TERMS AND CONDITIONS
Vinashi is an online multiplayer video game service owned and operated by Gamiana. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Vinashi provided by Gamiana, including without limitation any artwork, virtual items, virtual currency, member online accounts or user IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, where Gamiana does not have any ownership rights, all Materials contained on Vinashi are the property of Gamiana or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Vinashi or its affiliates and/or third-party licensors. Except as expressly authorized by Vinashi, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. If you have an objection to any material then please contact Gamiana and Gamiana will directly address the issue.
By accessing, browsing, using and/or registering for Vinashi, you acknowledge that you have read, understood, and agree to be bound by the following terms, including any guidelines and future modifications (collectively, the "Terms"). You agree that the information you provide to Vinashi on Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you do not agree to the Terms, we recommend that you do not proceed to use Vinashi.
Changes and Amendments-
We may amend this Agreement from time to time. It is a Gamiana and/or Vinashi's user's responsibility to periodically check back for any changes. Your continued use of the Services after any changes shall constitute your acceptance of the amended Agreement.
Information Collected and Used-
Gamiana's primary objective in collecting user information is to provide and enhance the Service and to enable users to easily navigate and enjoy the Service.
When you install any of the Gamiana games or applications, we may collect and record the information you provide us voluntarily through www.facebook.com ("Facebook") and/or other social network(s) in accordance with the policies and terms of Facebook and/or other social network(s).
The types of personal information collected in accordance with the activities listed above may vary depending on the activity. This "personal information" is defined as information about you that can be used to contact or identify you. Personal information may include: (1) your first and last name, (2) your profile picture or its URL, (3) your user identification number of the pertinent social network, which is linked to publicly available information such as name and profile picture (4) the login email you provided to the pertinent social network upon registration. Additionally, we may acquire information from you through (1) your access and participation in message boards on the Service (2) your email of a question to our customer support (3) your purchase of a virtual product of any type (4) other sources, including but not limited to newspapers and internet sources such as blogs, instant messaging services, other users of the Service to supplement your profile. Please note that because a third party site manages the purchases of virtual goods offered by the Service, we do not have
access to your credit card details and billing information.
Gamiana may also invite you to share non-personal information about yourself which may include but is not limited to: (1) your age or date of birth; (2) your gender; (3) information about the hardware you may own; (4) your favorite websites, friend information (such as friends of yours that are also connected to our Service) and fan pages; (5) your physical location and that of your access device (collectively referred to as "non-personal information"). If non-personal information is collected for an activity that also requires personal information, Gamiana may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the quality and value of the Services and to analyze how our Service is used.
The Service will also record game play information such as your high scores or game session duration. In addition to information collected as described above, you may choose to share additional information about yourself throughout the Service, such as in games or on message boards. Any actions you perform with other players are considered public, and are at your sole discretion.
We may use your name, profile picture, email address and other information to notify you about new product releases, service notifications, and to solicit your feedback and input. Those emails will contain links for preference management and where appropriate, unsubscribe links provide you an option to not to receive further emails in future.
Finally, any time you access the Service, we may collect aggregate information including but not limited to internet protocol addresses, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity ("aggregate information"). We use this aggregate information to better tailor the Service to your interests, to provide you more efficient customer support, and to overall enhance the Service.
In all cases of data access and collection, the information you provide will not be disclosed, rented, leased, loaned, sold, or otherwise voluntarily distributed to unaffiliated third parties and will be used solely for the purpose of providing you with and improving the Service.
Other Disclosure of Your Personal Information-
You understand and agree that we may be required to disclose any personal information if required to do so by law or in good faith believe that such disclosure is reasonably necessary to avoid liability, to comply with legal process, including but not limited to a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of the public. Note that Gamiana is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that Gamiana may receive.
Additionally, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, customer information may be transferred to Gamiana's successor or assignee, if permitted by and done in accordance with applicable law.
Use of the service-
By using Vinashi you agree not to "stalk", harass, threaten, or defraud other Vinashi Members; send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, discriminatory or otherwise inappropriate messages to other Vinashi Members; make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Members; impersonate another person or access another Member's account without permission; fail to deliver payment for any purchases made on Vinashi; share Vinashi issued passwords with a third party or encourage another Member to do so; misrepresent the source, identity, or content of information transmitted via Vinashi, for example, claiming a created work as your own that is not yours; use Vinashi for any illegal purpose; interfere with any security-related features of Vinashi; intentionally interfere with the operation of Vinashi or any Member's enjoyment of it, or intentionally post inflammatory statements to get responses ("Trolling").
YOU MUST BE (THIRTEEN) 13 YEARS OLD OR OLDER TO USE THE SERVICE. If you are under 13 years of age, you represent that your legal guardian has reviewed and agreed to these Terms. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if you are under the age of 13
- You shall monitor your Account to restrict use by minors. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors
- You shall not have more than one Account, per platform, email or social networking service ("SNS"), at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself
- You shall not create an Account or use the Service if you are a convicted sex offender
- You shall not have an Account or use the Service if you have previously been removed by Gamiana or previously been banned from playing any Gamiana game
- You shall not use the Service if you are located in a banned country by Gamiana
- You shall use your Account only for non-commercial purposes
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone
- You shall not use your Account to engage in any illegal conduct
- You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Gamiana's written permission
- You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Gamiana's permission; and
- If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable license to use the Services solely for your own personal, non-commercial purposes during the term of this Agreement. You shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Service; you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; you shall not access the Service in order to build a similar or competitive product or service; and except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, performed, posted or transmitted in any form or by any means.
Protecting your Personal Information-
The security of your Personal Information is very important to us, and we are committed to protecting the Personal Information we collect. While we cannot guarantee absolute security of your Personal Information, Gamiana uses firewalls and Secure Socket Layers to help protect the Personal Information we collect from you when it is being communicated to us. Our policies restrict access to Personal Information to those employees and service providers who need to know the information in order to provide you this service. We maintain physical, electronic and procedural safeguards that comply with applicable privacy and data security laws and regulations.
Currency and Goods-
The Service may include a virtual, game-world currency ("Virtual Currency") including, but not limited to crowns, subscriptions, coins, cash, or points, that may be purchased from Gamiana for "real world" money if you are a legal adult in your country of residence. The Service may also include virtual, game-world digital items ("Virtual Goods") that may be purchased from Gamiana for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from Gamiana or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
Gamiana has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Gamiana shall have no liability to you or anyone for the exercise of such rights. Transfers of Virtual Currency and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. You agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Currencies and Virtual Goods are forfeited if your account is terminated or suspended for any reason, at Gamiana's sole and absolute discretion, or if Gamiana discontinues providing the Service.
User Content means any content or materials you create, submit, post, display, transmit, perform, publish, distribute or broadcast to Gamiana and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material. Any User Content you transmit to Gamiana will be treated as non-confidential and non-proprietary. You are solely responsible for creating backup copies of your User Content if you desire. We respect your ownership of User Content. As between you and Gamiana, you retain all right, title, and interest you had in your User Content, subject to the licenses granted under this Agreement.
You agree that your User Content is wholly original and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement without Gamiana incurring any third-party obligations or liability arising out of Gamiana's exercise of the rights thereto granted herein by you.
You grant to Gamiana the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such User Content.
Gamiana has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Gamiana does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
Gamiana has no obligation to accept, display, review, monitor, or maintain any User Content.
We have the right to delete User Content from the Service without notice for any reason at
any time. Gamiana may move, re-format, edit, alter, distort, remove or refuse to exploit User
Content without notice to you and without liability; provided, however, that Gamiana reserves
the right to treat User Content as content stored at the direction of users for which Gamiana
will not exercise editorial control except to enforce the rights of third parties and the Usage
Rules set forth below when violations are brought to Gamiana's attention.
Gamiana representatives may monitor certain User Content, but cannot monitor or prescreen all of the
User Content, and do not attempt to do so. You agree to irrevocably waive (and cause to be waived) any
claims and assertions of moral rights or attribution with respect to your User Content.
If your User Content is shared with third parties, those third parties may have retained copies
of your User Content. If we have made use of your User Content before you deleted it, our license
to your User Content will continue after such deletion, otherwise we will cease using your User
Content within a reasonable period of time, provided that User Content may still exist in our
backup servers. Terminating your Account will not automatically delete your User Content.
It is a priority of Gamiana to enable our Service to be operational at all times. In cases where there
is an outage or the Service is temporarily unavailable, Gamiana will endeavor to restore service as soon
as possible. Gamiana will not be responsible for lost activity during the service outage, including, but
not limited to, lost offers or expired items.
You promise that (i) you will comply with all provisions of this Agreement, (ii) you will not use or manipulate the Service for any fraudulent activity or purpose or for any misrepresentation, (iii) neither you nor anyone acting on your behalf will engage in any manipulative transaction practices (including, but not limited to, so-called "shill" transactions, using an Account to artificially inflate any listing price or the value of any type of Digital Good, or hoarding Digital Goods), (iv) you will not interfere with any other User's or a Merchant's transaction, (v) you will not use Gamiana in violation of any law, regulation or ordinance, (vi) you will not use an invalid or unauthorized credit card, or other payment account (vii) you will not use someone else's Account in connection with Gamiana, (viii) you will not buy or Digital Goods for real money or any other real world consideration outside of the Gamiana, or attempt to circumvent paying the Gamiana fees, and (ix) you will not trade, or attempt to trade, any Digital Good that the Gamiana has designated as non-transferable. Gamiana may reject, refuse, or remove any User Content at any time, for any reason or for no reason, and without any notice to you or any other person.
Sweepstakes, contests, and promotions on the Service may also have additional rules and eligibility requirements,
such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.
Except as expressly provided in this Agreement, you may not reproduce, distribute, translate, rent, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on any software related to the Services, or remove any proprietary notices or labels on any software related to the Services. You will not host, provide or develop matchmaking services for the Services or intercept, emulate or redirect the communication used by Gamiana in any way, including without limitation emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network services over the Internet. You will not facilitate, create or maintain any unauthorized connection to the Services, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services. All connections to the Services, whether created by other tools and utilities, may only be made through methods and means expressly approved by Gamiana. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Gamiana's proprietary interface other than those expressly provided by Gamiana for public use.
Community and Forums-
You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, Vinashi. Vinashi accepts no responsibility whatsoever in connection with or arising from such Messages. Vinashi does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by Vinashi prior to posting and do not necessarily reflect the opinions or policies of Vinashi. Vinashi makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Vinashi reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
If you use any community features (online forums, creating user "profiles", chat and messaging) please remember that any information disclosed in these venues may be automatically made public. You should exercise caution when disclosing any personal information in these areas. However, you may choose to have your profile page be public or private. In the case where you chose to make your profile page private, the information there will only be visible to you. We may combine the information you submit to us with information collected in other forums, such as through emails or offline, or with publicly available information or information obtained from third parties.
Gamiana assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Gamiana chooses, in its sole discretion, to monitor the Forums, Gamiana nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Gamiana accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.
Identity theft and the practice currently known as "phishing" are of great concern to Gamiana. Therefore, we work on safeguarding information to help protect you from identity theft with respect to information in our possession. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. Please consult professional sources or other websites regarding "phishing."
OUR POLICY FOR CHILDREN UNDER 13-
We respect the privacy of parents and children and do not offer applications or services directed to children under 13. We do not knowingly collect personal information from children under 13. If you are under 13, you may use and access our websites only with the involvement of a parent or guardian. If a parent believes that his or her child has submitted personal information to Gamiana, he or she can contact us via e-mail at firstname.lastname@example.org or postal mail at the address listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13. We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children's use of online activities regularly. Minors over 13 should ask their parents before sending information about themselves.
The agreed-upon charges are due for payment with the conclusion of the contract. The debit, credit card, or other form of payment is made typically through the respective authorized service provider, whereby the withdrawal can be made a few days in advance to guarantee continuous usability. In individual cases, general terms and conditions included by the authorized service provider may be applicable.
The Member assures that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct.
The payment options vary according to the online game, participant country and the market availability of technically feasible payment options. Gamiana reserves the right to amend its payment options.
Gamiana reserves the right to change the fees of the in-game features (including virtual currencies). This includes Gamiana`s right to increase or decrease fees for all singular in-game features for all future transactions.
Term and Termination-
In case of default, statutory interest accrues. Gamiana is also entitled to block the user account, to recover damages and to terminate services.
Should Gamiana through a fault of the user (including an inadequate account balance) incur back charges or cancellation fees, the user shall bear the related costs. Gamiana is allowed to request these costs and the accrued charges. If payment is made by credit card, back charges are incurred up to 50 EUR or 65 USD outside of India and within India Rs. 500 per credit card transaction plus bank charges incurred by Gamiana. In the event of a false chargeback, Gamiana reserves the right to exercise legal right to prosecute such person to the full extent of the law.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Vinashi are solely between you and such advertiser. You agree that Gamiana will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Vinashi.
You agree that Gamiana, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Vinashi or your use of Vinashi and remove and discard all or any part of your account, Member profile, or any Member Submission, at any time. Gamiana may also in its sole discretion and at any time discontinue providing access to Gamiana, or any part thereof, with or without notice. You agree that any termination of your access to Vinashi or any account you may have or portion thereof may be effected without prior notice, and you agree that Gamiana shall not be liable to you or any third party for any such termination. As discussed herein, Gamiana does not permit copyright infringing activities on Vinashi, and reserves the right to terminate access to Vinashi, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Vinashi may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gamiana may have at law or in equity.
Third-Party Advertising Companies
We may use third-party advertising companies to serve ads on the Service. We do not provide any personal information to third-party advertising companies on a non-aggregate basis. Our system and the third-party advertising technology may use aggregate information, non-personal information, Gamiana's cookies on your hard drive and your use of the Service to target advertisements. In addition, advertisers may use other third- party advertising technology to target advertising on other sites. If advertisements are served to you, a unique third-party cookie or cookies may be placed on your computer. Similarly, third-party advertising companies may provide us with pixel tags (also called "clear GIFs" or "beacons") to help manage and optimize online advertising. Beacons enable us to recognize a browser's cookie when a browser visits the site on which is beacon is located, and to learn which banner ads bring users to a given site.
If you click on an advertising link on any Gamiana websites and are then forwarded to a website operated by Gamiana, a cookie will be set on your computer that contains information on which advertising link you clicked, for which advertiser, for which game, at what time and in which country. Gamiana will assess this non-personal data to optimize its advertising campaigns and for accounting purposes regarding its advertisers.
VINASHI AND IT'S SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GAMIANA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAMIANA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VINASHI, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN VINASHI WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VINASHI OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VINASHI, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF VINASHI IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GAMIANA NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF VINASHI AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICE, PHONE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
You agree to indemnify, save, and hold Gamiana, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of Gamiana, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Vinashi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Gamiana, and you agree to cooperate with Gamiana's defense of these claims.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GAMIANA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON VINASHI, OR ANY OTHER INTERACTIONS WITH VINASHI, EVEN IF VINASHI OR A VINASHI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, VINASHI 'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL GAMIANA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF VINASHI, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER VINASHI MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING VINASHI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN VINASHI OR GAMIANA AND RECEIVED THROUGH OR ADVERTISED ON VINASHI OR RECEIVED THROUGH ANY LINKS PROVIDED ON VINASHI.
THE PLACE OF JURISDICTION BETWEEN YOU AND THE COMPANY, GAMINIA WILL BE THE COURTS OF MUMBAI, MAHARASHTRA, INDIA.
Except as explicitly stated otherwise, legal notices will be served on Gamiana's national registered agent or to the email address you provide to Vinashi during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Vinashi or Gamiana. In such case, notice will be deemed given three days after the date of mailing.
The failure of Gamiana to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Gamiana.
These Terms will be governed by and construed in accordance with the laws of the Government of India, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Gamiana will be filed only in the courts in of the Government of India, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gamiana without restriction. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and Gamiana relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Gamiana.
YOU AND VINASHI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO VINASHI MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. AS SUCH THE PLACE OF JURISDICTION FOR ANY MANNER (WORLDWIDE) SHALL BE THE COURTS OF MUMBAI, MAHARASTHRA, INDIA.
We use passive tracking technologies to log non-identifiable information such as IP address, browser type and site usage (for example: what pages are accessed, how often, referring/exit pages and URLs) to monitor and analyze use of our services, for their technical administration, to increase their functionality and user-friendliness, and to better tailor them to our users' needs. We also use this information to verify that users of our services meet the criteria required to process their requests. We do not treat such data as personal information or use it in association with other personal information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above.
We may also collect other information that you provide as part of the registration and administration of your account when accessing, using, or downloading our applications, services and sites. Any information you provide to us will be stored as entered.
Vinashi may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access Vinashi for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Vinashi.
Unless otherwise stated, the use of Vinashi and other services offered by Gamiana is free of charge.
The Member may, however, purchase individual service offerings and individual features offered in the context of Vinashi. The Member is informed separately on the kind of features for purchase, especially what function each feature has, possibly of the duration of availability of the feature for purchase, the purchase price and the available payment method in connection with Vinashi.
Where a minor wishes to buy features for purchase, he/she assures that he/she received the funds to buy the features for purchase from his/her legal guardian for this purpose or for unrestricted use.
For all inquiries please submit in writing to Gamiana Digital Entertainment, Private Limited, 321 Prabhadevi Industrial Estate, 402 Veer Savarkar Marg, Prabhadevi, MUMBAI, 400025 MAHARASHTRA, INDIA.