TERMS OF SERVICE
Last updated: 12/03/2022
1. Introduction
Welcome to Vivara Interactive Studios (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please
pause, grab a cup of coffee and carefully read the following pages. It will
take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”)
govern your use of our web pages located at www.vivarastudios.com operated by Vivara Interactive Studios.
Our Privacy Policy also governs your use of
our Service and explains how we collect, safeguard and disclose information
that results from your use of our web pages. Please read it here
www.vivarastudios.com/privacy.
Your agreement with us includes these
Terms and our Privacy Policy (“Agreements”).
You acknowledge that you have read and understood Agreements, and agree to be
bound of them.
If you do not agree with (or cannot comply
with) Agreements, then you may not use the Service, but please let us know by
emailing at [email protected] so we can try to find a solution. These Terms
apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
2. Communications
By using our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing at.
3. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions
(collectively, “Promotions”) made
available through Service may be governed by rules that are separate from these
Terms of Service. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a
Promotion conflict with these Terms of Service, Promotion rules will apply.
4. Refunds
Except when required by law, paid Subscription fees are
non-refundable.
5. Content
Our Service allows you to post, link, store, share and
otherwise make available certain information, text, graphics, videos, or other
material (“Content”). You are
responsible for Content that you post on or through Service, including its
legality, reliability, and appropriateness.
By posting Content on or through Service, You represent
and warrant that: (i) Content is yours (you own it) and/or you have the right
to use it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person or entity. We reserve the right to terminate the
account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you
submit, post or display on or through Service and you are responsible for
protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through Service. However, by posting
Content using Service you grant us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content on
and through Service. You agree that this license includes the right for us to
make your Content available to other users of Service, who may also use your
Content subject to these Terms.
Vivara Interactive Studios has the right but not the obligation to monitor and edit all Content
provided by users.
6. Prohibited Uses
You may
use Service only for lawful purposes and in accordance with Terms. You agree
not to use Service:
(a)
In
any way that violates any applicable national or international law or
regulation.
(b)
For
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content or otherwise.
(c)
To
transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail”, “chain letter,” “spam,” or any other similar
solicitation.
(d)
To
impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
(e)
In
any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
(f)
To
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm or offend Company
or users of Service or expose them to liability.
Additionally,
you agree not to:
(a)
Use
Service in any manner that could disable, overburden, damage, or impair Service
or interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
(b)
Use
any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
(c)
Use
any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
(d)
Use
any device, software, or routine that interferes with the proper working of
Service.
(e)
Introduce
any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
(f)
Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
(g)
Attack
Service via a denial-of-service attack or a distributed denial-of-service
attack.
(h)
Take
any action that may damage or falsify Company rating.
(i)
Otherwise
attempt to interfere with the proper working of Service.
7. Analytics
We may use third-party Service Providers to monitor and
analyze the use of our Service.
Google
Analytics
Google
Analytics is a web analytics service offered by Google that tracks and reports
website traffic. Google uses the data collected to track and monitor the use of
our Service. This data is shared with other Google services. Google may use the
collected data to contextualise and personalise the ads of its own advertising
network.
For
more information on the privacy practices of Google, please visit the Google
Privacy Terms web page: https://policies.google.com/privacy?hl=en
We
also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Service
is intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using any of Company, you warrant and represent that you
are at least eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not at least eighteen (18) years old, you are
prohibited from both the access and usage of Service.
9. Accounts
When you create an account with us, you guarantee that
you are above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on
Service.
You are responsible for maintaining the confidentiality
of your account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or
password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person
or entity or that is not lawfully available for use, a name or trademark that
is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is
offensive, vulgar or obscene.
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
10. Intellectual Property
Service and its original content (excluding Content
provided by users), features and functionality are and will remain the
exclusive property of Vivara Interactive Studios and its licensors. Service is
protected by copyright, trademark, and other laws of the India and
foreign countries. Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of Vivara Interactive Studios.
11. Copyright Policy
We respect the intellectual property rights of others. It
is our policy to respond to any claim that Content posted on Service infringes
on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of
one, and you believe that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via email
to [email protected], with the subject line: “Copyright Infringement”
and include in your claim a detailed description of the alleged Infringement as
detailed below, under “DMCA Notice and Procedure for Copyright Infringement
Claims”
You may be held accountable for damages (including costs
and attorneys’ fees) for misrepresentation or bad-faith claims on the
infringement of any Content found on and/or through Service on your copyright.
12. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the
Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(a)
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright’s interest;
(b)
a
description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
(c)
identification
of the URL or other specific location on Service where the material that you
claim is infringing is located;
(d)
your
address, telephone number, and email address;
(e)
a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(f)
a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
You can contact our Copyright Agent via email
at [email protected]
13. Error Reporting and Feedback
You may provide us either directly at
[email protected] or via third party sites and tools with information
and feedback concerning errors, suggestions for improvements, ideas, problems,
complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not
retain, acquire or assert any intellectual property right or other right, title
or interest in or to the Feedback; (ii) Company may have development ideas
similar to the Feedback; (iii) Feedback does not contain confidential
information or proprietary information from you or any third party; and (iv)
Company is not under any obligation of confidentiality with respect to the
Feedback. In the event the transfer of the ownership to the Feedback is not
possible due to applicable mandatory laws, you grant Company and its affiliates
an exclusive, transferable, irrevocable, free-of-charge, sub-licensable,
unlimited and perpetual right to use (including copy, modify, create derivative
works, publish, distribute and commercialize) Feedback in any manner and for
any purpose.
The third party sites and tools mentioned above include
the following:
Bugsnag
Bugsnag is a platform for monitoring and logging stability of applications provided by
Bugsnag Inc. Please read their Privacy Policy here:
https://docs.bugsnag.com/legal/privacy-policy/
14. Links To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by Vivara Interactive Studios.
Vivara Interactive Studios has no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third party web sites or services. We do
not warrant the offerings of any of these entities/individuals or their
websites.
YOU ACKNOWLEDGE AND AGREE THAT ViVara interactive Studios SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED
BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR
SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY
POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN
“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED
WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED
WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’
FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT
TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS
ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING
WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING
FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL
LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF
THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE
AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE
BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Termination
We may terminate or suspend your account and bar access
to Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of Terms.
If you wish to terminate your account, you may simply
discontinue using Service.
All provisions of Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
18. Governing Law
These Terms shall be governed and construed in accordance
with the laws of Government of India without regard to its conflict
of law provisions.
Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
19. Changes To Service
We reserve the right to withdraw or amend our
Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
20. Amendments To Terms
We may amend Terms at any time by posting the amended
terms on this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the posting
of revised Terms means that you accept and agree to the changes. You are
expected to check this page frequently so you are aware of any changes, as they
are binding on you.
By continuing to access or use our Service after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set
forth in Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of
Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of Terms will continue in full force and
effect.
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
23. Contact Us
Please
send your feedback, comments, requests for technical support:
By email: [email protected]
By visiting this page on our website:
[email protected]