GAMEBERRY



TERMS OF SERVICE

These user terms and conditions (“T&Cs”) apply to Your access to, and use of the online services including mobile applications and websites (“Services”), provided by Gameberry Labs Private Limited, and its subsidiaries, licensees, and affiliated companies (“Gameberry”).

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the Services, You are consenting to be bound by these T&Cs for use and access of the Services. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of these T&Cs, then please don’t continue usage or avail any of the Services. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND GAMEBERRY IN RESPECT OF THE SERVICES. By accepting these T&Cs, You also allow Gameberry to send You promotional emails and SMS alerts from time to time.


1. DEFINATIONS

All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

2. INTERPRETATION

3. ELIGIBILITY

4. LIMITED LICENSE

Subject to your agreement and continuing compliance with these T&Cs and any other relevant Gameberry policies, Gameberry grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these T&Cs to access and use the Service using a Gameberry supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

You understand that while at times you may “earn” "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these T&Cs is a completed transaction upon receipt of your direct payment or redemption of a Gameberry game card or a third party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

5. REGISTRATION AND ACCOUNT

6. USE OF SERVICES

You agree, undertake and confirm that Your use of the Services shall be strictly governed by the following binding principles:

7. CONTENT POSTED ON SERVICES AND INTELLECTUAL PROPERTY

8. THIRD PARTIES/ OTHER BUSINESSES

9. LINKS

You must not use, on Your site or in any other manner, any trademarks, service marks or any other materials appearing on the Services, including any logos or characters, without Our express written consent and the consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Services, without Our prior written consent.

10. FEES AND PURCHASE TERMS

11. TERMINATION AND EXPIRY OF THE ACCOUNT

We reserve the right to modify, terminate or suspend the Services to You at any time, without prior notice, due to any changes in Our internal policy or the Applicable Laws or any breach of these T&Cs by You, or for any reason whatsoever. You can exit using the Services and/or terminate Your Account by submitting a request to Us at support@gameberrylabs.com. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all transactions that occurred prior to termination of Your Account.

12. PRIVACY AND SECURITY

13. NOTICE AND COMMUNICATION

14. DISCLAIMERS

15. INDEMNITY AND LIMITATION OF LIABILITY

16. FORCE MAJEURE

17. COPYRIGHT COMPLAINT

We respect the intellectual property of others. In case You feel that Your work has been copied in a way that constitutes copyright infringement, You can write to Us at support@gameberrylabs.com.

18. WAIVER

Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.

19. REVISION OF T&Cs

20. CUSTOMER GRIVEVANCE REDRESSAL POLICY

21. SEVERABILITY

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

22. ASSIGNMENT

Gameberry may assign or delegate these T&Cs and/or the Gameberry Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the T&Cs or Privacy Policy without Gameberry’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

23. SUPPLEMENTAL POLICIES

Gameberry may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these T&Cs.

24. ENTIRE AGREEMENT

These T&Cs, any supplemental policies and any documents expressly incorporated by reference herein (including Gameberry’s Privacy Policy), contain the entire understanding of you and Gameberry, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.

25. LANGUAGE

If we provide you with a translation of the English language version of these Terms, the Gameberry Privacy Policy or any other policy (collectively “Gameberry Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Gameberry Policies.

In the event of a conflict between a translation of the Gameberry Policies and the English version, the English version of the Gameberry Policies will control.

26. EQUITABLE REMEDIES

27. GOVERNING LAW AND DISPUTE RESOLUTION