TERMS
OF SERVICE
1. LICENSE
1.1. Governing Agreement
The terms of
this agreement ("Terms of Service") govern the relationship between
you and Asvathaa (hereinafter "Asvathaa" or "Us" or
"We") regarding your use of Asvathaa’s social games and related
services, which includes Asvathaa websites (the "Service"). In this
agreement, "Asvathaa" means Asvathaa Inc. located at 16845, Superior
Street, Northridge, CA – 91343, USA if you are a user in the United States or
Japan; or Asvathaa Pte. Ltd. located at 114A Arthur Road, #21 - 08, Katong Park
Tower Singapore 439826 if you are a user outside the United States or Japan.
1.2. Privacy Policy
Use of the Service is also governed by Asvathaa's Privacy Policy, which is
incorporated herein by reference. Your privacy is important to us. We designed Asvathaa's
Privacy Policy to make important disclosures about how we collect and use your
content and information and how you can use the Service to share such
information with others. We encourage you to read the Asvathaa Privacy Policy,
carefully, and use it to help make informed decisions.
By creating an account or accessing or using the Service you
accept and agree to be bound by these Terms of Service and consent to the
collection, use and storage of your information as outlined in Asvathaa’s
Privacy Policy.
1.3. Updates to the Terms of
Service and Asvathaa Privacy Policy
Asvathaa reserves the right, at our discretion, to change,
modify, add or remove portions of these Terms of Service and its Privacy Policy
at any time by posting the amended Terms on the Asvathaa Service. You may also
be given additional notice, such as an e-mail message or messaging within the
Service, of any changes. You will be deemed to have accepted such changes by
continuing to use the Service. Except as otherwise stated, all amended terms
shall automatically be effective 30 days after they are initially posted. Asvathaa
may also revise other policies, codes or rules at any time, and the new
versions will be available on www.asvathaa.com or in the
Service. No amendment to the Terms of Service or Privacy Policy shall apply to
any dispute of which Asvathaa had actual notice before the date of the
amendment.
This agreement may not be otherwise amended except in a writing
hand signed by you and us. For purposes of this provision, "writing"
does not include an e-mail message and a signature does not include an
electronic signature.
If at any point you do not agree to any portion of the
then-current version of our Terms of Service, the Asvathaa Privacy Policy, or
any other Asvathaa policy, rules or codes of conduct relating to your use of
the Service, your license to use the Service shall immediately terminate, and
you must immediately stop using the Service.
To the extent the Terms of Service or Asvathaa Privacy Policy
conflict with any other Asvathaa terms, policy, rules or codes of conduct, the
terms contained in these Terms of Service and in the Asvathaa Privacy Policy
shall govern.
1.4. Grant of a Limited
License to Use the Service
Subject to your agreement and continuing compliance with these
Terms of Service and any other relevant Asvathaa policies, such as the Forum
Rules or Loyalty Program Terms, Asvathaa grants you a non-exclusive,
non-transferable, revocable limited license subject to the limitations in
Sections 1.5-1.9 to access and use the Service using an Asvathaa supported web
browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile
device solely for your own non-commercial entertainment purposes. You agree not
to use the Service for any other purpose.
1.5. Accessing the Service
Before accessing or using the Service, including browsing any Asvathaa
website or accessing a game, you must agree to these Terms of Service and the
Privacy Policy. You may also be required to register an account on the Service
(an "Account"), have a valid account on the social networking service
("SNS") through which you connect to the Service, or have an account
with the applications provider for your mobile device. If you are between the
ages of 13 and 17, you represent that your legal guardian has reviewed and
agreed to these Terms.
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.
You are responsible for any fees, including internet connection
or mobile fees that you incur when accessing the Service.
1.6. Use of the Service
The following restrictions apply to the use of the Service:
a. You shall not create an Account or access the Service if you
are under the age of 13;
b. You shall monitor your Account to 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 instrument (e.g. paypal)
by minors;
c. You shall not have more than one Account per platform or 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;
d. You shall not create an Account or use the Service if you are
a convicted sex offender;
e. You shall not have an Account or use the Service if you have
previously been removed by Asvathaa, or previously been banned from playing any
Asvathaa game;
f. You shall use your Account only for non-commercial purposes;
g. You shall not use your Account to advertise, or solicit, or
transmit any commercial advertisements, including chain letters, junk e-mail or
repetitive messages (spim and spam) to anyone;
h. You shall not use your Account to engage in any illegal
conduct;
i. You shall not rent, lease, sell, trade, gift, bequeath or
otherwise transfer your Account or any virtual items or virtual currency
associated with your Account to anyone without Asvathaa’s written permission;
and
j. You shall not access or use an Account which has been rented,
leased, sold, traded, gifted, bequeathed, or otherwise transferred from the
Account creator without Asvathaa’s permission.
k. If you access the Service from an SNS you shall comply with
its terms of service/use as well as these Terms of Service.
1.7. Account Information
When creating or updating an Account on the Service, you are
required to provide Asvathaa with certain personal information, which may
include your name, birth date, e-mail address, and, in some cases, payment
information. This information will be held and used in accordance with Asvathaa's
Privacy Policy. You agree
that you will supply accurate and complete information to Asvathaa, and that
you will update that information promptly after it changes.
You understand that on certain Asvathaa websites your user ID
number, name and profile picture will be publicly available and that search
engines may index your name and profile photo.
1.8. Username and Password
During the Account creation process, you will be required to
select a password ("Login Information"). The following rules govern
the security of your Login Information:
a. You shall not share the Account or the Login Information, nor
let anyone else access your account or do anything else that might jeopardize
the security of your Account;
b. In the event you become aware of or reasonably suspect any
breach of security, including without limitation any loss, theft, or unauthorized
disclosure of the Login Information, you must immediately notify Asvathaa and
modify your Login Information;
c. You are solely responsible for maintaining the
confidentiality of the Login Information, and you will be responsible for all
uses of the Login Information, including purchases, whether or not authorized
by you; and
d. You are responsible for anything that happens through your
Account.
Asvathaa reserves the right to remove or reclaim any usernames
at any time and for any reason, including but not limited to claims by a third
party that a username violates the third party’s rights.
1.9. License Limitations
Any use of the Service in violation of these License Limitations
is strictly prohibited, may result in the immediate revocation of your limited
license granted by Section 1.4, and may subject you to liability for violations
of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING
UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY ASVATHAA GAME IS A
VIOLATION OF ASVATHAA POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that Asvathaa deems to be in conflict with
the spirit or intent of the Service, including but not limited to circumventing
or manipulating these Terms, our game rules, game mechanics or policies;
b. Make improper use of Asvathaa’s support services, including
by submitting false abuse reports; or
c. Use the Service in connection with any violation of any
applicable law or regulation, or do anything that promotes the violation of any
applicable law or regulation;
CHEATING AND HACKING - You agree that you will not, under any
circumstances:
d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to
modify or interfere with the Service, any Asvathaa Game or any Asvathaa game
experience;
e. Use the Service in order to design or assist in the design of
cheats, automation software, bots, hacks, mods or any
other unauthorized third-party software designed to modify or interfere with
the Service, any Asvathaa game or any Asvathaa game experience;
f. Without Asvathaa’s express written consent, modify or cause
to be modified any files that are a part of the Service or any Asvathaa game;
g. Disrupt, overburden, or aid or assist in the disruption or
overburdening of (1) any computer or server used to offer or support the
Service or any Asvathaa game environment (each a "Server"); or (2)
the enjoyment of the Service or any Asvathaa game by any other person;
h. Institute, assist, or become involved in any type of attack,
including without limitation distribution of a virus, denial of service attacks
upon the Service, or other attempts to disrupt the Service or any other
person’s use or enjoyment of the Service; or
i. Attempt to gain unauthorized access to the Service, Accounts
registered to others or to the computers, Servers, or networks connected to the
Service by any means other than the user interface provided by Asvathaa,
including but not limited to, by circumventing or modifying, attempting to
circumvent or modify, or encouraging or assisting any other person to
circumvent or modify, any security, technology, device, or software that is
part of the Service;
OFFENSIVE OR INFRINGING CONTENT - You agree that you will not,
under any circumstances:
j. Post any information that is abusive, threatening, obscene,
defamatory, libelous, or racially, sexually, religiously, or otherwise
objectionable or offensive;
k. Post any information that contains nudity, excessive
violence, or offensive subject matter or that contains a link to such content;
l. Attempt to, or harass, abuse, or harm, or advocate or incite
harassment, abuse, or harm of another person or group, including Asvathaa
employees and Asvathaa’s customer service representatives; or
m. Make available through the Service any material or
information that infringes any copyright, trademark, patent, trade secret,
right of privacy, right of publicity, or other right of any person or entity or
impersonates any other person, including without limitation an Asvathaa
employee;
COMMERCIAL ACTIVITY - You agree that you will not, under any
circumstances:
n. Without Asvathaa’s express written consent, use the Service,
any Asvathaa game, or any part thereof for any commercial purpose, including
but not limited to, (1) permitting, authorizing, or offering use of the
Service, any Asvathaa game, or any part thereof at a cyber café, computer
gaming center or any other commercial establishment provided however that, for
clarity, providing the means for users to access the Internet is not prohibited
by the forgoing, (2) communicating or facilitating any commercial advertisement
or solicitation, or (3) gathering in-game currency, items or resources for
sale;
o. Use the Service, any Asvathaa game, or any part thereof for
performing in-game services, such as power-leveling and item collection
services, in exchange for payment outside the Service;
p. Transmit unauthorized communications through the Service,
including junk mail, chain letters, spam and any materials that promote
malware, spyware and downloadable items; or
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you
will not, under any circumstances:
q. Interfere or attempt to interfere with the proper functioning
of the Service or connect to or use the Service or any Asvathaa game in any way
not expressly permitted by these Terms of Service;
r. Use any unauthorized third-party software that accesses,
intercepts, "mines", or otherwise collects information from or
through the Service or that is in transit from or to the Service, including,
without limitation, any software that reads areas of RAM or streams of network
traffic used by the Service or any Asvathaa game to store information about Asvathaa
game characters, elements, or environment. Asvathaa may, at its sole and
absolute discretion, allow the use of certain third party user interfaces;
s. Intercept, examine or otherwise observe any proprietary
communications protocol used by a client, a Server, or the Service, whether
through the use of a network analyzer, packet sniffer or other device;
t. Make any automated use of the system, or take any action that
imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our infrastructure;
u. Bypass any robot exclusion headers or other measures we take
to restrict access to the service or use any software, technology, or device to
send content or messages, scrape, spider, or crawl the Service, or harvest or
manipulate data;
v. Use, facilitate, create, or maintain any unauthorized
connection to the Service, including without limitation (1) any connection to
any unauthorized server that emulates, or attempts to emulate any part of the
Service, or (2) any connection using programs, tools, or software not expressly
approved by Asvathaa;
w. Reverse engineer, decompile, disassemble, decipher or
otherwise attempt to derive the source code for any underlying software or
other intellectual property used to provide the Service or any Asvathaa game,
or to obtain any information from the Service or any Asvathaa game using any
method not expressly permitted by Asvathaa; or
x. Copy, modify or distribute rights or content from any Asvathaa
site or game, or Asvathaa’s copyrights or trademarks or use any method to copy
or distribute the content of the Service except as specifically allowed in
these Terms of Service;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You agree
that you will not, under any circumstances:
y. Solicit or attempt to solicit personal information from other
users of the Service or any Asvathaa game; or
z. Collect, harvest or post anyone’s private information,
including personally identifiable information (whether in text, image or video
form), identification documents, or financial information through the Service.
aa. upload or
transmit (or attempt to upload or to transmit), without Asvathaa’s express written
permission, any material that acts as a passive or active information
collection or transmission mechanism, including, without limitation, clear
graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies
or other similar devices (sometimes referred to as "spyware,"
"passive collection mechanisms" or "pcms").
1.10. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, ASVATHAA MAY LIMIT,
SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO ASVATHAA SERVICES
OR PORTIONS THEREOF IF YOU ARE, OR ASVATHAA SUSPECTS THAT YOU ARE, FAILING TO
COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED
ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN
LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR
LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED
ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND ASVATHAA IS UNDER NO
OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR
TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO
OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE
HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM
ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE
LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR
POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE
DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Asvathaa reserves the right to stop offering and/or supporting
the Service or a particular game or part of the Service at any time, at which
point your license to use the Service or a part thereof will be automatically
terminated. In such event, Asvathaa shall not be required to provide refunds,
benefits or other compensation to users in connection with such discontinued
Services.
Termination of your Account can include disabling your access to
the Service or any part thereof including any content you submitted or others
submitted.
You may cancel any Account registered to you at any time by
following the instructions on Asvathaa.com.
1.11. Ownership
1.11.1. Games and Service
The Service (including without limitation any games, titles,
computer code, themes, objects, characters, character names, stories, dialogue,
catch phrases, concepts, artwork, animations, sounds, musical compositions,
audio-visual effects, methods of operation, moral rights, documentation,
in-game chat transcripts, character profile information, recordings of games
played using an Asvathaa game client, and the Asvathaa game clients and server
software) are copyrighted works owned by Asvathaa Inc. Asvathaa reserves all
rights, including without limitation, all intellectual property rights or other
proprietary rights, in connection with its games and the Service.
1.11.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE
AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE
ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE
ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ASVATHAA.
ASVATHAA RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR
180 DAYS.
1.11.3. Virtual Items
Asvathaa owns, has licensed, or otherwise has rights to use all
of the content that appears in the Service or the Asvathaa games.
Notwithstanding any provision to the contrary herein, you agree that you have
no right or title in or to any content that appears in the Service, including
without limitation the virtual goods or currency appearing or originating in
any Asvathaa game, whether earned in a game or purchased from Asvathaa, or any
other attributes associated with an Account or stored on the Service.
Asvathaa prohibits and does not recognize any purported
transfers of virtual property effectuated outside of the Service, or the
purported sale, gift or trade in the "real world" of anything that
appears or originates in the Service, unless otherwise expressly authorized by Asvathaa
in writing. Accordingly, you may not trade, sell or attempt to sell in-game
items or currency for "real" money, or exchange those items or
currency for value of any kind outside of a game, without Asvathaa’s written
permission. Any such transfer or attempted transfer is prohibited and void, and
will subject your Account to termination.
1.11.4. User Content
"User Content" means any communications, images,
sounds, and all the material, data, and information that you upload or transmit
through an Asvathaa game client or the Service, or that other users upload or
transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the
Service, you affirm, represent and warrant that such transmission or submission
is (a) accurate and not confidential; (b) not in violation of any laws,
contractual restrictions or other third party rights, and that you have
permission from any third party whose personal information or intellectual
property is comprised in the User Content; (c) free of viruses, adware,
spyware, worms or other malicious code; and (d) you acknowledge and agree that
any of your personal information within such content will at all times be
processed by Asvathaa in accordance with its Privacy Policy.
You hereby grant Asvathaa a perpetual and irrevocable (other
than as provided below), worldwide, fully paid-up and royalty free,
non-exclusive, unlimited license, including the right to sublicense and assign
to third parties, and right to copy, reproduce, fix, adapt, modify, improve,
translate, reformat, create derivative works from, manufacture, introduce into
circulation, commercialize, publish, distribute, sell, license, sublicense,
transfer, rent, lease, transmit, publicly display, publicly perform, or provide
access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and
practice, in any way now known or in the future discovered, your User Content
as well as all modified and derivative works thereof. To the extent permitted
by applicable laws, you hereby waive any moral rights you may have in any User
Content. The license you grant Us to use user posted content (except any
content you submit in response to Asvathaa promotions and competition or any other
content specifically solicited by Asvathaa) ends when you delete your User
Content or you close your Account unless your User content has been shared with
others, and they have not deleted it. However, you understand and accept that
removed content may persist in back-up copies for a reasonable period of time.
2. USER CONTENT
2.1. Content Screening
Asvathaa assumes no responsibility for the conduct of any user
submitting any User Content, and assumes no responsibility for monitoring the
Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content.
However, at our discretion, our representatives or technology may monitor
and/or record your interaction with the Service or communications (including
without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your
irrevocable consent to such monitoring and recording. You acknowledge and agree
that you have no expectation of privacy concerning the transmission of any User
Content, including without limitation chat text or voice communications.
If at any time Asvathaa chooses, in its sole discretion, to
monitor the Service, Asvathaa nonetheless assumes no responsibility for User
Content and assumes no obligation to modify or remove any inappropriate User
Content. We have the right, but not the obligation, in our sole discretion to
edit, refuse to post, or remove any User Content.
2.2. Information Use by Other
Members of the Service
2.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including
your observations and comments on designated topics. Asvathaa cannot guarantee
that other members will not use the ideas and information that you share.
Therefore, if you have an idea or information that you would like to keep
confidential and/or don’t want others to use, do not post it on the Service. Asvathaa
shall have no responsibility to evaluate, use or compensate you for any ideas
or information you may choose to submit.
ASVATHAA IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR
MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS
AND CHAT ROOMS.
2.2.2. Responsible For Your
Own Content
You are solely responsible for the information that you post on,
through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other
users (for instance, in their profiles) may, in whole or in part, be
unauthorized, impermissible or otherwise violate these Terms of Service, and Asvathaa
assumes no responsibility or liability for this material. If you become aware
of misuse of the Service by any person, please use any "Report Abuse"
link provided or contact us at Customer Support.
Asvathaa may reject, refuse to post or delete any User Content
for any or no reason, including, but not limited to, User Content that in the
sole judgment of Asvathaa violates these Terms of Service.
Asvathaa reserves the right to limit the storage capacity of User
Content that you post on, through or in connection with the Service.
2.3. Disclosure
You expressly agree that We have the right, at all times, and at
our sole discretion, to disclose any user content and other information
(including without limitation chat text, voice communications, IP addresses and
your personal information): (a) in response to legal process (for example, a
court order, search warrant or subpoena) when We have a good faith belief that
the information is required to be disclosed in response to legal process; (b)
to allow Us to satisfy any applicable law, regulation or governmental request;
(c) to allow Us to enforce these Terms of Service, the Asvathaa Privacy Policy
or any other agreement, terms or policy relating to the Service, (d) to protect
our legal rights and remedies; (e) in other circumstances in which We believe
the Asvathaa games or web sites are being used in the commission of a crime
(including exchanging information with other companies and organizations for
the purposes of fraud protection and credit risk reduction) and for the purpose
of reporting the same to the appropriate authorities; (f) to report any other
suspected crime or other offensive behavior to the appropriate authorities; (g)
when We have a good faith belief that there is a threat to the health and/or
safety of you or another person; or (h) when necessary either to protect the
rights or property of Asvathaa, or for Us to render the Service you have
requested.
2.4. User Interactions
2.4.1 Member Disputes
You are solely responsible for your interactions with other
users of the Service and any other parties with whom you interact through the
Service and/or Asvathaa games. Asvathaa reserves the right, but has no obligation, to become
involved in any way with these disputes.
2.4.2 Release
If you have a dispute with one or more users, you release us and
our Affiliates (and our and their respective officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code §1542, which says: "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
3. FEES AND PURCHASE TERMS
3.1. Purchases
In the Service you may purchase, with "real world"
money, a license to use (a) "virtual currency", including but not
limited to virtual coins, cash, tokens, or points, all for use in Asvathaa
games; (b) "virtual in-game items" (together with "virtual currency",
"Virtual Items"); and (c) other goods or services
("Merchandise"). You may also obtain a license to use Virtual Items
by redeeming third party virtual currency such as Facebook Credits.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE
THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Items by visiting the purchase page in one
of our games, providing your billing information, confirming the particulars of
your purchase and re-affirming your agreement to these Terms. When you place an
order to purchase Virtual Items from our Service, we may send you a
confirmatory e-mail that will contain details of the items you have ordered.
Please check that the details in the confirmatory e-mail are correct as soon as
possible and maintain a copy of it for your records. Asvathaa keeps records of
transactions in order to deal with any subsequent queries. If you purchase
Facebook Credits from Facebook, you are agreeing to Facebook’s
Payment Terms and Asvathaa is not a party to the transaction.
For Virtual Items, your order will represent an offer to us to
purchase the relevant product(s) which will be accepted by us when we make the
Virtual Items available in your account for you to use in our games or debit
your credit card, whichever comes first.
The provision of Virtual Items for use in Asvathaa games is a
service provided by Asvathaa that commences immediately upon acceptance by Asvathaa
of your purchase. By ordering Virtual Items you agree and accept that Asvathaa
will provide them to you immediately following completion of your purchase. If
you reside in the European Union and you purchase a product or service from Asvathaa,
you have the right to withdraw from a purchase within fourteen calendar days,
commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of
withdrawal if the performance of the services begins before the end of the
Cooling Off Period. Accordingly, please note that if
you purchase Virtual Items from us, your right of withdrawal is lost as the
performance of our services begins immediately once your purchase is completed.
3.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you
or anyone using an Account registered to you. Asvathaa may revise the pricing
for the goods and services offered through the Service at any time. YOU
ACKNOWLEDGE THAT ASVATHAA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON,
AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL
ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR
INVOLUNTARY.
4. THIRD PARTY ADVERTISING
4.1. Third Party
Advertisements
You understand that the Service and Asvathaa games may feature
advertisements from Asvathaa or third parties. Asvathaa's disclosure of
information in connection with third party advertising is addressed in Asvathaa's Privacy Policy.
4.2. Links to Third Party
Sites And Dealings With Advertisers
Asvathaa may provide links on the Service to third party
websites or vendors who may invite you to participate in a promotional offer in
return for receiving optional Services and/or upgrades (such as in-game
currency). Any charges or obligations you incur in your dealings with these
third parties are your responsibility. Asvathaa makes no representation or
warranty regarding any content, goods and/or services provided by any third
party even if linked from our Service, and will not be liable for any claim
relating to any third party content, goods and/or services. The linked sites
are not under the control of Asvathaa and such sites may collect data or
solicit personal information from you. Asvathaa is not responsible for their
content, business practices or privacy policies, or for the collection, use or
disclosure of any information those sites may collect. Further, the inclusion
of any link does not imply endorsement by Asvathaa of these linked sites.
5. COPYRIGHT
NOTICES/COMPLAINTS
It is Asvathaa's policy to respond to notices of alleged
copyright infringement that comply with the Digital Millennium Copyright Act.
For more information, please go to Asvathaa's Copyright Page to review our
DMCA Notification Guidelines. Asvathaa reserves the right to terminate without
notice any User's access to the Asvathaa Service if that User is determined by Asvathaa
to be a "repeat infringer." In addition, Asvathaa accommodates and
does not interfere with standard technical measures used by copyright owners to
protect their materials.
6. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Asvathaa may
require that you accept updates to the Service and to Asvathaa’s games you have
installed on your computer. You acknowledge and agree that Asvathaa may update
the Service and Asvathaa games, with or without notifying you. You may need to
update third party software from time to time in order to receive the Service
and play Asvathaa’s Games.
7. DISCLAIMERS / LIMITATIONS
/ WAIVERS / INDEMNIFICATION
7.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK
AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW
WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST
USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER ASVATHAA NOR ITS
AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS
(COLLECTIVELY, "ASVATHAA PARTIES") WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
7.2. LIMITATIONS; WAIVERS OF
LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED
BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO
ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR
INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY
JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY,
BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE ASVATHAA PARTIES
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE ASVATHAA PARTIES
ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ASVATHAA PARTIES LIABLE,
FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND
OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL
SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL THE ASVATHAA PARTIES BE LIABLE TO
YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID ASVATHAA IN THE ONE HUNDRED AND
EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT
ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ASVATHAA ANY
AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE
DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY DISPUTE WITH ASVATHAA IS TO STOP USING THE SERVICE 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. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY
TO YOU.
7.3. Indemnification
You agree to indemnify, save, and hold Asvathaa, its affiliated
companies, contractors, employees, agents and its third-party suppliers,
licensors, and partners harmless from any claims, losses, damages, liabilities,
including legal fees and expenses, arising out of your use or misuse of the
Service, any violation by you of these Terms of Service, or any breach of the
representations, warranties, and covenants made by you herein. Asvathaa
reserves the right, at Your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify Asvathaa, and you agree to cooperate with Asvathaa’s defense of these
claims. Asvathaa will use reasonable efforts to notify you of any such claim,
action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any
termination of your Account(s) or of the Service.
8. DISPUTE RESOLUTION
8.1. General
If a dispute arises between you and Asvathaa, our goal is to
provide you with a neutral and cost effective means of resolving the dispute
quickly. Accordingly, you and Asvathaa agree that we will resolve any claim or
controversy at law or equity that arises out of this Agreement or our services
(a "Claim") in accordance with one of the subsections below or as we
and you otherwise agree in writing. Before resorting to these alternatives, we
strongly encourage you to first contact us directly to seek a resolution by
going to Customer Support. We will
consider reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation.
8.2. Law and Forum for Legal
Disputes
If you are a resident of the United States or Japan, this
Agreement and any dispute arising out of or related to it or the Service shall
be governed in all respects by the laws of the State of California as they
apply to agreements entered into and to be performed entirely within California
between California residents, without regard to conflict of law provisions. You
agree that any claim or dispute you may have against Asvathaa Inc. must be
resolved exclusively by a state or federal court located in Los Angeles County,
California, except as otherwise agreed by the parties or as described in the
Arbitration Option paragraph below. You agree to submit to the personal
jurisdiction of the courts located within Los Angeles County, California for
the purpose of litigating all such claims or disputes.
If you reside outside of the United States or Japan, this
Agreement and any dispute arising out of or related to it or the Service shall
be governed in all respects by the laws of the Singapore and shall be
considered to have been made and accepted in Singapore, without regard to
conflict of law provisions. You agree that any claim or dispute you may have
against Asvathaa Pte Ltd. must be resolved exclusively by the courts in Singapore,
except as otherwise agreed by the parties or as described in the Arbitration
Option paragraph below. You agree to submit to the personal jurisdiction of the
courts in Singapore for the purpose of litigating all such claims or disputes.
8.3. Arbitration Option
For any claim (excluding claims for injunctive or other
equitable relief) where the total amount of the award sought is less than
$10,000, the party requesting relief may elect to resolve the dispute in a cost
effective manner through binding non-appearance-based arbitration. In the event
a party elects arbitration, they shall initiate such arbitration through an
established alternative dispute resolution ("ADR") provider mutually
agreed upon by the parties. The ADR provider and the parties must comply with
the following rules: (a) the arbitration shall be conducted by telephone,
online and/or be solely based on written submissions, the specific manner shall
be chosen by the party initiating the arbitration; (b) the arbitration shall
not involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and (c) any judgment on the award
rendered by the arbitrator shall be final and may be entered in any court of
competent jurisdiction.
8.4. Improperly Filed Claims
All claims you bring against Asvathaa must be resolved in
accordance with this Legal Disputes Section. All claims filed or brought
contrary to Section 8.2 shall be considered improperly filed. Should you file a
claim contrary to Section 8.2, Asvathaa shall be entitled to recover attorneys'
fees and costs up to $1000, provided that Asvathaa has notified you in writing
of the improperly filed claim, and you have failed to promptly withdraw the
claim.
9. SEVERABILITY
You and Asvathaa agree that if any portion of these Terms of
Service or of the Asvathaa Privacy Policy 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.
10. GENERAL PROVISIONS
10.1. Assignment
Asvathaa may assign or delegate these Terms of Service and/or
the Asvathaa Privacy Policy, in whole or in part, to any person or entity at
any time with or without your consent. You may not assign or delegate any
rights or obligations under the Terms of Service or Privacy Policy without Asvathaa’s
prior written consent, and any unauthorized assignment and delegation by you is
ineffective.
10.2. Supplemental Policies
Asvathaa may publish additional policies related to specific
services such as forums, contests or loyalty programs (“Supplemental Policies”).
Your right to use such services is subject to those specific policies and these
Terms of Service.
10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any
documents expressly incorporated by reference herein (including the Asvathaa
Privacy Policy), contain the entire understanding of you and Asvathaa, and
supersede all prior understandings of the parties hereto relating to the
subject matter hereof, whether electronic, oral or written, or whether
established by custom, practice, policy or precedent, between you and us with
respect to the Service.
10.4. No Waiver
The failure of Asvathaa to require or enforce strict performance
by you of any provision of these Terms of Service or the Asvathaa Privacy
Policy or failure to exercise any right under them shall not be construed as a
waiver or relinquishment of Asvathaa's right to assert or rely upon any such
provision or right in that or any other instance.
The express waiver by Asvathaa of any provision, condition, or
requirement of these Terms of Service or the Asvathaa Privacy Policy shall not
constitute a waiver of any future obligation to comply with such provision,
condition or requirement.
Except as expressly and specifically set forth in this these
Terms of Service, no representations, statements, consents, waivers, or other
acts or omissions by Asvathaa shall be deemed a modification of these Terms of
Service nor legally binding, unless documented in physical writing, hand signed
by You and a duly appointed officer of Asvathaa.
10.5. Notices
We may notify
you via postings on www.asvathaa.com, and via e-mail or any other
communications means to contact information you provide to us. If you a user in
the United States or Japan, all notices given by you or required from you under
these Terms of Service or the Asvathaa Privacy Policy shall be in writing and
addressed to: Asvathaa Inc. Attn: LEGAL DEPARTMENT, 16845 Superior Street,
Northridge, CA – 91343, USA. If you are a user outside of the United States or
Japan, all notices given by you or required from you under these Terms of
Service or the Asvathaa Privacy Policy shall be in writing and addressed to: Asvathaa
Pte. Ltd. located at 114A Arthur Road,
#21 - 08, Katong Park Tower Singapore 439826.
Any notices that you provide without compliance with this
Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made
under these Terms of Service to Asvathaa are of a unique and irreplaceable
nature, the loss of which shall irreparably harm Asvathaa and which cannot be
replaced by monetary damages alone so that Asvathaa shall be entitled to
injunctive or other equitable relief (without the obligations of posting any
bond or surety or proof of damages) in the event of any breach or anticipatory
breach by you.
You irrevocably waive all rights to seek injunctive or other
equitable relief, or to enjoin or restrain the operation of the Service or any Asvathaa
game, exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Service or any content or other material used
or displayed through the Service and agree to limit your claims to claims for
monetary damages, limited by Section 7.2 (if any).
10.7. Force Majeure
Asvathaa shall not be liable for any delay or failure to perform
resulting from causes outside the reasonable control of Asvathaa, including
without limitation any failure to perform hereunder due to unforeseen
circumstances or cause beyond Asvathaa’s control such as acts of God, war,
terrorism, riots, embargoes, acts of civil or military authorities, fire,
floods, accidents, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials.