TERMS AND CONDITIONS
1. Introduction
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in the contact us section of these terms. If you do not agree with these terms, you must stop using the App immediately.
2. General
The App is made available for your personal use. The App must not be used for any commercial purpose or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable Indian laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but not limited to, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
3. Content
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to 2747 Games. All rights are reserved. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without 2747 Games’ express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by 2747 Games. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of 2747 Games.
4. In-App Purchases
(a) The game includes in-app purchases that allow you to buy things such as virtual currency, items, lives, boosters etc. (all virtual in nature) to use within the Game (“In-App Purchases”). It is not necessary to make any In-App Purchases in order to complete the Game. Whilst you cannot switch off In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play the Game (see point (c) below). You acknowledge and agree that you are fully responsible for you managing your In-App Purchases and the amount you spend on In-App Purchases within the Game.
(b) The Game is not targeted for people under 18 but is rated for 3+ so if you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
(c) More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider’s terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.
(d) In-App Purchases can only be consumed within the Game. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the Game, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.
(e) If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase or are unable to do so within reasonable period of time and without significant inconvenience to you, we will let you know to initiate a refund with the App Store Provider directly as stated in the App Store Provider’s terms and conditions/EULA.
(f) You acknowledge and agree that billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Game and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with the In-App Purchases then you need to contact the App Store Provider directly.
5. 2747 Games’ Rights & Responsibilities
We do not guarantee that the App will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions.
For example, there may be times when the App is unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain the App without giving you prior notice.
We will not be responsible for third party content that we host or display on the App such as third party games or advertising.
We will not be liable for any loss, damage or upset that you suffer as a consequence of any event disseminating from the App becoming temporarily or permanently unavailable.
We (and any third party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the App:
- Temporary, intermittent or permanent connection loss;
- Damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
- Loss, damage or upset that you suffer as a consequence of the actions of another user;
- Loss or damage which is caused by us when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the App;
- Any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the App, for instance if you lose revenue or salary, profit, opportunity or reputation; and
- Any loss or damage if the App is not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labor dispute, civil commotion or other act or event beyond our reasonable control.
- Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.
The App is provided on an 'as is' and 'as available' basis. We do not make any representation, guarantee or promise in respect of the App, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services. We may change the App at any time at our discretion. We may also make different features or promotions in our App available to different users so your experience of using the App may not be identical to other users.
We will take reasonable steps to ensure that our App is free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.
6. User Responsibilities
As defined, a “User “means a person who uses our app (whether or not registered with us).
Users should be aware that 2747 Games will not take responsibility for user’ personal conditions and behaviour. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by users’ mobile network provider, but 2747 Games cannot take responsibility for the app not working at full functionality if users don’t have access to Wi-Fi, and if users don’t have any of data allowance left.
If users are using the app outside of an area with Wi-Fi, they should remember that their terms of the agreement with their mobile network provider will still apply. As a result, they may be charged by their mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, users are accepting responsibility for any such charges, including roaming data charges if they use the app outside of their home territory (i.e. region or country) without turning off data roaming. If users are not the bill payer for the device on which they’re using the app, we assume that they have received permission from the bill payer for using the app.
Along the same lines, 2747 Games cannot take responsibility for the way the app is used. Users need to make sure that their device stays charged – if it runs out of battery and they can’t turn it on to avail the service, 2747 Games cannot accept responsibility.
With respect to 2747 Games’ responsibility for use of the app, when using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. 2747 Games accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android – the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and users need to download the updates if they want to keep using the app. 2747 Games does not promise that it will always update the app so that it is relevant to and/or works with the Android version that users have installed on their device. However, users promise to always accept updates to the application when offered. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination. Unless we tell otherwise, upon any termination, (a) the rights and licenses granted in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Users are responsible for their own security in conjunction with our services, both online and offline.
Users are solely responsible for the material they post on the App, including messages sent, and must not post defamatory, offensive or illegal material.
Users must immediately report any defamatory, offensive or illegal material they view on our App.
Users must exercise their own judgement regarding the accuracy of information provided on the App. 2747 Games cannot guarantee that all of the content on the App is complete, accurate or up-to-date.
Users are responsible for their own internet security when using the App.
Users must contact 2747 Games immediately if they believe their password has been compromised.
Users will be responsible for the actions of any interactions conducted in their name until they have notified 2747 Games.
Users must not use the site with the intention of disintermediating 2747 Games in any way.
Users must not use the website with the intention of disintermediating 2747 Games in any way.
Users must not promote opportunities or services of any company other than 2747 Games.
Users agree to abide by the Privacy Policy provided by 2747 Games.
Any User who fails to meet these terms and conditions may be barred from using the App and related services.
The App is not directed at children. For the App you may need to register and should be at least 13 or over to do so.
If you help a User who is under 13 to register for or otherwise use any App you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
7. Third Party Content, Advertising and Websites
On some pages you may see links to third party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third party website or content which is linked from our App. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, license agreement and privacy policy which you will need to be aware of.
On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our App. Please report any advert that you find offensive or inappropriate to 2747Games@gmail.com and we will investigate the matter.
If you click on any advert, you will be dealing with external companies responsible for that advert. We are not responsible or liable for anything that happens to you when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, license agreement and privacy policy which you will need to be aware of.
8. Intellectual Property
All of the content and information contained in the App are owned or licensed by 2747 Games and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable gameplay and texts. In particular, any names, title, logos and designs that contain 2747 Games are exclusively owned by us.
You are not allowed to use the App or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify the App in any way.
You acknowledge that the App may allow you to create your own personalized username and avatar and may also allow you to communicate with other users and post messages, images, text and other material ("User Content") which can be seen by others.
By posting or making available any User Content through our App, or by sending any User Content to us, you agree that you have the right and all necessary approvals to use such User Content and that we can use, change or adapt it in any media without any payment or obligation to you or anyone else. You further agree that the availability or publishing of any such User Content as part of our App will not cause us to infringe the rights of any third party or to be in breach of any applicable law or regulation. Please therefore make sure you do not post any content which may infringe any third party rights. We may need to remove any potentially infringing content without notice. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this paragraph.
9. Disclaimers and Limitation of Liability
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- Such loss or damage was not reasonably foreseeable by both parties;
- Such loss or damage is caused by you, for example by not complying with this agreement;
If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer:
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
Our liability of any kind (including our own negligence) with respect to our App for any one event or series of related events is limited to $100.
In no event (including our own negligence) will we be liable for any:
- Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- Loss of goodwill or reputation;
- Special, indirect or consequential losses; or
- Damage to or loss of data (even if we have been advised of the possibility of such losses).
This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
10. Changes to the terms and conditions
You will be bound by the revised agreement, if you continue to use our App or the Services following the effective date shown.
11. Governing Law & Jurisdiction
These terms and conditions shall be governed by Indian law and any disputes will be decided only by the courts of the Republic of India.
If any clause or part of these terms and conditions are found to be unenforceable in law, the other terms and conditions will remain in force.
12. Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at 2747Games@gmail.com