Arya Panchal Terms Of Use
Arya Panchal Terms Of Use
1.
Introduction
Arya
Panchal game development organization is solely dedicated to giving
the best service to our users while ensuring to guarantee their
integrity and security.
The
terms of this agreement regulate the relationship between you and
Arya Panchal regarding your use of Arya Panchal's games, website and
the service provided on or through the Websites and/or accessible
through various desktop and mobile web browsers, locally installed
mobile web applications including but not limited to Games,
third-party platforms, including social networking sites, and various
API services and other services that we may offer from time to time,
including without being limited to social, online and/or other games
and applications, community forums and blogs.
The
right to use Arya Panchal service is subject to your compliance with
all the terms and conditions illustrated below:
Use
of this services is also governed by Arya Panchal's Privacy Policy,
which is also available at our website and described these Terms Of
Use.
You
may also need to register an account before accessing or using our
services,
By
installing, using or accessing our service, you agree to these terms
of use and the privacy policy. If you do not agree to these terms of
use or to the privacy policy then please do not install, use or
access our service.
By
registering an account or otherwise using any Arya Panchal's service,
You attest to be 13 years old or older and confirm that you
understand and agree to these terms of use. If You are between 13 and
17 years old, you attest that your legal guardian has reviewed and
agreed to these Terms.
Arya
Panchal reserves the right, at its sole discretion, to change,
modify, add or remove parts or sections of these Terms of Use and the
related Privacy Policy at any time, by posting the revised terms on
the Usage. You will be considered to have accepted such changes by
continuing to use the services. If at any point, You do not agree to
any part of the then-current version of our Terms of Use OR the
Privacy Policy, or any other Arya Panchal policy, rules or codes of
conduct, You may not install, access and/or use the services and You
are requested to promptly stop using them and to erase/delete any
Application, and any part thereof, from your device.
2.
Conditions Of License To Users
2.1
General Conditions
Upon
your agreement and continuing compliance with these Terms of Use, the
Privacy Policy, and the Supplemental Policies, Arya Panchal grants
you a non-exclusive, non-transferable, non-sublicensable, revocable
and limited license to install, access and use the services for your
own non-commercial entertainment purposes. You hereby agree not to
use the services for any other purpose.
The
licenses provided by Arya Panchal to the users of the services are
subject to the following restrictions:
-
You shall not access the services if You are under the age of 13. You shall 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 instruments by minors;
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You shall not sell, rent, share or give away your account, nor create an account using a false identity or information or on behalf of someone other than yourself;
-
You shall not use the services if you have been previously banned from playing or using any Arya Panchal Application; and
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You shall not use the services to advertise or transmit any commercial advertisements to anyone, include chain letters, junk or spam e-mail or repetitive messages.
2.2
Account Creation
When
creating your account, You will be required to elect a username and a
password, which You will have to enter whenever you desire to access
such an account. You shall not disclose your login information nor
let anyone else access your account or do anything else that might
risk the security or integrity of your account. If you have any
reason to suspect or become aware of any breach in the security of
your account, including but not limited to any loss, theft, or
unauthorized disclosure of the login information, you must
immediately notify Arya Panchal and change your login information.
You
are solely responsible for maintaining the confidentiality and
integrity of the login information and you will be responsible if it
is used or accessed by others, including but not limited to purposes
of in-application purchases, whether or not authorized by you. In
other words, you are responsible for anything that happens through
your Account.
Arya
Panchal reserves the right to delete or reclaim any username at any
time and for any reason, including but not limited to claims by a
third party that a username violates such third party’s privacy
rights.
Do
note that the services support only one account per game on a
supported device.
2.3
License Restriction
Any
use of the services that are not in accordance with the restrictions
and rules provided by this Terms Of Use is strictly prohibited. We
reserve the right to immediately deny or revoke your license to the
services if you violate any of the terms described herein and we may
also hold you liable for any violations of the law.
In
order to have access to the services You may not, under any
circumstances:
-
Engage in any act that Arya Panchal considers to be in conflict with the spirit or intent of the services, or make improper use of Arya Panchal support services;
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Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the services, or, without Arya Panchal's express consent, modify or alter any portions or sections of the services;
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Interrupt, overburden, aid or assist in the interruption or overburdening of any device or server dedicated to assist or support the functioning of the services;
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Employ, assist, or become involved in any type of attack, including but not limited to virus distribution, denial-of-service attacks, or other attempts to interfere with the services or to disturb any other person’s use of the services;
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Attempt to gain unauthorized access to the services, to accounts registered to third parties or to the computers, servers, or networks connected to the services, by any means other than the user interface provided by Arya Panchal, including but not limited to attempts or actions to circumvent or modify, or to encourage or assist third parties to circumvent or modify, any security feature, technology, device, or software that is part of the services;
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Post anything on the services that is somehow abusive, threatening, obscene, defamatory, racist, sexist, religiously intolerant, or otherwise offensive;
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Post any data on the services that contain nudity or excessive violence, or which contains a link to such kind of content;
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Harass, abuse, or harm, or advocate or incite harassment, abuse, or harm to another person or group, including Arya Panchal's employees and customer service representatives;
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Transmit or post on the services any material or information that infringes any copyright, trademark, patent, trade secret, a right of privacy, a right of publicity, or any other right of any person or entity, especially through the impersonation of such person, including but not limited to aArya Panchal 's employee;
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Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used for the provision of the services, or to obtain any data from the services using any method not expressly permitted by Arya Panchal;
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Transgress, disobey or fail to comply with any applicable international or domestic legislation;
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Solicit, collect, steal, extort or attempt to solicit, collect, steal or extort any personal information from other users or to post anyone’s private information on the services, including personally identifiable information, identification documents, and financial data.
Arya
Panchal reserves the right to indicate what conducts it deems to be
in contradiction to these terms of use OR to the intent of the
services themselves. Arya Panchal reserves the right to take action
as a result, which may include without being limited to deleting your
account and prohibiting you from using the services.
-
License Suspension and Termination
Without
limitation to any other remedies or actions, Arya Panchal reserves
the right to restrict, modify, suspend, or delete accounts or to
limit the access to the services or its portions thereof, with or
without notice to you, if you are, or if Arya Panchal suspects that
you are, failing to comply with any of the Arya Panchal's terms, or
that you are taking part in any actual or suspected illegal or
improper use of the services. Arya Panchal may, at its sole
discretion, reclaim or delete your username, display name, and avatar
as a result of account termination or restriction, as well as revoke
any benefits, privileges, earned items and purchased items associated
with your use of the services, and Arya Panchal has no obligation to
compensate you for any loss or damage resulting from such
restrictions or revocations.
Without
limitation to any other remedies or actions, Arya Panchal reserves
the right to limit, suspend or terminate the accounts and services or
portions thereof, with or without giving notice to you, prohibit
access to our games and websites, delay or remove hosted content, and
take technical and legal actions to prevent Users from accessing and
using the services if We believe that they are violating any law,
infringing any third parties’ intellectual property rights, or not
acting in accordance with the intent of the Arya Panchal Terms.
Arya
Panchal may also terminate any account that has been inactive for 150
days.
Arya
Panchal may, at any time and at its sole discretion, stop offering
and/or supporting the services or any of its parts thereof, at which
point your license to use the services or its ports thereof will be
automatically terminated. Arya Panchal shall not be liable for
providing any refunds, payments or other compensation to You due to
such termination of the services.
You
may delete your account at any time and for any reason by properly
informing Arya Panchal that you wish to terminate your Account.
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License Ownership
-
Services
You
have obtained a license to use the services and your rights are
subject to these Terms Of Use, to the Privacy Policy and to the
Supplemental Policies. You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights related to all
material or content supplied as part of the services shall remain at
all times owned by Arya Panchal or by their respective third party
owners. You are permitted to use this material only as expressly
authorized by Arya Panchal or by the Licensors. You acknowledge and
agree that the material and content within the services are made
available for your personal non-commercial use only.
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Copyright & Trademarks
The
Intellectual Property Rights related to the services and the
materials on or accessible via them are owned by Arya Panchal or its
Licensors. The services and the materials on or accessible via them
and the Intellectual Property Rights therein may not be copied,
distributed, published, licensed, used or reproduced in any way.
The
brand name “Arya Panchal” and the Arya Panchal logo are
trademarks owned by Arya Panchal, and they may not be used, copied or
reproduced in any way without written consent from us.
All
trademarks not owned by Arya Panchal are the property of their
respective third-party owners and are used with their permission.
Nothing contained on the services may be construed as granting, by
implication, estoppel, or otherwise, any right or license to use any
trademark.
For
the purposes described above, the Intellectual Property Rights
include but are not limited to any patent, software, trademark, trade
name, service mark, service name, design, design right, copyright,
sequence and arrangement of items, database rights, moral rights,
know-how, trade secret and other confidential information, rights
related to any of these items in any country, unfair competition
rights and rights to sue for passing off or other similar
intellectual or commercial right and registrations of and
applications to register any of them.
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Virtual Items
Arya
Panchal owns, has licensed, or otherwise has rights to use all
content featured or originated in the services. You agree that you
have no right or title to any content featured or originated in the
services, including but not limited to 'Virtual Currency', whether
virtual cash, diamonds or other, and 'Virtual In-Game Items', whether
earned in a game or purchased from Arya Panchal, or any other
components associated with an account or stored on the services.
All
purchases and redemptions of Virtual Items made through the services
are final and non-refundable.
You
acknowledge and agree that Virtual Items have no cash value and that
neither Arya Panchal nor any other person or entity has any
obligation to exchange your Virtual Items for anything of value,
including but not limited to real currency or goods, and that, if
your Account is terminated, suspended or otherwise modified or if
your right to access the services is terminated, the virtual items
attached to your Account shall have no value.
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User Content
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General Terms
'User
Content' means any communications, images, sounds, and all the
material, data, and information that users upload or transmit through
the services. By transmitting or submitting any user content while
using the services, you affirm, represent and warrant that such
transmission or submission is:
1.
accurate and not confidential;
2.
not in violation of any laws, contractual restrictions or third party
rights, and that you have permission from any third party whose
personal information or intellectual property is comprised in the
user content; and
3.
free of viruses, adware, spyware, worms or other malicious code.
You
acknowledge and agree that any of your personal information contained
in your user content may at all times be processed and used by Arya
Panchal in accordance with our Privacy Policy.
Arya
Panchal may, at any time, at its sole discretion and without prior
notice, review, analyze, edit, delete, disable access to or otherwise
make unavailable any user content, regardless of its reasons in doing
so.
2.
Content Screening
Arya
Panchal will not be held responsible for any submissions of user
content and assumes no responsibility for monitoring the services in
search of inappropriate content or material. Arya Panchal is notable
and does not possess the number of resources necessary to analyze all
user content. Thus, Arya Panchal does not pre-screen or monitor all
such content. By using the services, You may be exposed to user
content that is offensive, indecent or otherwise not in line with
your expectations. You bear all risks associated with your use of the
services and your access to any user content available in connection
with them.
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User Ideas
Arya
Panchal does not accept or take into account any unsolicited ideas
displayed by users, including ideas for new promotions, products,
games, applications, technologies, processes or other ideas. You must
not transmit to or through the services or Third Party Platforms any
useful ideas that you consider to be confidential or proprietary. You
agree that Arya Panchal shall not be required to treat any user ideas
as being confidential or proprietary. You are responsible and liable
for any useful ideas you submit.
You
agree that, by submitting user ideas to Arya Panchal, including any
concepts, know-how or technologies, You hereby grant Arya Panchal a
perpetual, irrevocable, worldwide, non-exclusive, royalty-free,
sublicensable and transferable license to use, reproduce, distribute,
sell, exploit, prepare derivative works of and display the user ideas
in connection with the services, and with Arya Panchal's business,
including but not limited to promoting and redistributing part or all
of the user ideas in any media formats and through any media
channels, whether now known or hereafter developed, without payment
or accounting to you or others. Arya Panchal is under no obligation
to evaluate, review, use or remunerate any user idea.
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Responsibility For Your Own Content
You
are solely responsible for the information that you, by any means,
share through our services or in connection with the services, and as
well as for the information you provide to third parties. Arya
Panchal reserves the right to reject, refuse to post or delete, at
its sole discretion, for any or no reason, any user content made
available through the services.
-
Grant of License to Arya Panchal
You
hereby grant to Arya Panchal an irrevocable, perpetual, transferable,
fully paid-up, royalty-free, worldwide license and right to copy,
reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license,
sublicense, transfer, 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, your user content
as well as all modified and derivative works thereof in connection
with our provision of the services, including marketing and
promotions of such services.
You
hereby further grant to Arya Panchal the unconditional, irrevocable
right to use and exploit your name, username, display name, avatar
and any other information or material included in any user content
and in connection with any user content, without any obligation to
you. Except as prohibited by law, you waive any rights of attribution
and/or any moral rights you may have in connection to your user
content, regardless of whether your user content is amended or
changed in any manner.
Arya
Panchal does not claim any ownership rights over your user content
and nothing in these Terms Of Use is intended to restrict any rights
that you may have to use and exploit your user content. You hereby
acknowledge and agree that Arya Panchal has no obligation to monitor
or enforce your intellectual property rights in connection to your
user content.
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User Interactions
You
are solely responsible for your interactions with other users and any
other parties with whom you interact through the services. Arya
Panchal reserves the right but has no obligation, to become involved
in any way with these interactions and occasional related disputes.
You will fully co-operate with Arya Panchal to investigate any
suspected unlawful, fraudulent or improper activity, including but
not limited to granting Arya Panchal access to any password-protected
sections of your account.
If
you have a dispute with one or more users, you hereby release Arya
Panchal and any of its officers, directors, agents, subsidiaries,
joint ventures and employees from any liabilities, and you can also
waive all claims, demands, and damages of every kind and nature,
known and unknown, arising out of or in any way connected with such
disputes.
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Purchase Terms
-
General Conditions of Purchases
In
the services, you may purchase, with real currency, a limited,
personal, non-assignable and revocable license to use virtual items
and other goods or services. You may also obtain a license to use
virtual items by redeeming third parties’ virtual currency,
including but not limited to Facebook Credits. You recognize that you
do not own or have any rights regarding the virtual items or
merchandise that you might acquire.
Arya
Panchal reserves the right to manage, control, alter or delete
virtual items and/or merchandise at any time, with or without notice,
and without any liability towards you or any third party.
The
display of virtual items for use in the services will begin
immediately upon acceptance of your purchase by Arya Panchal.
Any
unauthorized transferring, trading, selling or exchanging of any
virtual items or accounts with anyone, including other users, is
strictly forbidden under these terms. All users who engage in such
activities do so at their own risk and hereby agree to indemnify Arya
Panchal against any and all consequences, claims, and liabilities
resulting from such actions.
You
acknowledge that Arya Panchal may suspend, terminate, discontinue, or
reverse any unauthorized transaction, regardless of when such
unauthorized transaction occurred.
You
further agree that Arya Panchal may, at its sole discretion, cancel
any transaction that is not in its best interest or may debit your
balance of virtual currency, which may drain your balance to a zero
amount. Arya Panchal may also, at its sole discretion, terminate,
suspend, or modify your account if you engage or assist in any
unauthorized transaction.
Verification
of certain information applicable to a transaction involving virtual
items may be required prior to Arya Panchal's acceptance thereof. In
addition, as a condition to receiving certain virtual items, or other
awards for participating in promotions, you may be required to
provide additional information, to sign a release, or to authorize
the use of certain information about you in Arya Panchal's marketing
materials and other activities related to the services.
You
warrant and agree that Arya Panchal shall have no liability for the
use or loss of such information, or of virtual items, due to any
unauthorized third party activity, such as hacking, phishing,
password mining, social engineering, and/or any other unauthorized
third party or other users' activity. Arya Panchal may replace such
lost virtual items under certain circumstances, at its sole
discretion on a case-by-case basis, without incurring in any
obligation or liability.
Arya
Panchal or its designated agent may require you to provide your
credit card number or any other billing information that may be
deemed as necessary in order to purchase virtual items. You may also
be presented with the option of participating in the third party
offers to receive virtual currency.
Arya
Panchal is not responsible or liable to you for any credit card or
bank-related charges and fees related to your transactions in the
services, on or through Third Party Platforms, or for your
participation in any third party offers. All such transactions are
administered by a third party payment processor and/or store. Arya
Panchal expressly disclaims any liability for those payment
transactions, including fraudulent use of your credit card, bank
account or another type of payment account by third parties, and you
agree that your sole avenue of recourse regarding problems with the
payment transactions is through the respective third party processor
and/or store.
You
acknowledge and agree:
1.
that any credit card transaction-related information will be treated
by Arya Panchal as described in our Privacy Policy and, as
applicable, in the privacy policies of the respective third-party
payment processor or stores;
2.
that all credit card and other payment-related information that You
provide to Arya Panchal, its designated payment processor or store,
or a third party providing offers, is accurate, current and complete;
3.
that You will pay any and all charges incurred by you resulting from
your purchase at the rate in effect when such charges are incurred;
and
4.
that You are responsible for any and all federal, state and local
taxes and penalties, if any, relating to or arising from your
purchase.
You
further agree to pay all fees and applicable taxes incurred by you or
anyone using an account registered to you. Arya Panchal reserves the
right to revise, at any time, the prices of all the goods and
services offered through the services.
You
acknowledge that Arya Panchal is not required to provide any refunds,
payments or other compensation if your account is terminated, whether
such termination was voluntary or involuntary, or whether you made
the payment through Arya Panchal or any other designated agent, as
previously described in term 3.3.
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Platform Provider Additional Terms
The
Applications will be made available on the platforms provided by
third parties.
The
respective Platform Provider Terms of Use, Privacy Policy or any
other policy, rules or codes of conduct relating to the use of the
Platform, govern your use of the following Platforms:
a)
iTunes Store, Mac App Store and App Store, all provided and
maintained by Apple Inc.;
b)
Google Play, provided and maintained by Google Inc.;
c)
Windows Phone Store provided and maintained by Microsoft Corporation;
d)
Samsung Galaxy Apps, provided and maintained by Samsung Electronics
Co. Ltd.;
The
specific provisions applicable to each platform provider are clearly
detailed on their own platform provider terms. By downloading the
application from a platform, you acknowledge that you have read,
reviewed, understood and accepted the platform provider terms and
that you agree to be bound by them and to comply with all the
applicable laws and regulations regarding the use of the platform.
If
you do not agree to the platform provider terms or do not wish to be
bound by them, do not install or use the services. If any provision
of these Terms Of Use conflicts with the platform provider terms, the
former shall prevail.
The
platform provider may reserve the right, at its discretion, to
change, modify, add or remove portions of its platform provider terms
at any time by posting the respective amendments on the platform. You
will be deemed to have accepted such changes by continuing to use the
platform and the services. If at any point You do not agree to any
portion of the then-current version of the platform provider terms,
you must immediately stop using the platform and the services.
These
Terms Of Use represent the agreement between you and Arya Panchal,
and not with the platform provider, who is not deemed as a party to
these Terms. However, you acknowledge that the platform provider and
its subsidiaries are third-party beneficiaries of these Terms Of Use
and thus have the right to enforce these Terms Of Use.
Arya
Panchal is solely responsible for the applications and any related
content therein. You acknowledge that the platform provider has no
obligation whatsoever to provide any maintenance and support services
with respect to the application.
If
you access the services from any other online market for software
applications not expressly stated herein, You acknowledge that you
have reviewed and accepted such market’s own Terms Of Use and
privacy policies.
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Services Updates
You
understand that the services are subject to further developments,
adjustments, and updates. You may be required to accept updates to
the services you have installed in your device in order to continue
using them. You acknowledge and agree that Arya Panchal may, at its
sole discretion, unilaterally update the services, with or without
notifying You. Additionally, You may also need to update third party
software from time to time in order to keep accessing and using the
services.
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Disclaimer Of Warranties
Further
to the limitation of liability described under Section 8 below, the
services are provided on an 'as is' and 'as available' basis for your
use, without warranties of any kind, expressed or implied, including
but not limited to the warranties of merchantability, completeness,
reliability, fitness for a particular purpose, title,
non-infringement, and those arising from course of dealing or usage
of trade. Arya Panchal does not warrant that You will always, at any
time or location, be able to access or use the services, and neither
warrant that the services will be provided uninterruptedly or
error-freely, that eventual defects will be corrected, or that the
services are free of viruses or other harmful components.
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Limitations of Liability and Indemnification
Arya
Panchal shall not be held responsible for any indirect, incidental,
consequential, special, punitive or other similar damages suffered by
you or any other users, including but not limited to loss of
revenues, lost profits, lost data or business interruption or other
intangible losses, arising out of or relating in any way to these
Terms Of Use or the services themselves, whether based on contract,
tort or any other legal theory, and whether or not Arya Panchal has
been advised of the possibility of such damages.
Notwithstanding
the limitations above, Arya Panchal liability is limited to the total
amount you have paid to Arya Panchal in accordance with these Terms
Of Use during the six months immediately preceding the date on which
you first assert a claim. You acknowledge and agree that if You have
not paid anything to Arya Panchal during such time period, your sole
and exclusive remedy for any dispute concerning Arya Panchal or any
of its affiliates or agents is to stop using the services 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.
Accordingly, some of the above disclaimers and limitations may not
apply to you. To the extent that Arya Panchal may not, as-as provided
by law, disclaim any warranty or limit its liability as set forth
herein, the scope of such warranty and the extent of Arya Panchal's
liability shall be the minimum permitted under such applicable law.
You
agree to indemnify, defend and hold Arya Panchal harmless from and
against any and all claims, demands, damages or other losses,
including reasonable attorneys’ fees, asserted by any third-party
resulting from or arising out of your use of the services, or from
any breach of these Terms Of Use by you, provided the infringement of
rights is attributable to your intentional or negligent behavior.
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Third-Party Offerings
The
services may include links to other websites or services solely as a
convenience to you, as further detailed in our Privacy Policy. The
display of any linked Sites on the services does not imply the
endorsement by Arya Panchal of any content, information, material,
products or services provided or posted by the third party through
such linked sites.
You
are responsible for reading and complying with the privacy statements
and terms of use posted by third parties at any linked sites before
using or accessing them. Note that Arya Panchal does not have any
control over the content and information posted or transmitted
through linked sites and may not be held responsible if they are not
functioning properly.
You
hereby acknowledge and agree that the access and use of linked sites,
including the information, material, products, and services provided
by or available through them, is solely at your own risk, and you
acknowledge and agree that Arya Panchal is not responsible or liable,
directly or indirectly, for any loss or damage caused or alleged to
be caused by your use of any linked sites.
Your
correspondence or business dealings with, or participation in
promotions of advertisers found on or through the services are solely
between you and such advertiser and shall not construe any liability
or responsibility whatsoever for Arya Panchal.
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General Provisions
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Assignability of the Terms
Arya
Panchal may assign or delegate, at its sole discretion and at any
time, the Arya Panchal terms, in whole or in part, to any person or
entity. You may not assign or delegate any rights or obligations
stipulated under the Arya Panchal terms without Arya Panchal's prior
written consent, and any unauthorized assignment and delegation by
you shall be deemed as ineffective.
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Supplemental Policies
Arya
Panchal may enact and publish supplemental policies at any time, as
defined under Section 1 above, related to specific services such as
forums, contests or loyalty programs. Your right to use such
additional services is subject to those supplemental policies and to
these Terms Of Use.
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Hierarchy of Agreements
These
Terms Of Use contain the entire agreement between you and Arya
Panchal, and supersede all prior agreements and understandings of the
parties relating to the subject matter hereof, whether electronic,
oral or written, or whether established by custom, practice, policy
or precedent.
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Severability
You
and Arya Panchal agree that if any portion of the Arya Panchal terms
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.
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Waiver and Modification of the Terms
If
Arya Panchal fails to require or enforce the strict performance by
you of any provision of the Arya Panchal terms or fails to exercise
any right under them, such failure shall not be considered as a
waiver or relinquishment of Arya Panchal's right to assert or rely
upon any such provision or right in that or any other instance.
A
waiver of any provision of the Arya Panchal terms will only be valid
if provided in writing and will only be applicable to the specific
incident and occurrence so waived.
Except
as expressly and specifically set forth in these Terms Of Use, no
representations, statements, consents, waivers, or other acts or
omissions by Arya Panchal shall be deemed a modification of these
Terms Of Use nor legally binding, unless documented in physical
writing, hand signed by you and a duly appointed officer of Arya
Panchal.
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Legal Remedies
You
acknowledge that the rights granted to Arya Panchal and obligations
are undertaken by you under these Terms Of Use are of a unique and
irreplaceable nature, the loss of which shall irreparably harm Arya
Panchal, and that cannot be replaced by monetary damages alone, so
that Arya Panchal 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 restrain the operation of the services, exploitation of
any advertising or other materials issued in connection therewith, or
exploitation of the services or any content or other material used or
displayed through the services, and agree to limit your claims to
claims for monetary damages, in accordance with the restricted scope
of Section 8, if any.
7.
Force Majeure
Arya
Panchal shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but
not limited to, internet and telecommunication failures, acts of God
or governmental action, acts by hackers or other malicious third
parties, problems with the Internet, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods,
accidents, strikes, or shortages of transportation facilities, and
fuel, energy, labor or other materials shortage.
11.
Dispute Resolution and Governing Law
If
a dispute arises between you and Arya Panchal, We strongly encourage
You to first contact us directly at contact
aryapanchalitune@gmail.com
in order to seek a mutual agreement. You agree that all disputes
between you and Arya Panchal shall be governed by the laws of India,
without regard to any conflict of law provisions. You agree that any
claim or dispute you may have against
Arya Panchal must be resolved exclusively by a court located in the
city of Ahmedabad, Gujarat, India.