ARJUNSOFT GAMES- TERMS & CONDITIONS
Acceptance of These Terms of Service
BY DOWNLOADING, INSTALLING, OR USING ARJUNSOFT GAMES("SERVICE"
, "ARJUNSOFT GAMES ", "we", "us",
"our"), YOU AGREE TO BE BOUND BY BOTH THESE TERMS OF SERVICE
("TOS") AND THE ARJUNSOFT GAMESPRIVACY POLICY. YOU CAN CHECK THE
MODIFIED VERSION FROM THE SOFTWARE OR THE OFFICIAL WEBSITE. YOU UNDERSTAND AND
AGREE THAT IF YOU CONTINUOUSLY USE ARJUNSOFT GAMESAFTER THE DATE ON WHICH the
TOS HAVE CHANGED, ARJUNSOFT GAMESWILL TREAT YOUR USE AS ACCEPTANCE AND
COMPLIANCE WITH THE UPDATED TERMS.
ARJUNSOFT GAMES may also offer other services that are
governed by different TOS. In such cases the other TOS will be posted on the
relevant service to which they apply.
If you do not agree with the TOS, please do not use or access ARJUNSOFT
GAMES.
Your Registration and Account
If you are under the age of 13, you must not use our services. If
you are between the ages of 13 and 18 (or the relevant age in your jurisdiction
where you are considered a minor), your parent or guardian must agree to the
TOS (both for themselves and on your behalf) before you can use our services.
If you are using our services on behalf of a company, partnership, association,
or other organization ("organization"), you warrant that you are
authorized to do so and that you are authorized to bind your organization to
the TOS and in such circumstances "you" will include your
organization.
You also agree to provide true, accurate, current and complete
information about yourself as prompted by the ARJUNSOFT GAMESService's
registration (at ARJUNSOFT GAMESneed or request in its sole discretion).
You are entirely responsible for maintaining the security and
confidentiality of your information and password. You agree that you will
immediately notify ARJUNSOFT GAMESshould your password or any of your
information be compromised and of any such unauthorized use. ARJUNSOFT GAMEScannot
and will not be liable for any loss or damage arising from your failure to
comply with this Section.
Privacy Policy
Your using or accessing ARJUNSOFT GAMESis also governed by ARJUNSOFT
GAMESGroup's Privacy Policy, which is incorporated herein by reference. Your
privacy is important to us. We designed ARJUNSOFT GAMESPrivacy Policy to make
important disclosures about how we collect and use your information. We
encourage you to read the ARJUNSOFT GAMESPrivacy Policy carefully and use it to
make informed decisions.
Content and Submissions
When you provide any submissions to ARJUNSOFT GAMES, you
understand and accept complete responsibility for your submissions, including
any and all consequences that may arise. As such, you represent and warrant
that you: own or have secured all necessary licenses, rights, consents and
permissions for such submissions and authorize ARJUNSOFT GAMESto make use of
these submissions in the manner contemplated by the TOS.
By using the Service, you may be exposed to content that is
offensive, indecent or objectionable. Under no circumstances will we be liable
for your content or the content of any third party, including, but not limited
to, for any errors or omissions in your content, or for any loss or damage of
any kind incurred as a result of the use of any content posted, transmitted or
otherwise made available via the Service. You acknowledge that we do not
pre-screen content, but that we shall have the right (but not the obligation)
to refuse, move or delete any content that is available via the Service.
We shall also have the right to remove any content that violates
the TOS or is otherwise objectionable in our sole discretion. You must
evaluate, and bear all risks associated with, the use of any content. You may
not rely on any content created by us. You acknowledge and agree that we may
preserve content and may also disclose content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any content violates the rights of third-parties; or (d)
protect our rights, property, or personal safety and those of our users and the
public.
Prohibited Content Submissions
You may not create a user name, post, upload, email or otherwise
transmit to ARJUNSOFT GAMESSubmissions of any kind that is, within the sole
discretion of ARJUNSOFT GAMES , determined to be commercial, illegal,
offensive or potentially harmful to others including but not limited to content
that:
infringes upon the rights of any third party, including but not
limited to copyrights, trademarks, patents, trade secret, design rights, moral
rights or other third party proprietary rights, including privacy and publicity
rights;
promotes the infringement of copyright or other third party
rights, e.g., providing a list of hyperlinks to websites that contain pirated
software or media files, hacking/cracking, etc.;
contains software viruses or any other malicious computer code,
files or programs designed to interrupt, destroy or alter the functionality of
any computer software or hardware or telecommunications equipment owned by
another party;
is offensive, abusive, threatening, harassing, stalking, promoting
violence or racism or harm or hatred or bigotry against any group or individual;
is libelous or defamatory or promotes information that you know is
false or illegal;
violates the privacy of others, including but not limited to
posting the photograph of another person without that person's consent;
is obscene, vulgar or contains profanity;
is pornographic or sexually explicit or contains nudity;
exploits or attempts to exploit people in a sexual or violent
manner;
disparage ARJUNSOFT GAMESor any third party;
is or contains an advertisement, a marketing initiative,
solicitation of a business, or otherwise significantly connected with any
commercial purpose;
involves the transmission of any unsolicited mass mailing
including but not limited to "junk mail", "chain letters"
and "spam";
contains restricted or password only access pages;
sells, promotes or encourages the use of beer or hard alcohol,
tobacco or related products, prescription drugs, narcotics or drug
paraphernalia, replicas or imitations of designer goods, weapons (including
firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling
or casino-related content;
is unlawful or illegal, criminal or tortuous in nature (such as
child pornography, fraud, gambling);
is otherwise objectionable material or that encourages conduct
that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or international law or
regulation.
Intellectual Property Rights
When you provide Submissions to ARJUNSOFT GAMES , you still
retain all of your rights of ownership in your Submissions. However, by
uploading, posting or otherwise transmitting your Submissions on or to ARJUNSOFT
GAMES , you grant ARJUNSOFT GAMES(and its successors) a royalty-free,
perpetual, irrevocable, transferable, worldwide, exclusive right (themes) and
license to use, license, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, derive revenue or other remuneration from,
communicate to the public, perform and display the content (in whole or in
part) and/or to incorporate it in other works in any form, media, or technology
now known or later developed, for the full term of any rights that may exist in
such content. You also permit any subscriber to access, display, view, and
store and reproduce such content for personal use, as permitted by the Service
and under these Terms of Service.
Other than Submissions you provide to ARJUNSOFT GAMES , all
content, software, scripts, images, graphics, audio, video and other materials
in any form (collectively, "ARJUNSOFT GAMESContent") are protected by
copyrights, trade or service marks, patents or other proprietary rights and are
owned by or licensed to ARJUNSOFT GAMES , subject to intellectual property
rights. You understand and agree that all ARJUNSOFT GAMESContent is provided to
you solely on an AS IS basis for your personal use only and may not be copied,
reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used
or exploited for any purpose and in any manner without the prior written
consent of ARJUNSOFT GAMESor the respective owners. ARJUNSOFT GAMESreserves all
rights not expressly granted to you. If you download, print or display any ARJUNSOFT
GAMESContent for personal use, you must retain all copyright and other
proprietary notices.
You may not (and you may not permit anyone else to) take actions
directly or indirectly that infringe or may infringe intellectual property
rights and related interest of ARJUNSOFT GAMES(including but not limited to
exploiting, assigning the referenced intellectual property rights above or
permitting anyone else to do so). ARJUNSOFT GAMESreserves the right to charge
the tort liabilities.
You may not (or entrust a third party), whether on non-profit
purpose or not, reverse engineer, decompile or attempt to derive source code of
the Software, or create derivative works of product, services, plugins,
extensions, compatibility, interconnection behaviors, etc. ARJUNSOFT GAMESreserves
the right to charge the tort liabilities, unless you have been granted by ARJUNSOFT
GAMESin writing.
Violations of Intellectual Property Rights and Terms of Service
Provided with proper notification and documentation, ARJUNSOFT
GAMESwill remove any Submission that infringes upon the intellectual property
rights of another and reserves the right to remove any Submission without prior
notice. ARJUNSOFT GAMESassumes no responsibility for monitoring the Service. In
the event ARJUNSOFT GAMESchooses to review any Submission (such review is
solely within ARJUNSOFT GAMESdiscretion), ARJUNSOFT GAMESassumes no
responsibility for the Submissions or any obligation to remove any
inappropriate Submissions or any responsibility for the conduct of a member
submitting inappropriate Submissions. At its sole discretion, ARJUNSOFT GAMESmay
remove any Submission and/or terminate a member's account for violating any of
these Terms of Service at any time and without notice. ARJUNSOFT GAMESreserves
the right, but not the obligation, to take any appropriate legal action for any
illegal or unauthorized use of the Service or violation of the Terms of Service.
2.
Claims of Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please notify ARJUNSOFT GAMES's Agent for Notice of
claims of copyright or other intellectual property infringement
("Agent"), at:
ARJUNSOFT GAMESCopyright Agent
Email: creativeworldapps@gmail.com
Please provide our Agent with the following Notice:
Identify the copyrighted work or other intellectual property that
you claim has been infringed;
Identify the material on ARJUNSOFT GAMESthat you claim is
infringing, with enough detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf of
that owner;
Your address, telephone number, and email address;
Your physical or electronic signature.
ARJUNSOFT GAMESAgent will forward this information to the alleged
infringer. It is ARJUNSOFT GAMESpolicy to terminate the accounts of repeat
infringers.
Termination
Should you violate or breach the TOS, ARJUNSOFT GAMESreserves the
right, at its sole discretion and without notice, to suspend or terminate your
account, any and all content and information you may have provided and your
ability to access any part of ARJUNSOFT GAMES . The termination will not
affect the obligations and liabilities you should assume before the termination.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. UNLESS EXPRESSLY SET FORTH HEREIN, ARJUNSOFT
GAMESMAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER,
INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY
DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. ARJUNSOFT GAMESDOES NOT
WARRANT THE RESULTS OF USE OF THE SERVICE, AND YOU ASSUME ALL RISK AND
RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARJUNSOFT GAMESAND ITS
AFFILIATES, SUBSIDIARIES, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR RELATING TO THE BREACH OF THE TOS OR THE USING OF SERVICE,
EVEN IF ARJUNSOFT GAMESHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold ARJUNSOFT GAMESand its affiliates,
subsidiaries, employees and agents harmless from and against any third-party
claim and any related losses, costs, liabilities and expenses, including
reasonable attorneys’ fees, arising out of the breach of any representations,
warranties or covenants made by you.
Governing Law and Disputes Resolution
Except to the extent that: (i) any applicable additional terms
incorporated into these Terms provide differently, or (ii) the applicable laws
and regulations of your jurisdiction mandate otherwise, the TOS and any dispute
or claim arising out of or in connection with the TOS will be governed by the
laws of the People’s Republican of China.
Any dispute, controversy or claim (whether in contract, tort or
otherwise) arising out of, relating to, or in connection with the TOS,
including their existence, validity, interpretation, performance, breach or
termination, will be referred to and finally resolved by arbitration
administered by the China International Economic and Trade Arbitration
Commission (CIETAC), and the place of arbitration shall be in Beijing. Within
the valid period for the arbitration, such arbitration tribunal shall subject
to the arbitration rules of the CIETAC in effect at the time of the
arbitration. The award of the arbitration tribunal shall be final and binding
upon the two parties.
Please contact us at ARJUNSOFT GAMES should you have any
questions regarding these Terms of Service.
Contact us
If you have any suggestions, feedback or requests, please email us
at arjunsoftgames@gmail.com
