Effective Date : November 2020
Last Updated : November 2020
The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between you and Tera Bhai Entertainment, its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors (collectively, “TBE” or “We” or “Us”) and applies to your access to and use of our website, https://terabhai.com/ and any other mobile applications, websites, games and/or any services related to games that are made available by TBE on the Apple App Store, Google Play App Store, any distribution Partners web and mobile platforms Amazon App Store or on Facebook (collectively, the “Services”).
When you access the Services, you may be required to register an account (“Account”). When you register an Account or when you use or access our Services in any capacity, you represent that you are at least 13 years old (or at least 16, if you reside in the EU) and that you understand and agree to these Terms of Service. If you are under the age of 18, you agree that you have gotten permission from a parent or guardian to use our Services. If you access the Services through a Third-party platform like Apple, Google, [Amazon] and/or from a Social Networking Site (“SNS”) such as Facebook or Google, you are obligated to comply with the third-parties’ terms and conditions as well as these Terms of Services.
This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.
2. Changes to Terms or Services
3.1. Grant of a limited license to use the Services
The Services are available for use only by authorized end-users in accordance with the terms and conditions set forth in this Agreement. TBE grants limitations provided herein to access and use the Service using a personal computer for the Service or a mobile device for the Apps solely for your individual, non-commercial entertainment purposes. Except as may be expressly permitted by TBE, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.
3.2. Conditional License
You specifically agree to the following license restrictions in connection with the Services:
– If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian. You may not use our Services in any capacity if you are under 13 years old (or under 16 years old if you reside in the EU). If you help someone who is under 13 (or under 16 years old in the EU) to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
– If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services.
– You are prohibited from using our Services for commercial purposes.
– You are prohibited from using our Services to advertise, solicit, or transmit any commercial advertisements, which include but are not limited to chain letters, junk, spam, or repetitive messaging (both targeted and un-targeted).
– You are prohibited from creating an Account on someone else’s behalf.
– You are prohibited from creating an Account using inaccurate or false information.
– You are prohibited from renting, selling, gifting, or giving away your Account or Account- related information.
– You are prohibited from selling or transferring prizes or rewards obtained in connection with the Services to any other person or entity.
You further agree and undertake that under no circumstance will you:
– Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms of Service.
– Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems or networks.
– Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means (e.g., by posting links to such content).
– Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person, group, our employee(s) or our Services, or engage in any acts in violation of other publicly posted TBE policies (e.g. forum rules).
– Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.
– Use our Services to post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information.
– Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.
– Scrape, harvest, or extract data from the Services.
– Seek to obtain advantage or information from our Services using methods not expressly permitted by TBE.
– Engage in solicitation or attempted solicitation of personal information from other users of our Services.
– Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.
– Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods or any unauthorized third party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.
– Impersonate another person, including without limitation any other user or any TBE employee.
– Use our Services to violate any applicable law or regulation.
– Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.
Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights. TBE reserves the right to determine whether one’s conduct violates this Agreement, including the intent or spirit of the Terms of Services or the Services, at its sole discretion. TBE also reserves the right to take any action it deems appropriate as a result, which may include forbidding you access to the Services, terminating your account and/or limiting your access to the Services.
3.3. Login Information and Your Account
To access to the Services, you may need to create a user Account, and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account, including, but not limited, to the use of your credit card and other payment systems. Thus, TBE strongly encourages you to keep your password safe and never to give your Account information to anyone else. If another user you share your Account with makes purchases on your Account with your purchase information, then you will be responsible for that purchase.
3.4. License Term
The term of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earlier date of either your disposal of the license or termination of this Terms of Services by TBE.
3.5. Suspension and Termination of Services
Without limitation to any other remedies, TBE may delete, suspend, terminate, limit or modify accounts or access to the services or any portions thereof if TBE suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the loss of your account, information, persona, benefits and in-game purchases. TBE is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this.
TBE may also stop offering and/or supporting the Services, including, but not limited to, any particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, TBE shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued or terminated Services. Such actions may also result in termination of your Account, disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.
4. Ownership and User Content
4.1. Games and Services
All rights, title and interest in and to the Services (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games played using a TBE game client and the TBE game clients and server software) are owned solely by TBE. TBE reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its games and the Services.
Notwithstanding any provision to the contrary herein, you also acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from TBE, or any other attributes associated with an Account or stored on the Services.
4.2. User Accounts
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and will forever be owned by and inure to the benefit of TBE.
4.3. User Content
“User Content” means any communications, images and sounds and all the material, data and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. You hereby grant to TBE and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you. TBE will not have any liability or responsibility for any user behaviour or for monitoring User Content or inappropriate conduct in the Services. TBE does not screen or monitor User Content submitted on the Services. The users of the Services bear all risk associated with its use, including, but not limited to, exposure to offensive and indecent content.
Though it is not obligated to, TBE reserves the right in its sole discretion to monitor, prohibit, review, edit, delete and/or disable access to or make unavailable any User Content without notice for any reason or for no reason at any time for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.
4.4. Public Forums
TBE provides fun pages, forums, blogs and chat features in the Services, in which users can post information. Users may post topics of interest, general information, comments and sometimes even personal information in these mediums. You understand that TBE is not responsible for any information posted in the Services or whether others will view your information, comments and topics in the same light. Please do not submit, upload, write or transmit any information in the Services you deem to be confidential. TBE does not and will not bear any responsibility or liability of the use of any such information. Furthermore, no compensation will be provided for any ideas, schemes or uses of any information provided in these medium.
4.5. User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. TBE reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with TBE to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting TBE access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and TBE’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
5. Fees and Purchase Terms
5.1. Virtual Items
You may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency,” including but not limited to virtual cash, in-game coins and all other kinds of in-game monies, all for use in the games; (b) virtual in-game items (virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from TBE or its authorized partners through the Services, not in any other way.
You understand that TBE has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. TBE shall have no liability to you or any Third Party in the event that TBE exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.
Except when explicitly authorized by TBE, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) TBE does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if TBE discontinues providing the Services.
You agree and undertake that you will not assert or bring any claim against TBE, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.
5.2. Fees, Refunds and Return Policy
All sales through the Service are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. TBE does not issue any refunds or offer any exchanges of any products purchased on or through the Services.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
TBE may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the game or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.
6. Updates to the Services
You acknowledge and agree that TBE may update the Services and the games you have installed on your computer or mobile device with or without notifying you.
7. Third-party Services
The Services or/and the games may include links to third-party services and/or the third-party services may be made available to you via the Services or the games. The third-party services may include, but are not limited to, gameplay recording and sharing, social medial connectivity and the like. You acknowledge and agree that third-party services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions because they constitute an agreement between you and the applicable third-party service provider.
TBE welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com or by posting your Feedback on “Customer Review” within the games or on the app-store pages. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to TBE to copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. Warranty Disclaimers
WITHOUT LIMITING TBE’s LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICEs are PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TBE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
To the maximum extent permitted by law, TBE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICES OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TBE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TBE IN ACCORDANCE WITH THESE TERMS OF SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO TBE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND TBE’s EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TBE IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of these disclaimers and limitations may not apply to you. To the extent that TBE may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of TBE’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Services shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any fraud of TBE.
You agree to indemnify, defend and hold TBE harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Terms of Services. TBE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TBE, and you agree to cooperate with TBE’ defense of these claims. TBE will make reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
12. Dispute Resolution and Applicable Law
If a dispute arises between you and TBE, TBE strongly encourages you to first contact TBE directly to seek a resolution by opening a help ticket directly in-game via the help section or contact TBE at firstname.lastname@example.org.
You agree that all disputes between you and TBE shall be governed by the laws of India by a court located in Mumbai without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.
13. No Class Actions
You and TBE can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST TBE IN YOUR INDIVIDUAL CAPACITY.
– neither you nor TBE may bring a claim as a plaintiff or class member in a class action, consolidated action or representative action;
– the arbitrator or court cannot combine more than one person’s claim into a single case and cannot preside over any consolidated, class or representative arbitration proceeding (unless you and TBE both agree to change this); and
– the arbitrator’s or court’s decision or award in one person’s case can only impact the person who brought the claim, not other users of the Services, and cannot be used to decide other disputes with other users.
16. Supplemental Policies
TBE may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Services.
17. Entire Agreement
18. No Waiver
Except as expressly and specifically set forth in these Terms of Services, no representations, statements, consents, waivers or other acts or omissions by TBE shall be deemed a modification of these Terms of Services nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of TBE.
19. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Services to TBE are of a unique and irreplaceable nature, the loss of which shall irreparably harm TBE and that cannot be replaced by monetary damages alone, so that TBE shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services or the games, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any), limited by Sections 5.2 and 11.
20. Force Majeure
TBE shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond TBE’s control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You agree that your use of the Services does not constitute any joint venture, partnership, employment or agency relationship between you and TBE as a result of this Agreement.