Terms Of Use GamelyVilla
GamelyVilla
Terms Of Use
1.
Introduction
GamelyVilla
game development organisation is solely dedicated to giving the best
service to our users while ensuring to guarantee their integrity and
security.
The
terms of this agreement regulate the relationship between you and
GamelyVilla regarding your use of GamelyVilla's games, website and
the service provided on or through the Websites and/or accessible
through various desktop and mobile web browsers, locally installed
mobile web applications including but not limited to Games,
third-party platforms, including social networking sites, and various
API services and other services that we may offer from time to time,
including without being limited to social, online and/or other games
and applications, community forums and blogs.
The
right to use GamelyVilla service is subject to your compliance with
all the terms and conditions illustrated below:
Use
of this services is also governed by GamelyVilla's Privacy Policy,
which is also available at our website and described these Terms Of
Use.
You
may also need to register an account before accessing or using our
services,
By
installing, using or accessing our service, you agree to these terms
of use and the privacy policy. If you do not agree to these terms of
use or to the privacy policy then please do not install, use or
access our service.
By
registering an account or otherwise using any GamelyVilla's service,
You attest to be 13 years old or older and confirm that you
understand and agree to these terms of use. If You are between 13 and
17 years old, you attest that your legal guardian has reviewed and
agreed to these Terms.
GamelyVilla
reserves the right, at its sole discretion, to change, modify, add or
remove parts or sections of these Terms of Use and the related
Privacy Policy at any time, by posting the revised terms on the
Usage. You will be considered to have accepted such changes by
continuing to use the services. If at any point, You do not agree to
any part of the then-current version of our Terms of Use OR the
Privacy Policy, or any other GamelyVilla policy, rules or codes of
conduct, You may not install, access and/or use the services and You
are requested to promptly stop using them and to erase/delete any
Application, and any part thereof, from your device.
2.
Conditions Of License To Users
2.1 General
Conditions
Upon
your agreement and continuing compliance with these Terms of Use, the
Privacy Policy, and the Supplemental Policies, GamelyVilla grants you
a non-exclusive, non-transferable, non-sublicensable, revocable and
limited license to install, access and use the services for your own
non-commercial entertainment purposes. You hereby agree not to use
the services for any other purpose.
The
licenses provided by GamelyVilla to the users of the services are
subject to the following restrictions:
-
You
shall not access the services if You are under the age of 13. You
shall restrict use by minors, and You will deny access to children
under the age of 13. You accept full responsibility for any
unauthorized use of the service by minors.
-
You
are responsible for any use of your credit card or other payment
instruments by minors;
-
You
shall not sell, rent, share or give away your account, nor create an
account using a false identity or information or on behalf of
someone other than yourself;
-
You
shall not use the services if you have been previously banned from
playing or using any GamelyVilla Application; and
-
You
shall not use the services to advertise or transmit any commercial
advertisements to anyone, include chain letters, junk or spam e-mail
or repetitive messages.
2.2 Account
Creation
When
creating your account, You will be required to elect a username and a
password, which You will have to enter whenever you desire to access
such an account. You shall not disclose your login information nor
let anyone else access your account or do anything else that might
risk the security or integrity of your account. If you have any
reason to suspect or become aware of any breach in the security of
your account, including but not limited to any loss, theft, or
unauthorized disclosure of the login information, you must
immediately notify GamelyVilla and change your login information.
You
are solely responsible for maintaining the confidentiality and
integrity of the login information and you will be responsible if it
is used or accessed by others, including but not limited to purposes
of in-application purchases, whether or not authorized by you. In
other words, you are responsible for anything that happens through
your Account.
GamelyVilla
reserves the right to delete or reclaim any username at any time and
for any reason, including but not limited to claims by a third party
that a username violates such third party’s privacy rights.
Do
note that the services support only one account per game on a
supported device.
2.3 License
Restriction
Any
use of the services that are not in accordance with the restrictions
and rules provided by this Terms Of Use is strictly prohibited. We
reserve the right to immediately deny or revoke your license to the
services if you violate any of the terms described herein and we may
also hold you liable for any violations of the law.
In
order to have access to the services You may not, under any
circumstances:
-
Engage
in any act that GamelyVilla considers to be in conflict with the
spirit or intent of the services, or make improper use of
GamelyVilla support services;
-
Use
cheats, exploits, automation software, bots, hacks, mods or any
unauthorized software designed to modify or interfere with the
services, or, without GamelyVilla's express consent, modify or alter
any portions or sections of the services;
-
Interrupt,
overburden, aid or assist in the interruption or overburdening of
any device or server dedicated to assist or support the functioning
of the services;
-
Employ,
assist, or become involved in any type of attack, including but not
limited to virus distribution, denial-of-service attacks, or other
attempts to interfere with the services or to disturb any other
person’s use of the services;
-
Attempt
to gain unauthorized access to the services, to accounts registered
to third parties or to the computers, servers, or networks connected
to the services, by any means other than the user interface provided
by GamelyVilla, including but not limited to attempts or actions to
circumvent or modify, or to encourage or assist third parties to
circumvent or modify, any security feature, technology, device, or
software that is part of the services;
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Post
anything on the services that is somehow abusive, threatening,
obscene, defamatory, racist, sexist, religiously intolerant, or
otherwise offensive;
-
Post
any data on the services that contain nudity or excessive violence,
or which contains a link to such kind of content;
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Harass,
abuse, or harm, or advocate or incite harassment, abuse, or harm to
another person or group, including GamelyVilla's employees and
customer service representatives;
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Transmit
or post on the services any material or information that infringes
any copyright, trademark, patent, trade secret, a right of privacy,
a right of publicity, or any other right of any person or entity,
especially through the impersonation of such person, including but
not limited to a GamelyVilla's employee;
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Reverse
engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for any underlying software or other
intellectual property used for the provision of the services, or to
obtain any data from the services using any method not expressly
permitted by GamelyVilla;
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Transgress,
disobey or fail to comply with any applicable international or
domestic legislation;
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Solicit,
collect, steal, extort or attempt to solicit, collect, steal or
extort any personal information from other users or to post anyone’s
private information on the services, including personally
identifiable information, identification documents, and financial
data.
GamelyVilla
reserves the right to indicate what conducts it deems to be in
contradiction to these terms of use OR to the intent of the services
themselves. GamelyVilla reserves the right to take action as a
result, which may include without being limited to deleting your
account and prohibiting you from using the services.
-
License
Suspension and Termination
Without
limitation to any other remedies or actions, GamelyVilla reserves the
right to restrict, modify, suspend, or delete accounts or to limit
the access to the services or its portions thereof, with or without
notice to you, if you are, or if GamelyVilla suspects that you are,
failing to comply with any of the GamelyVilla's terms, or that you
are taking part in any actual or suspected illegal or improper use of
the services. GamelyVilla may, at its sole discretion, reclaim or
delete your username, display name, and avatar as a result of account
termination or restriction, as well as revoke any benefits,
privileges, earned items and purchased items associated with your use
of the services, and GamelyVilla has no obligation to compensate you
for any loss or damage resulting from such restrictions or
revocations.
Without
limitation to any other remedies or actions, GamelyVilla reserves the
right to limit, suspend or terminate the accounts and services or
portions thereof, with or without giving notice to you, prohibit
access to our games and websites, delay or remove hosted content, and
take technical and legal actions to prevent Users from accessing and
using the services if We believe that they are violating any law,
infringing any third parties’ intellectual property rights, or not
acting in accordance with the intent of the GamelyVilla Terms.
GamelyVilla
may also terminate any account that has been inactive for 150 days.
GamelyVilla
may, at any time and at its sole discretion, stop offering and/or
supporting the services or any of its parts thereof, at which point
your license to use the services or its ports thereof will be
automatically terminated. GamelyVilla shall not be liable for
providing any refunds, payments or other compensation to You due to
such termination of the services.
You
may delete your account at any time and for any reason by properly
informing GamelyVilla that you wish to terminate your Account.
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License
Ownership
-
Services
You
have obtained a license to use the services and your rights are
subject to these Terms Of Use, to the Privacy Policy and to the
Supplemental Policies. You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights related to all
material or content supplied as part of the services shall remain at
all times owned by GamelyVilla or by their respective third party
owners. You are permitted to use this material only as expressly
authorized by GamelyVilla or by the Licensors. You acknowledge and
agree that the material and content within the services are made
available for your personal non-commercial use only.
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Copyright
& Trademarks
The
Intellectual Property Rights related to the services and the
materials on or accessible via them are owned by GamelyVilla or its
Licensors. The services and the materials on or accessible via them
and the Intellectual Property Rights therein may not be copied,
distributed, published, licensed, used or reproduced in any way.
The
brand name “GamelyVilla” and the GamelyVilla logo are trademarks
owned by GamelyVilla, and they may not be used, copied or reproduced
in any way without written consent from us.
All
trademarks not owned by GamelyVilla are the property of their
respective third-party owners and are used with their permission.
Nothing contained on the services may be construed as granting, by
implication, estoppel, or otherwise, any right or license to use any
trademark.
For
the purposes described above, the Intellectual Property Rights
include but are not limited to any patent, software, trademark, trade
name, service mark, service name, design, design right, copyright,
sequence and arrangement of items, database rights, moral rights,
know-how, trade secret and other confidential information, rights
related to any of these items in any country, unfair competition
rights and rights to sue for passing off or other similar
intellectual or commercial right and registrations of and
applications to register any of them.
-
Virtual
Items
GamelyVilla
owns, has licensed, or otherwise has rights to use all content
featured or originated in the services. You agree that you have no
right or title to any content featured or originated in the services,
including but not limited to 'Virtual Currency', whether virtual
cash, diamonds or other, and 'Virtual In-Game Items', whether earned
in a game or purchased from GamelyVilla, or any other components
associated with an account or stored on the services.
All
purchases and redemptions of Virtual Items made through the services
are final and non-refundable.
You
acknowledge and agree that Virtual Items have no cash value and that
neither GamelyVilla nor any other person or entity has any obligation
to exchange your Virtual Items for anything of value, including but
not limited to real currency or goods, and that, if your Account is
terminated, suspended or otherwise modified or if your right to
access the services is terminated, the virtual items attached to your
Account shall have no value.
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User
Content
-
General
Terms
'User
Content' means any communications, images, sounds, and all the
material, data, and information that users upload or transmit through
the services. By transmitting or submitting any user content while
using the services, you affirm, represent and warrant that such
transmission or submission is:
1.
accurate and not confidential;
2.
not in violation of any laws, contractual restrictions or third party
rights, and that you have permission from any third party whose
personal information or intellectual property is comprised in the
user content; and
3.
free of viruses, adware, spyware, worms or other malicious code.
You
acknowledge and agree that any of your personal information contained
in your user content may at all times be processed and used by
GamelyVilla in accordance with our Privacy Policy.
GamelyVilla
may, at any time, at its sole discretion and without prior notice,
review, analyze, edit, delete, disable access to or otherwise make
unavailable any user content, regardless of its reasons in doing so.
2.
Content Screening
GamelyVilla
will not be held responsible for any submissions of user content and
assumes no responsibility for monitoring the services in search of
inappropriate content or material. GamelyVilla is notable and does
not possess the number of resources necessary to analyze all user
content. Thus, GamelyVilla does not pre-screen or monitor all such
content. By using the services, You may be exposed to user content
that is offensive, indecent or otherwise not in line with your
expectations. You bear all risks associated with your use of the
services and your access to any user content available in connection
with them.
3.
Display of Information through the services
-
User
Ideas
GamelyVilla
does not accept or take into account any unsolicited ideas displayed
by users, including ideas for new promotions, products, games,
applications, technologies, processes or other ideas. You must not
transmit to or through the services or Third Party Platforms any
useful ideas that you consider to be confidential or proprietary. You
agree that GamelyVilla shall not be required to treat any user ideas
as being confidential or proprietary. You are responsible and liable
for any useful ideas you submit.
You
agree that, by submitting user ideas to GamelyVilla, including any
concepts, know-how or technologies, You hereby grant GamelyVilla a
perpetual, irrevocable, worldwide, non-exclusive, royalty-free,
sublicensable and transferable license to use, reproduce, distribute,
sell, exploit, prepare derivative works of and display the user ideas
in connection with the services, and with GamelyVilla's business,
including but not limited to promoting and redistributing part or all
of the user ideas in any media formats and through any media
channels, whether now known or hereafter developed, without payment
or accounting to you or others. GamelyVilla is under no obligation to
evaluate, review, use or remunerate any user idea.
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Responsibility
For Your Own Content
You
are solely responsible for the information that you, by any means,
share through our services or in connection with the services, and as
well as for the information you provide to third parties. GamelyVilla
reserves the right to reject, refuse to post or delete, at its sole
discretion, for any or no reason, any user content made available
through the services.
-
Grant
of License to GamelyVilla
You
hereby grant to GamelyVilla an irrevocable, perpetual, transferable,
fully paid-up, royalty-free, worldwide license and right to copy,
reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license,
sublicense, transfer, 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, in any way, your user content
as well as all modified and derivative works thereof in connection
with our provision of the services, including marketing and
promotions of such services.
You
hereby further grant to GamelyVilla the unconditional, irrevocable
right to use and exploit your name, username, display name, avatar
and any other information or material included in any user content
and in connection with any user content, without any obligation to
you. Except as prohibited by law, you waive any rights of attribution
and/or any moral rights you may have in connection to your user
content, regardless of whether your user content is amended or
changed in any manner.
GamelyVilla
does not claim any ownership rights over your user content and
nothing in these Terms Of Use is intended to restrict any rights that
you may have to use and exploit your user content. You hereby
acknowledge and agree that GamelyVilla has no obligation to monitor
or enforce your intellectual property rights in connection to your
user content.
-
User
Interactions
You
are solely responsible for your interactions with other users and any
other parties with whom you interact through the services.
GamelyVilla reserves the right but has no obligation, to become
involved in any way with these interactions and occasional related
disputes. You will fully co-operate with GamelyVilla to investigate
any suspected unlawful, fraudulent or improper activity, including
but not limited to granting GamelyVilla access to any
password-protected sections of your account.
If
you have a dispute with one or more users, you hereby release
GamelyVilla and any of its officers, directors, agents, subsidiaries,
joint ventures and employees from any liabilities, and you can also
waive all claims, demands, and damages of every kind and nature,
known and unknown, arising out of or in any way connected with such
disputes.
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Purchase
Terms
-
General
Conditions of Purchases
In
the services, you may purchase, with real currency, a limited,
personal, non-assignable and revocable license to use virtual items
and other goods or services. You may also obtain a license to use
virtual items by redeeming third parties’ virtual currency,
including but not limited to Facebook Credits. You recognize that you
do not own or have any rights regarding the virtual items or
merchandise that you might acquire.
GamelyVilla
reserves the right to manage, control, alter or delete virtual items
and/or merchandise at any time, with or without notice, and without
any liability towards you or any third party.
The
display of virtual items for use in the services will begin
immediately upon acceptance of your purchase by GamelyVilla.
Any
unauthorized transferring, trading, selling or exchanging of any
virtual items or accounts with anyone, including other users, is
strictly forbidden under these terms. All users who engage in such
activities do so at their own risk and hereby agree to indemnify
GamelyVilla against any and all consequences, claims, and liabilities
resulting from such actions.
You
acknowledge that GamelyVilla may suspend, terminate, discontinue, or
reverse any unauthorized transaction, regardless of when such
unauthorized transaction occurred.
You
further agree that GamelyVilla may, at its sole discretion, cancel
any transaction that is not in its best interest or may debit your
balance of virtual currency, which may drain your balance to a zero
amount. GamelyVilla may also, at its sole discretion, terminate,
suspend, or modify your account if you engage or assist in any
unauthorized transaction.
Verification
of certain information applicable to a transaction involving virtual
items may be required prior to GamelyVilla's acceptance thereof. In
addition, as a condition to receiving certain virtual items, or other
awards for participating in promotions, you may be required to
provide additional information, to sign a release, or to authorize
the use of certain information about you in GamelyVilla's marketing
materials and other activities related to the services.
You
warrant and agree that GamelyVilla shall have no liability for the
use or loss of such information, or of virtual items, due to any
unauthorized third party activity, such as hacking, phishing,
password mining, social engineering, and/or any other unauthorized
third party or other users' activity. GamelyVilla may replace such
lost virtual items under certain circumstances, at its sole
discretion on a case-by-case basis, without incurring in any
obligation or liability.
GamelyVilla
or its designated agent may require you to provide your credit card
number or any other billing information that may be deemed as
necessary in order to purchase virtual items. You may also be
presented with the option of participating in the third party offers
to receive virtual currency.
GamelyVilla
is not responsible or liable to you for any credit card or
bank-related charges and fees related to your transactions in the
services, on or through Third Party Platforms, or for your
participation in any third party offers. All such transactions are
administered by a third party payment processor and/or store.
GamelyVilla expressly disclaims any liability for those payment
transactions, including fraudulent use of your credit card, bank
account or another type of payment account by third parties, and you
agree that your sole avenue of recourse regarding problems with the
payment transactions is through the respective third party processor
and/or store.
You
acknowledge and agree:
1.
that any credit card transaction-related information will be treated
by GamelyVilla as described in our Privacy Policy and, as applicable,
in the privacy policies of the respective third-party payment
processor or stores;
2.
that all credit card and other payment-related information that You
provide to GamelyVilla, its designated payment processor or store, or
a third party providing offers, is accurate, current and complete;
3.
that You will pay any and all charges incurred by you resulting from
your purchase at the rate in effect when such charges are incurred;
and
4.
that You are responsible for any and all federal, state and local
taxes and penalties, if any, relating to or arising from your
purchase.
You
further agree to pay all fees and applicable taxes incurred by you or
anyone using an account registered to you. GamelyVilla reserves the
right to revise, at any time, the prices of all the goods and
services offered through the services.
You
acknowledge that GamelyVilla is not required to provide any refunds,
payments or other compensation if your account is terminated, whether
such termination was voluntary or involuntary, or whether you made
the payment through GamelyVilla or any other designated agent, as
previously described in term 3.3.
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Platform
Provider Additional Terms
The
Applications will be made available on the platforms provided by
third parties.
The
respective Platform Provider Terms of Use, Privacy Policy or any
other policy, rules or codes of conduct relating to the use of the
Platform, govern your use of the following Platforms:
a)
iTunes Store, Mac App Store and App Store, all provided and
maintained by Apple Inc.;
b)
Google Play, provided and maintained by Google Inc.;
c)
Windows Phone Store provided and maintained by Microsoft Corporation;
d)
Samsung Galaxy Apps, provided and maintained by Samsung Electronics
Co. Ltd.;
The
specific provisions applicable to each platform provider are clearly
detailed on their own platform provider terms. By downloading the
application from a platform, you acknowledge that you have read,
reviewed, understood and accepted the platform provider terms and
that you agree to be bound by them and to comply with all the
applicable laws and regulations regarding the use of the platform.
If
you do not agree to the platform provider terms or do not wish to be
bound by them, do not install or use the services. If any provision
of these Terms Of Use conflicts with the platform provider terms, the
former shall prevail.
The
platform provider may reserve the right, at its discretion, to
change, modify, add or remove portions of its platform provider terms
at any time by posting the respective amendments on the platform. You
will be deemed to have accepted such changes by continuing to use the
platform and the services. If at any point You do not agree to any
portion of the then-current version of the platform provider terms,
you must immediately stop using the platform and the services.
These
Terms Of Use represent the agreement between you and GamelyVilla, and
not with the platform provider, who is not deemed as a party to these
Terms. However, you acknowledge that the platform provider and its
subsidiaries are third-party beneficiaries of these Terms Of Use and
thus have the right to enforce these Terms Of Use.
GamelyVilla
is solely responsible for the applications and any related content
therein. You acknowledge that the platform provider has no obligation
whatsoever to provide any maintenance and support services with
respect to the application.
If
you access the services from any other online market for software
applications not expressly stated herein, You acknowledge that you
have reviewed and accepted such market’s own Terms Of Use and
privacy policies.
-
Services
Updates
You
understand that the services are subject to further developments,
adjustments, and updates. You may be required to accept updates to
the services you have installed in your device in order to continue
using them. You acknowledge and agree that GamelyVilla may, at its
sole discretion, unilaterally update the services, with or without
notifying You. Additionally, You may also need to update third party
software from time to time in order to keep accessing and using the
services.
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Disclaimer
Of Warranties
Further
to the limitation of liability described under Section 8 below, the
services are provided on an 'as is' and 'as available' basis for your
use, without warranties of any kind, expressed or implied, including
but not limited to the warranties of merchantability, completeness,
reliability, fitness for a particular purpose, title,
non-infringement, and those arising from course of dealing or usage
of trade. GamelyVilla does not warrant that You will always, at any
time or location, be able to access or use the services, and neither
warrant that the services will be provided uninterruptedly or
error-freely, that eventual defects will be corrected, or that the
services are free of viruses or other harmful components.
-
Limitations
of Liability and Indemnification
GamelyVilla
shall not be held responsible for any indirect, incidental,
consequential, special, punitive or other similar damages suffered by
you or any other users, including but not limited to loss of
revenues, lost profits, lost data or business interruption or other
intangible losses, arising out of or relating in any way to these
Terms Of Use or the services themselves, whether based on contract,
tort or any other legal theory, and whether or not GamelyVilla has
been advised of the possibility of such damages.
Notwithstanding
the limitations above, GamelyVilla liability is limited to the total
amount you have paid to GamelyVilla in accordance with these Terms Of
Use during the six months immediately preceding the date on which you
first assert a claim. You acknowledge and agree that if You have not
paid anything to GamelyVilla during such time period, your sole and
exclusive remedy for any dispute concerning GamelyVilla or any of its
affiliates or agents is to stop using the services and to 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 the above disclaimers and limitations may not
apply to you. To the extent that GamelyVilla may not, as-as provided
by law, disclaim any warranty or limit its liability as set forth
herein, the scope of such warranty and the extent of GamelyVilla's
liability shall be the minimum permitted under such applicable law.
You
agree to indemnify, defend and hold GamelyVilla harmless from and
against any and all claims, demands, damages or other losses,
including reasonable attorneys’ fees, asserted by any third-party
resulting from or arising out of your use of the services, or from
any breach of these Terms Of Use by you, provided the infringement of
rights is attributable to your intentional or negligent behavior.
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Third-Party
Offerings
The
services may include links to other websites or services solely as a
convenience to you, as further detailed in our Privacy Policy. The
display of any linked Sites on the services does not imply the
endorsement by GamelyVilla of any content, information, material,
products or services provided or posted by the third party through
such linked sites.
You
are responsible for reading and complying with the privacy statements
and terms of use posted by third parties at any linked sites before
using or accessing them. Note that GamelyVilla does not have any
control over the content and information posted or transmitted
through linked sites and may not be held responsible if they are not
functioning properly.
You
hereby acknowledge and agree that the access and use of linked sites,
including the information, material, products, and services provided
by or available through them, is solely at your own risk, and you
acknowledge and agree that GamelyVilla is not responsible or liable,
directly or indirectly, for any loss or damage caused or alleged to
be caused by your use of any linked sites.
Your
correspondence or business dealings with, or participation in
promotions of advertisers found on or through the services are solely
between you and such advertiser and shall not construe any liability
or responsibility whatsoever for GamelyVilla.
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General
Provisions
-
Assignability
of the Terms
GamelyVilla
may assign or delegate, at its sole discretion and at any time, the
GamelyVilla terms, in whole or in part, to any person or entity. You
may not assign or delegate any rights or obligations stipulated under
the GamelyVilla terms without GamelyVilla's prior written consent,
and any unauthorized assignment and delegation by you shall be deemed
as ineffective.
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Supplemental
Policies
GamelyVilla
may enact and publish supplemental policies at any time, as defined
under Section 1 above, related to specific services such as forums,
contests or loyalty programs. Your right to use such additional
services is subject to those supplemental policies and to these Terms
Of Use.
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Hierarchy
of Agreements
These
Terms Of Use contain the entire agreement between you and
GamelyVilla, and supersede all prior agreements and understandings of
the parties relating to the subject matter hereof, whether
electronic, oral or written, or whether established by custom,
practice, policy or precedent.
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Severability
You
and GamelyVilla agree that if any portion of the GamelyVilla terms is
found illegal or unenforceable, in whole or in part, by any court of
competent jurisdiction, such provision shall, as to such
jurisdiction, be ineffective solely to the extent of such
determination of invalidity or unenforceability, without affecting
the validity or enforceability thereof in any other manner or
jurisdiction and without affecting the remaining provisions of the
terms, which shall continue to be in full force and effect.
-
Waiver
and Modification of the Terms
If
GamelyVilla fails to require or enforce the strict performance by you
of any provision of the GamelyVilla terms or fails to exercise any
right under them, such failure shall not be considered as a waiver or
relinquishment of GamelyVilla's right to assert or rely upon any such
provision or right in that or any other instance.
A
waiver of any provision of the GamelyVilla terms will only be valid
if provided in writing and will only be applicable to the specific
incident and occurrence so waived.
Except
as expressly and specifically set forth in these Terms Of Use, no
representations, statements, consents, waivers, or other acts or
omissions by GamelyVilla shall be deemed a modification of these
Terms Of Use nor legally binding, unless documented in physical
writing, hand signed by you and a duly appointed officer of
GamelyVilla.
-
Legal
Remedies
You
acknowledge that the rights granted to GamelyVilla and obligations
are undertaken by you under these Terms Of Use are of a unique and
irreplaceable nature, the loss of which shall irreparably harm
GamelyVilla, and that cannot be replaced by monetary damages alone,
so that GamelyVilla 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 restrain the operation of the services, 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, in accordance with the restricted scope
of Section 8, if any.
7.
Force Majeure
GamelyVilla
shall not be liable for any delay or failure to perform resulting
from causes outside its reasonable control, including, but not
limited to, internet and telecommunication failures, acts of God or
governmental action, acts by hackers or other malicious third
parties, problems with the Internet, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods,
accidents, strikes, or shortages of transportation facilities, and
fuel, energy, labor or other materials shortage.
11.
Dispute Resolution and Governing Law
If
a dispute arises between you and GamelyVilla, We strongly encourage
You to first contact us directly at contact
gamelyvilla@gmail.com
in order to seek a mutual agreement. You agree that all disputes
between you and GamelyVilla shall be governed by the laws of India,
without regard to any conflict of law provisions. You agree that any
claim or dispute you may have against
GamelyVilla must be resolved exclusively by a court located in the
city of Ahmedabad, Gujarat, India.
You
shall not access the services if You are under the age of 13. You
shall restrict use by minors, and You will deny access to children
under the age of 13. You accept full responsibility for any
unauthorized use of the service by minors.
You
are responsible for any use of your credit card or other payment
instruments by minors;
You
shall not sell, rent, share or give away your account, nor create an
account using a false identity or information or on behalf of
someone other than yourself;
You
shall not use the services if you have been previously banned from
playing or using any GamelyVilla Application; and
You
shall not use the services to advertise or transmit any commercial
advertisements to anyone, include chain letters, junk or spam e-mail
or repetitive messages.
Engage
in any act that GamelyVilla considers to be in conflict with the
spirit or intent of the services, or make improper use of
GamelyVilla support services;
Use
cheats, exploits, automation software, bots, hacks, mods or any
unauthorized software designed to modify or interfere with the
services, or, without GamelyVilla's express consent, modify or alter
any portions or sections of the services;
Interrupt,
overburden, aid or assist in the interruption or overburdening of
any device or server dedicated to assist or support the functioning
of the services;
Employ,
assist, or become involved in any type of attack, including but not
limited to virus distribution, denial-of-service attacks, or other
attempts to interfere with the services or to disturb any other
person’s use of the services;
Attempt
to gain unauthorized access to the services, to accounts registered
to third parties or to the computers, servers, or networks connected
to the services, by any means other than the user interface provided
by GamelyVilla, including but not limited to attempts or actions to
circumvent or modify, or to encourage or assist third parties to
circumvent or modify, any security feature, technology, device, or
software that is part of the services;
Post
anything on the services that is somehow abusive, threatening,
obscene, defamatory, racist, sexist, religiously intolerant, or
otherwise offensive;
Post
any data on the services that contain nudity or excessive violence,
or which contains a link to such kind of content;
Harass,
abuse, or harm, or advocate or incite harassment, abuse, or harm to
another person or group, including GamelyVilla's employees and
customer service representatives;
Transmit
or post on the services any material or information that infringes
any copyright, trademark, patent, trade secret, a right of privacy,
a right of publicity, or any other right of any person or entity,
especially through the impersonation of such person, including but
not limited to a GamelyVilla's employee;
Reverse
engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for any underlying software or other
intellectual property used for the provision of the services, or to
obtain any data from the services using any method not expressly
permitted by GamelyVilla;
Transgress,
disobey or fail to comply with any applicable international or
domestic legislation;
Solicit,
collect, steal, extort or attempt to solicit, collect, steal or
extort any personal information from other users or to post anyone’s
private information on the services, including personally
identifiable information, identification documents, and financial
data.
- License Suspension and Termination
License
Ownership
- Services
- Copyright & Trademarks
- Virtual Items
User
Content
- General Terms
- User Ideas
- Responsibility For Your Own Content
- Grant of License to GamelyVilla
- User Interactions
Purchase
Terms
- General Conditions of Purchases
- Platform Provider Additional Terms
Services
Updates
Disclaimer
Of Warranties
Limitations
of Liability and Indemnification
Third-Party
Offerings
General
Provisions
- Assignability of the Terms
- Supplemental Policies
- Hierarchy of Agreements
- Severability
- Waiver and Modification of the Terms
- Legal Remedies