TERMS AND CONDITIONS OF USE
This website: https://dreamgamestudios.in/ (“Website”) is owned and operated by the Sporta Technologies Private Limited (the “Company”). Through the Website, the Company provides users with information related to (i) online game products and services created, developed, published, and/or offered by the Company and its affiliates; and (ii) online game products and services that are at various stages of conception and development by the Company and its affiliates.
The terms ‘Company’ or ‘us’ or ‘our’ or ‘we’ refer to the owner of this Website. The term ‘you’ or ‘user’ refers to the user or viewer of this Website.
ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
These Terms were last modified on 16th September 2021.
1.1 You will be eligible to use the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872 if he/she is above 18 (eighteen) years of age, is of a sound mind, and is not disqualified from contracting by any law to which he/she is subject.
1.2 As a minor, if you wish to use the Website, such use shall only be made by a person of legal contracting age (legal guardian or parent). We reserve the right to block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law.
2. WEBSITE CONTENT
All materials, including all illustrations, statements, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips, and software on and underlying the Website(collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned by the Company or by other parties that have licensed their material to the Company. The Content, and the Website as a whole, are intended solely for your personal, non-commercial use. You may not copy Content from this Website, or otherwise modify, obscure, or delete any copyright or other propriety notices on this Website. No right, title, or interest in any materials or software, if applicable, on this Website is transferred to you from your use of this Website. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, commercialize or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Website, or any related material (including without limitation, information obtained by way of email updates from the Company in relation to the Website) without the prior written authorization of the Company.
3. USER CONTENT
3.1 Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Website ("User Content"). The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Website and reporting the user to the law enforcement authorities.
3.2 You shall not write or send User Content using language or content which:
- is abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
- is contrary to any applicable law;
- violates third parties' intellectual property rights;
- violates any third party’s right of privacy;
- is in breach of any other part of these Terms;
- is harmful to a child;
- impersonates another person;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
- contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- poses or creates a privacy or security risk to any person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes”, or any other form of solicitation;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; and
- is in the sole judgment of the Company, objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the the Company or its users to any harm or liability of any type.
3.3 You represent and warrant that you own all intellectual property rights in your User Content and that no part of the User Content infringes any third-party rights. You further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any third party on the Website. You agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, information providers, affiliates, licensors, licensees, third-party service providers, associates, and assigns against all costs, damages, loss, and harm including towards reasonable legal fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website, by you or through your commissions or omissions.
3.4 The Company has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. The Company may release your information when the release is required to comply with the law, enforce our policies, protect the Company’s or other third party’s rights, property, or safety.
3.5 You hereby grant to the Company and its affiliates, partners, licensors, and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes
4. CONTRIBUTED CONTENT
This Website may contain views/ideas/opinions expressed by independent authors/contributors/posters on various topics. Such views/ideas/opinions are solely those of the authors/contributors/posters and not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the views/ideas/opinions expressed by such authors/contributors/posters on any section of this Website. Further, the accuracy of such statements has not been verified by the Company and the Company provides no warranties of the same. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.
5. USER RESTRICTIONS
5.1 Your use of our Website is solely for your personal informational purposes and non-commercial use. In addition to the aforementioned restrictions on the usage of Content, you shall not:
- decompile, reverse engineer, or disassemble the Content, or tamper or remove any copyright, trademark registration, or other proprietary notices from the Content;
- use our Website for commercial purposes of any kind;
- advertise or sell or otherwise (whether or not for profit) solicit others (including, without limitation, solicitations for contributions or donations) in relation to the Company’s or any of the Company’s brand names;
- aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for access to the Website;
- use the Website in any way that is unlawful, fraudulent, or dishonest, or harms the Company or any other person or entity, as determined by the Company;
- make, use, display, transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
- make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship unless you own or control the rights thereto or have received all necessary consents for such use of the content;
- access or use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
- intentionally or unintentionally interfere with or disrupt or violate any applicable laws related to the access to or use of the Website, violate any requirements, procedures, policies, or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms;
- disrupt or interfere with the security of, or otherwise cause harm to the Website, Content, systems resources, or gain unauthorized access to the servers or networks connected to or accessible through the Website or any affiliated or linked sites; and
- use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the exclusionary protocols, navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website.
6. WARRANTY AND LIABILITY DISCLAIMER
6.1 This Website and the Content herein is provided by the Company in good faith on an “as is”, “as available” basis and the Company does not guarantee the accuracy, timeliness, completeness, performance, or fitness for a particular purpose of this Website. Further, the Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website, the information, the Content, or materials herein or hereon. To the extent as permitted under applicable law, the Company disclaims all responsibility (whether direct, indirect, consequential, or otherwise) with respect to the accuracy or otherwise of the information, Content, materials, or services arising from the use of this Website. Without prejudice to the foregoing paragraph, the Company does not warrant that:
- this Website will meet your requirements;
- this Website will be constantly available, or available at all;
- the information on this Website is complete, true, accurate, or not misleading; or
- the quality of any information or other material that you obtain through the Website will meet your expectations.
6.2 The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of any content, software, text, graphics, and links.
6.3 The Company does not warrant that this Website; information, Content or materials included on or otherwise made available to you through this Website; the servers hosting the Website; or electronic communication sent from the Company, are free of viruses or other harmful components. The Company utilises safeguards and industry best practices to protect the Website from hackers, sniffers, and malicious modification tools, however, it does not warrant that the Website shall be completely safe from such attacks at any period. However, any data or information downloaded or otherwise obtained through the use of the Website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or devices or loss of data that may result from the download of such data or information.
6.4 The Company reserves the right to introduce and initiate new features, functionalities, components to the Website and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the Company is entitled to discontinue (either permanently or temporarily) one or more of the Website features provided or terminate the Website without any prior notice to you.
6.5 The Company shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by you or any other person or entity during the course of access to the Website or services obtained or opted for through the Website.
6.6 You shall be solely responsible for any consequences which may arise due to your access of the Website by conducting an illegal act or due to non-conformity with these Terms including the provision of incorrect address or other personal details
6.7 Nothing on this Website constitutes or is meant to constitute, advice of any kind.
7. THIRD-PARTY LINKS
7.1 Please note that this Website may contain links provided by third parties. Any website, information, or services accessed by or as a result of following such third-party links is at your sole risk. The content viewed through any third-party links is not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided by such third-party links. Further, the accuracy of the content provided through third-party links has not been verified by the Company and we provide no warranties with respect to the same. Any information collected on websites visited through such third-party links is subject to the privacy policies of such third-party websites.
7.2 Any dealings you have with third parties found while using the Website are between you and the third-party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party. The Company does not endorse any advertisers on its Website, or any linked sites in any manner. You are requested to verify the accuracy of all information provided on the third-party web pages.
8. ACCURACY OF INFORMATION
The information presented on this Website has been compiled by the Company from various sources including external sources. No representation is made, or warranty given as to the completeness or accuracy of such information. This Website may contain typographical errors, incomplete or out-of-date information. The Company reserves the right to make changes to the Content and information on this Website, or to the services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.
You represent, warrant, and covenant that (i) you will fulfill your obligations hereunder these Terms in good faith; (ii) no materials of any kind provided by you will (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain defamatory or otherwise unlawful material. You hereby indemnify, defend and hold harmless, the Company and all of the Company’s officers, directors, employees, agents, information providers, affiliates, licensors, licensees, third-party service providers, associates, and assigns (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
The Company may immediately, without notice, deny you access to this Website if, in the Company’s opinion, you fail to comply with any or all of the Terms set forth herein.
11. INFRINGEMENT OF COPYRIGHT
In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: email@example.com
- Clear identification of the copyrighted work allegedly infringed;
- Clear identification of the allegedly infringing material on the Website (with specific URL reference);
- Your contact details: name, address, e-mail address, and phone number;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- Your signature or a signature of your authorized agent.
12. APPLICABLE LAW
This Website, including the Content and information contained herein, shall be governed by the laws of the Republic of India, and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern any disclaimers, legal notices, privacy policies of this Website, and any transactions completed using this Website.
13. INFORMATION GATHERED AND TRACKED
You may not assign your rights and obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Website.
If any provision of these Terms are determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17. FEEDBACK FROM USER
The Company may require the feedback of its users for improving the Website. You shall hereby authorize the Company to contact you for your feedback on the Website offered by the Company. Such feedback may be collected through emails, telephone calls, SMS, or any other medium from time to time. In case you choose not to be contacted, you shall write to the Company for specific exclusion at firstname.lastname@example.org
18. GRIEVANCE REDRESSAL
18.1 In case you have any complaints or grievance pertaining to (i) any User Content or your access to the Website; or (ii) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights – please refer to Clause 11 for the reporting mechanism for such claims), please share the same with us by writing to: email@example.com
18.2 In your complaint or grievance, please include the following information:
- You name and contact details: name, address, phone number, and e-mail address;
- Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
- The name of the person aggrieved or affected by the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person;
- Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
- A statement that you believe, in good faith, that the User Content violates these Terms or any applicable law; and
- A statement that the information provided in the complaint or grievance is accurate.
18.3 On receiving such complaint, grievance, or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance, or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.