Acceptance of the Terms
You understand that the Terms will be binding on you. You agree that Services offered can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by Fun Max Games. If you violate the Terms, Fun Max Games reserves the right to immediately terminate or suspend any or all of the Services with or without notice.
If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi – judicial body in India or other legally competent jurisdiction, it will not affect the validity and enforceability of the remaining Terms.
The Service is intended for use by those 18 years or older for amusement purposes only. You declare that you are 18 years old or older. Use of the Service by underage persons shall result in termination of the Account, forfeiture of virtual items/ goods/chips and such other action as may be appropriate in law or in terms hereof.
Account creation and account information
- To use the Services, you will be required to create an account (“Account”) which could either be done directly by providing a user ID and password; or indirectly, through (a) access to some other networking website, or (b) with the aid of a downloaded application on a cellular device; which will allow you to access the Service (“Network Login”). The Account and the Network Login are collectively referred as “Service Login Information”. The following rules govern the security of your Account:
- You shall ensure the confidentiality of all your Account related information including, but not limited to Service Login Information and transactions. The responsibility of everything that happens to your account shall be yours whether it results from your action or otherwise.
- You shall ensure that your Account is neither used by others nor a transaction is done by any other person on your Account.
- You will monitor your Account to restrict any unauthorized use by minors, and will deny access to anyone under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors or other person(s) and shall be responsible for any use of payment instruments by minors;
- You shall neither share your Service Login Information, nor let anyone else access your Account or do anything that might jeopardize the security of your Account. Fun Max Games will not ask you to reveal your password;
- You must notify Fun Max Games in case you suspect that the security of your Account has been breached and you must also immediately modify your Service Login Information;
- You agree to use your Account solely for the purpose of obtaining the Services and for transactions which you may carry out in connection with accessing the Services. Use or attempted use of your user Account for any reason other than what is stated in the Terms may result in immediate termination of your user Account and forfeiture of any balance in the user Account.
- You also understand and agree that deposits in your user account, if any, maintained with Fun Max Games are purely for the purpose of obtaining the Services.
- You understand and agree that you cannot transfer any sum or virtual goods from your Account with Fun Max Games to the account of another user except if the same is permitted and subject to the terms and conditions that apply to such transactions if permitted.
- You understand that your Account ID, name and profile picture will be publicly available and that search engines may index your name and profile photo.
- All information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software used for providing the Services (collectively referred to as “Content”), whether or not belonging to Fun Max Games, is protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any user can be logged and/or recorded by Fun Max Games and shall form part of Content. You grant Fun Max Games free perpetual worldwide license to use your Content in any manner whatsoever.
- There may be information about or hyperlinks to third parties. In such a case, Fun Max Games is not responsible in any manner and does not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If you rely on any third party content which does not belong to Fun Max Games, you may do so solely at your own risk and liability.
- If you visit any third party website through a third party content posted on Fun Max Games pages, you will be subject to terms and conditions applicable to it. Fun Max Games neither controls, nor is responsible for any content on such third party websites. The presence of a link existing on any of Fun Max Games pages to a third party website is not an endorsement of that website by Fun Max Games.
- All data, images, text, or any other content, uploaded to the Service by any user (“User Content”) are severally provided to Fun Max Games on a perpetual worldwide royalty free license to Fun Max Games. You agree that you are publishing any User Content willingly and you also represent that you own or have sufficient rights in such User Content to publish the said content and that you are not violating any laws in publishing such content. Fun Max Games shall not be responsible for any of the abovementioned User Content.
- Fun Max Games is not obliged to moderate any User Content and makes no representation with respect to any User Content and you acknowledge that by using the Services, you may be exposed to objectionable User Content. In case you find any User Content objectionable, Fun Max Games shall not be responsible in any manner whatsoever. You may however inform Fun Max Games about the presence of such objectionable User Content and Fun Max Games obligation is limited to notifying the concerned user to remove such User Content even though Fun Max Games may itself remove such User Content without an obligation to do so. Fun Max Games has the right but is under no obligation to remove any User Content for any reason whatsoever and will not be required to disclose reasons to you or any other user. You hereby agree that, to the maximum extent legally permitted, Fun Max Games shall at no time be responsible or held liable for any act or omission regarding the removal, modification or blocking of User Content that may be considered offensive and shall at no time be obligated to effect such removal other than as required under applicable law.
License & Intellectual Property
- Subject to your compliance with these Terms, Fun Max Games grants you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to use the Service. Use of the Service shall be solely for personal use for non-commercial entertainment purpose. If you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall terminate forthwith, and you shall not be entitled to access the Service. In this regard, Fun Max Games reserves absolute right to recover commercial benefit if any, undertaken by you by breach of any of these Terms, in addition to its other rights and remedies in law. The License to use the Service shall be subject to your and Fun Max Games rights in the jurisdiction of your access.
- You will not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of the software code of Fun Max Games used for providing the Services in any manner whatsoever.
- You shall not obtain any right, title or interest in any downloaded materials or software transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless agreed with Fun Max Games in writing.
Account Closure or Termination
- You are free to discontinue use of the Services at any time by uninstalling our application. Fun Max Games may refuse access to the Service or terminate your Account without notice for any reason whatsoever, including, and without limitation, a suspected or confirmed violation of the Terms, unlawful or inappropriate use of your Account or the Services determined solely by Fun Max Games. There shall be no cash refund for any reason whatsoever in the event of the termination of your Account. In addition, Fun Max Games may remove and/or revoke any licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service, including but not limited to downloadable content, virtual goods or currency, un-lockable material, rights any codes serials or authentication of any kind and scores or profiles developed in the course of prior use of Services.
- Termination or suspension of Services to you may be done by Fun Max Games with or without notice at its sole discretion without owing any justification thereto. In the event that your Account is terminated and/or Services are suspended, you are hereby prohibited from creating another user Account for obtaining Services unless specifically permitted by Fun Max Games and on the terms and conditions of such permission.
- The Service may include an option to buy virtual goods upon payment of real money. These virtual goods shall not be redeemable for anything of value under any circumstances whatsoever. All purchases are final and are not refundable, transferable or exchangeable, except when specifically permitted by Fun Max Games at its sole discretion. Transactions in virtual goods outside of the Service are prohibited and would amount to a violation of the Terms. Fun Max Games may change the real money price of virtual goods or for any other feature of the Service at any time whatsoever without notice. Fun Max Games may refuse to sell any virtual goods or provide the Services to any person at its sole discretion. All transaction costs and taxes incurred in the process of purchasing virtual goods shall be borne by you unless the same is specifically borne by Fun Max Games. Subject to applicable laws, any and all discrepancies relating to any transaction you make must be reported within 15 business days, after which, Fun Max Games shall not be liable for any loss or costs incurred by you. If you do not bring them to Fun Max Games attention within 90 business days of the knowledge of any discrepancy, you agree that you waive your right to dispute such discrepancy. You are responsible for and agree to reimburse Fun Max Games for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by Fun Max Games (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. Fun Max Games may suspend or terminate your Account if for any reason a charge you authorize Fun Max Games to make to your credit card or other method of payment cannot be processed or is returned unpaid, and if such event occurs, you fail to immediately remit payment for such charge through an alternative payment method.
- The right to purchase and hold virtual goods is limited by the laws of your jurisdiction and you shall ensure that each action done by you in the course of using the Service is permitted under the laws of your jurisdiction. Virtual goods purchased or otherwise lawfully obtained by you shall be visible in your Account and shall be subject to changes pursuant to your game play.
Rules of conduct and use of service
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that:
- Any information provided by you to Fun Max Games during any time, must be complete, updated and truthful.
- You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available to Fun Max Games or other users in the course of accessing the Service.
- By publishing any User Content, you agree to grant Fun Max Games an absolute, royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials or otherwise produced by Fun Max Games or our partners. Such content may include, without limitation, your name, username, location, messages, gender, pictures or any additional information provided by you to Fun Max Games. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating the User Content. You further agree and acknowledge that Fun Max Games has the right to use in any manner whatsoever, all communication or feedback provided by you.
- You understand and accept that Fun Max Games reserves the right to record any and all User Content produced by way of but not limited to the communication features, if any.
- You understand that the virtual goods in your user Account do not carry any monetary value and cannot be sold or refunded for any reason whatsoever.
- You understand and accept that by using Service, you may be exposed to content posted by other users which you may find objectionable. You may bring such content posted by other users to Fun Max Games notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit as per our own discretion. The decision taken by Fun Max Games in this regard shall be final and binding on you.
- You will not upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable in any manner whatsoever.
- You will not upload or transmit (or attempt to upload or transmit) files that contain viruses or other malicious code, software or programs that may adversely affect or damage the operation of the Service or the computers or devices of other users.
- You will not advertise, solicit or transmit any ads, chain letters, junk mail or spam to anyone including Fun Max Games.
- You will not violate the intellectual property or other rights of any party by publishing User Content that you are not authorized to.
- You will not create multiple user accounts, set up an account on behalf of another person or access an account which has not been created by you.
- You shall not use bots or other artificial intelligence on the Service for any reason whatsoever.
- You shall not abuse the Service and customer support assistance provided by Fun Max Games.
- You shall not attempt to interfere with, hack into or intercept any transmissions to or from the servers for the Service or interfere, in any manner whatsoever, with the ability of others to enjoy using the Service.
Warranty Disclaimer, Limitation of Liability and Indemnity:
- You agree that the Services are provided in an “as-is” basis and your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Fun Max Games, its officers, directors, employees, affiliates and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Fun Max Games makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any linked websites.
- In addition to specific references to limitation of liability of Fun Max Games elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort), Fun Max Games shall be liable for any injury, loss, claim, loss of data, loss of income, loss of profit, loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the Services. You further agree to indemnify Fun Max Games, our service providers, licensors and other users or third party against any claims in respect of any such matter. In any event whatsoever, you agree that our maximum aggregate liability for all your claims under this agreement, in all circumstances shall be limited to Indian Rupees One Thousand only (INR. 1,000/-).
- Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that Fun Max Games is not liable to you for:
- Any error, mistake, or inaccuracies of Content;
- Any personal injury or property damage arising out of the use of the Service or against any act of Fun Max Games;
- The defamatory, undesirable or illegal conduct of any other user of the Services;
- Any loss whatsoever arising from the use, abuse or misuse of your Account or any feature of our Services;
- Any loss incurred in transmitting information from or to Fun Max Games or from or to our servers by the internet or by other connecting media or interface;
- Any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications’ infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
- Any delay or failure on our part to inform intimate you where we may have concerns about your activities; and
- Any unauthorized access to your information on our servers; and
- Your activities on and transactions with third party websites accessed through links or advertisements posted on the Website.
- You agree to indemnify and hold Fun Max Games and each of its directors, officers, agents, contractors, partners, affiliates and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with:
- Your use of and access to the Service;
- Your violation of any term of the Terms;
- Your violation of Fun Max Games or any third party intellectual property or privacy rights; or
- Any User Content you posted or shared while or in the course of availing the Service.
By accessing the Service, you agree that the laws of India, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Fun Max Games.
Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
Any claim or dispute between you and Fun Max Games that arises in or has a material connection with your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Jaipur in India which you hereby fully consent to.
Fun Max Games reserves the right to amend these Terms at any time without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your acceptance of the revised Terms.
These Terms may not be assigned by the user but may be assigned to any affiliate or third party by Fun Max Games without restriction.
All claims shall be made within one year from the date of occurrence of the cause of action.