectual property. All User Generated Content is subject to the User Generated Content Policy.
You agree and acknowledge that User Generated Content is specifically NOT governed by Gamemela’s Privacy Statement, and instead is governed by this ToS.
Notifications of claimed intellectual property rights infringement should be sent to Gamemela’s designated agent.
ALL INQUIRIES NOT RELEVANT TO CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT WILL RECEIVE NO RESPONSE IF SENT ACCORDING TO THIS PROCESS.
4. SOFTWARE AND CONTENT AVAILABLE ON THE SERVICE
Gamemela and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
Gamemela owns and shall retain all right, title and interest, including, without limitation, all intellectual property rights, in and to the Service, and all portions thereof including any downloadable software or content made available through the Service. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with Gamemela’s ownership of and rights with respect to the Service. You shall have only those rights in and to the Service as are expressly granted to you under this Agreement.
From time to time the Service may make available certain software and content for you to download or otherwise access. Your use of this software or content, excluding User Generated Content, is governed by the terms of the agreements listed in Section 1 above, as well as the following:
- We hereby grant you a royalty-free, personal, limited, revocable, non-sub licensable, and non-exclusive license to:
- Install a copy of any downloadable software or content on a device under your legitimate control; and
- Access and use the Service solely for your own personal, non-commercial, entertainment purposes.
- No other rights or licenses, whether express or implied, including without limitation any implied patent licenses, are granted by Gamemela. This means, without limitation, that you may not:
- Copy software or content made available on the Service except for a single backup copy and except for incidental reproduction required to run the Service on your device;
- Sell, rent, lease, license, distribute or otherwise transfer or make the Service available to any other person, in whole or in part, or use the Service or any part thereof in any commercial context, including but not limited to use on a commercial website or as part of a commercial service
- The only exception to this restriction is the featuring of parts of the Service on social media channels that are supported by advertising. For more information on this, please see our User Generated Content policy;
- Make available, adapt, publicly perform, or publicly display the Service or any adaptations thereof;
- Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Service or any portion thereof, in whole or in part; provided that decompilation is permitted to the extent required to obtain information required to make the Service interoperable with independently developed software; provided that you will first attempt to obtain such information from Gamemela, you will not use the obtained information for any other purpose and not share it with any third party except to the extent required for such purpose, and otherwise comply with all legal requirements restrictions;
- Remove, disable or circumvent any proprietary notices, labels or access control technology contained on or within the Service or any portion thereof; or
- Export or re-export the Service or any copy or adaptation in violation of any applicable export restrictions or other laws or regulations.
- You are required to keep intact all copyright and other proprietary notices. All third party notices accompanying any software or content are provided for informational purposes only.
- Software and content made available on the Service is owned by Gamemela and/or its third party developers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER CONTENT FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable laws and regulations of India. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to India export restrictions.
4.3 License Termination
The above described license is conditioned on your compliance with all agreements applicable to you, and shall terminate upon the earlier of: (a) your breach of any part of these agreements; or (b) our termination of the Service or the removal of software or content to which the license applies. If you breach any provision of the agreements applicable to you, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some software or content made available through the Service may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may access and use that software or content. You may not remove, delete, or alter any watermark or other digital rights management technology or other information.
5. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GAMEMELA AND/OR ITS RESPECTIVE DEVELOPERS AND SERVICE PRODIVERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. INFORMATION RECEIVED VIA THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GAMEMELA AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT CONTAINED ON THE SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GAMEMELA AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT GAMEMELA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY CONTENT OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT GAMEMELA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT GAMEMELA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL GAMEMELA AND ITS DEVELOPERS AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GAMEMELA OR ITS DEVELOPERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
6. THIRD PARTY SERVICES AND CONTENT
6.2 Social Media.
If you are a registered user of certain social media networks (e.g., Facebook, Twitter, etc.), you may have the opportunity to utilize your social media account data to take advantage of certain features on the Service (e.g., friend search). Your social media account is subject to separate terms and conditions provided by the social media network at issue. If you utilize a social media account connect feature, others will be able to associate your user ID and/or in-game name with your real name on the Service. You hereby acknowledge that neither Gamemela nor the social media network at issue is responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by any particular social media network.
6.3 Links to Third Party Sites.
The Service may contain links to or feeds from websites controlled by third parties ( “Linked Site(s)”). The Linked Sites are not under the control of Gamemela and Gamemela is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Gamemela is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gamemela of the site or any association with its operators.
Any dealings with third parties (including advertisers) included within or available via a link from the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Gamemela shall not be responsible or liable for any part of any such dealings or promotions.
7. MODIFICATION OF THE TOS.
Gamemela reserves the right to change the ToS at any time. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement. If we change the ToS, we will communicate the changes to you before changes are made effective and we will update the Effective Date listed above. Your continued use of the Service after such notification of changes will constitute your acceptance of such changes.
8. DISPUTE RESOLUTION
In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of, this Agreement or any policy, document or agreement incorporated herein ( “Dispute”), you and Gamemela agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to the Dispute (except as set forth in Section 8.4below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.
Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Gamemela will send its notice to your billing address and email you a copy to the email address you have provided to us.
You will send your notice to Gamemela at #1666, 3rd Floor, TKC Enclave, 27th Main Road,, Sector 2, HSR Layout, Bengaluru, Karnataka 560102, Attn: Legal Department.
8.2 Binding Arbitration.
If a Dispute cannot be resolved through negotiations, then the Dispute must be submitted to binding arbitration (except for the circumstances described in Section 8.4). Arbitration of a Dispute shall be a final and binding determination on you and Gamemela. You should review this provision carefully. This arbitration provision limits your and Gamemela’s ability to litigate claims in court and you and Gamemela each agree to waive our respective rights to a jury trial.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND GAMEMELA ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and Gamemela agree that any arbitration shall be limited to the Dispute between Gamemela and you individually. SPECIFICALLY YOU ACKNOWLEDGE AND AGREE THAT:
- A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND GAMEMELA;
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
- YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY CLAIM SUBJECT TO ARBITRATION.
Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.
8.4. Exceptions to Negotiations and Arbitration.
You and Gamemela agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
- any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Gamemela’s intellectual property rights;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
- any claim for injunctive relief;
- any claim within the jurisdictional limits of the small claims courts;
- any claim you are authorized to bring to the attention of any central, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from us on your behalf; and
- any claim you are authorized by applicable mandatory local law to bring to the attention of a court.
8.5. Location of Arbitration.
Any arbitration will take place at any reasonable location within Bangalore, Karnataka, Republic of India.
8.6. Governing Law.
Any Dispute arising hereunder shall be resolved in accordance with the law of India. You agree that any claim asserted in any legal proceeding by you against Gamemela shall be commenced and maintained exclusively in court located in Bangalore, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. The application of any international law or treaty is expressly excluded, regardless of your place of residence.
8.7. Attorneys' Fees.
If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorney fees paid or incurred in good faith.
8.8. Severability of Dispute Resolve.
You and Gamemela agree that if any portion of this Section 8 is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 8 shall be given full force and effect. Any Dispute subject to any such portion of this Section 8 shall be decided by the arbitrator.
9. GENERAL PROVISIONS
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Gamemela. Gamemela may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
9.5. Captions and Section Headings.
The captions and section and paragraph headings used in this ToS are inserted for convenience only and shall not affect the meaning or interpretation of this ToS.
9.6. Equitable Relief.
You acknowledge and agree that due to the unique nature of this Agreement, there can be no adequate remedy at law to compensate Gamemela for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Gamemela resulting in irreparable harm to Gamemela that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Gamemela shall be entitled to seek injunctive and other appropriate equitable relief (without the necessity of proving actual damages, except where prohibited by applicable mandatory laws, or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.
9.7 No Waiver.
Our failure to enforce any provision of this ToS or any applicable agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS or any applicable agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
10. CONTACT US
we can be reached through use of our Customer Support portal, which is located at www.gamemela.com.
In addition, we can also be reached through following address.
Attn: Customer support team
#1666, 3rd Floor, TKC Enclave, 27th Main Road,
Sector 2, HSR Layout, Bengaluru, Karnataka 560102, India
Terms of Sale
For those customers who obtain Gamemela Cash or merchandise through Gamemela.Com. This policy does not apply to any merchandise or virtual currency obtained through a third party distribution platform (e.g., Steam). Merchandise or virtual currency obtained through a third party distribution platform are subject to the rules and requirements posted on that third party platform.
You should carefully read the following Terms of Sale (“Terms of Sale“). By obtaining Gamemela Cash or virtual items through Gamemela’s service, you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.
Terms of Sale Applicable to all Gamemela online purchases
Any prices, quotations and descriptions made or referred to on our service do not constitute an offer and may be withdrawn or revised at any time prior to Gamemela’s express acceptance of your order (as described below). Gamemela reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
2. Payment and refund
Different payment methods, such as credit card, debit card, direct debit, Cash on Delivery, etc. may be available to you when obtaining Gamemela Cash through Gamemela’s service. When you use third party payment and billing providers, that provider’s additional terms, and costs, apply. It is your obligation to pay all Central, State and local taxes associated with the receipt or use of the digital goods which you purchase from Gamemela.
Once the delivery of Gamemela cash to your account has been made, Gamemela cash cannot be refunded. However, if there is any delay in delivery of Gamemela cash or any product within 24 hours from you raising a ticket to our customer support center at www.gamemela.com or 48 hours from the payment, you may raise a refund request and Gamemela will give a refund of the amount which you have faced such a delay. You may contact us through our customer support or online payment gateway and within 24 hours from the receipt of refund request, we will initiate the refund.
We don’t accept refund request by a simple change of mind. But if a user completes the cancellation of the payment without consent of Gamemela before the delivery of Gamemela Cash or product, Gamemela will deduct Gamemela cash or purchased product of cancelled payment immediately. However, if the balance of Gamemela cash is not enough or if the user doesn’t have the purchased item in his/her account, Gamemela will detain your account.
Gamemela service uses Indian Rupees(INR) as the main currency to purchase Gamemela cash and virtual goods online from Gamemela.
4. Gamemela Cash
While using the Service, you may have the opportunity to visit online and in-game “stores” where you can obtain and use Gamemela’s virtual currency, known as Gamemela Cash. Gamemela Cash has no "real world" value, but may be exchanged for other virtual currencies or in-game items and privileges. You acknowledge that the Gamemela Cash acquired through the Service is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.
Certain minimums may apply to purchases of Gamemela Cash, and certain maximums may apply depending on your transaction method. For example, credit transactions may be limited to no more than Rs. 100,000 per day. Gamemela reserves the right to change the maximum and minimum amounts applicable to Gamemela Cash purchases at any time.
5. Virtual Items
While using the Service, you may have the opportunity to directly purchase digital contents or digital items, or to exchange Gamemela Cash for those items. Any virtual items obtained in our stores is not purchased by you, but rather is licensed to you under the terms of this Terms of Sale and the other applicable agreements. Virtual items have no "real world" value. You acknowledge that the virtual goods acquired through the Service are not your property and are not redeemable for any sum of money from us at any time. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED.
6. Expiration of Gamemela Cash
Gamemela cash you acquired by making payment with whatsoever the payment won’t expire. However, Gamemela may in the future put expiry condition for Gamemela cash you may acquire by event, promotion, cashback , or anything other than making payment using real world cash.
Gamemela may, from time to time, change, modify or update these Terms of Sale, and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review the Terms of Sale before any purchase. For easier reference, Gamemela will change the “Last revised” date above.
The Terms of Sale shall be governed by and construed in accordance with the law of India excluding its conflicts of law rules