Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our Services;
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners or licensors or associates and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
You irrevocably and unconditionally agree, confirm, undertake and accept these terms, EULA Agreement and other terms and conditions on registration, for access to or use of any contents, games or materials on our sites. Any amendment to these terms, EULA Agreement and other terms and conditions from time to time shall be deemed to be accepted by you and shall be an integral part of the original terms, EULA Agreement and other terms and conditions.
You confirm to provide us any and every details we require to obtain from you personal or proprietary or information relating to any of your acts or omissions or violations or other persons who may be a party with you, on suspicion or otherwise
Content on our sites
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us and at our sole discretion to our affiliates, and our partners or licensors or associates a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of your Content for the purposes of (i) displaying your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed.
Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers and other information. It also includes information about products and services offered by parties other than Zapak Digital Entertainment Limited, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, quality of the content or email content and services on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for user contributed contents or postings by users in the user opinion, message board, or feedback sections or other sections of our sites.
You may be exposed to content that you find obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
If you find any contents or materials published on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you will refrain from use of the materials or contents and shall bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on our sites belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that we shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on our sites under license or rights or affiliation with the said person, entity or third party.
Third-party sites, products, and services
We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
All other company and product names may be trademarks of the respective companies with which they are associated.
Contest, Competitions and Events:
If a contest, competition or event is organized by us on the sites; it shall be governed by the terms stated herein in addition to other terms and conditions which may be specifically applied per contest, competition or event. Zapak employees, relatives, affiliates, and friends cannot participate in any contest, competition or event and shall stand disqualified with immediate effect even if participated and shall be liable to return the prize or benefit received and at our sole discretion pay penalty, damages and compensation and indemnify us against any claims, expenses or liability from any person, entity or third party by this act or omission of the employees or relatives.
Zapak Digital Entertainment Limited. fee-based services, contests, competition or complementary gifts and prizes
Some of the Services require you to pay a charge or fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in Indian Rupees. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
All taxes, levies, cesses or statutory claim for the charge or fee paid to us or for contest competition or complimentary gifts and prizes shall be borne and paid by you, whether past, present or future, including penalties or claims on any nature whatsoever. All contest, competition and complimentary shall be inclusive of taxes, stamp duty, registration charges, levies, cesses and fees of lawyers engaged by us and administrative charges.
For all contest, competition and complimentary, you will be liable for compliance under all laws. Non compliance by you of any law shall entitle us return of any prize or gifts and indemnification against any claims, expenses or liabilities by any person, entity or third party including statutory authorities.
Terms and conditions for Zapak Digital Entertainment Limited (hereinafter "Zapak") Loyalty Program is as stated below:
By entering the Zapak.com Program, the entrant accepts these Terms & Conditions:
Your conduct on our sites
The technology and the software underlying our sites and the Services is the property of Zapak Digital Entertainment Limited, our affiliates, and our partners or licensors or associates. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your username and posts from our sites, deny you access to our sites, or any combination of these options. We may, at our sole discretion and without notice to you, remove, deface or deleted username and other contents which belong to you, but which are not suitable to the business or may create a wrong impression or obscene, offensive, indecent, racial, hatred to religion, anti-national, objectionable, defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Zapak Digital Entertainment Limited for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Any by you of the terms or the laws may result in severe civil and criminal penalties initiated against you. Violators will be prosecuted to the maximum extent possible. All rights reserved. Any rights not expressly granted herein are reserved. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites. Contact email@example.com with problems or questions, as appropriate.
Minors are required to seek permission or consent from their parents or legal guardians before furnishing data, participating or entering on Zapak Internet sites or, inter alia, in the contest, uploading pictures, playing games or being part, directly or indirectly, of any activity on Zapak Internet sites. Entry to Zapak Internet sites without parental or legal guardian permission or consent and consequent participation or entering the contest etc. or being part, directly or indirectly, of any activity on Zapak Internet sites is not permitted and is subject to disqualification at the sole and exclusive discretion of Zapak Digital Entertainment Limited, whenever it comes to the knowledge of Zapak Digital Entertainment Limited. Zapak Digital Entertainment Limited encourages children to consult with their parents or legal guardian before furnishing data, participating or entering on Zapak Internet sites or, inter alia, in the contest, uploading pictures, playing games or being part, directly or indirectly, of any activity on Zapak Internet sites. We believe that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
Surveys & Contests
Personal, non-commercial use:
Requests to inform us in writing to remove certain content from our sites If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION, COMPETENCE, ACCEPTANCE AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS OR LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR OR LICENSORS OR ASSOCIATES MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS OR LICENSORS OR ASSOCIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ANY SERVICES, EVENTS OR COMPETITION WHICH REQUIRE SPECIFIC PERMISSION OR AUTHORITY FROM THE STATUTORY BODY OR GOVERNMENT PERMISSION IN INDIA OR BOARD OF DIRECTORS SHALL BE DEEMED CANCELLED OR TERMINATED, IF SUCH PERMISSIONS OR AUTHORITIES ARE DENIED WHETHER BEFORE THE SERVICES, EVENTS OR COMPETITIONS ARE ORGANISED, PROVIDED OR CONDUCTED, OR DENIED AFTER THE COMMENCEMENT OR COMPLETION OF THE SERVICES, EVENTS OR COMPETITIONS, BY RATIFICATION ORDER, NOTICE, LAWS, RULES, REGULATIONS, INJUNCTIONS OR ORDERS OF COURT OR ANY STATUTORY BODY OR AUTHORITY. IN THE EVENT OF CANCELLED OR TERMINATED OF ANY SERVICES, EVENTS OR COMPETITION, YOU SHALL NOT BE ENTITLED TO MAKE ANY DEMANDS, REFUND OR CLAIMS, ON ANY NATURE WHATSOEVER, DIRECT OR INDIRECTLY. HOWEVER, IF ANY CLAIM IS PASSED ON BY ANY COURT IN ANY EVENT, IT SHALL BE CLAIMED AND PAYABLE AFTER 5 YEARS FROM THE DATE OF CLAIMS, WITHOUT PREJUDICE TO ANY RIGHTS WE MAY HAVE UNDER THE LAW OR IN EQUITY.
Governing Laws and Courts: Subject to Arbitration, the parties irrevocably agree and undertake that any controversy or claim arising out of or relating to these Terms or our sites shall be adjudicated exclusively before a competent court in Mumbai, India only. The terms and our sites shall be governed by the laws of India.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Zapak Digital Entertainment Limited. and govern your use of our sites, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of India, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Mumbai, India if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
We restrict and reserve our right to further moderate/ restrict/ ban the use of our Services, specifically to you or generally, in accordance with our policy/ policies from time to time, at our sole discretion and without any notice.
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