T&C

End User License Agreement and Terms of Use

This EULA and Terms of Use is a legal agreement between you and Vodafone Idea Limited and governs your use of the Idea Gaming Platform and Services. The following terms and conditions ("Terms of Use") govern your access to and use of the Services and any features or software provided through the Services, any software you download or embed and, except as otherwise provided in these Terms of Use, all games, text, graphics, images, music, software, audio, video, information or other materials available through the Services ("Content"). Please read carefully these Terms of Use. They constitute a binding legal agreement between you and Vodafone Idea.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR INSTALLING OR EMBEDDING ANY SOFTWARE OR ANY CONTENT FROM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH OUR WAPSITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR CONTENT, QUIT THIS SOFTWARE INSTALLATION PROCEDURE AND PROMPTLY DELETE THE FILE.

  • Interpretation
  • In this EULA and Terms of Use, the Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.

    • The singular includes the plural, and the converse also applies.
    • A gender includes all genders.
    • If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
    • A reference to a person includes a person/individual, a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity.
    • A reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible and tangible form.
    • A reference to a party to this EULA and Terms of Use or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives).
    • A reference to a law, legislation or to a provision of a law or a legislation includes a modification or re enactment of it, a legislative or a legal provision substituted for it and a regulation or statutory instrument issued under it.
    • A reference to conduct includes an omission, statement or undertaking, whether or not in writing.
    • A reference to a right or obligation of any two or more people comprising a single party confers that right, or imposes that obligation, as the case may be, on each of them severally and each two or more of them jointly. A reference to that party is a reference to each of those people separately (so that, for example, a representation or warranty by that party is given by each of them separately).
    • All references to time are to Indian time, unless specified otherwise.
    • Mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included.
    • Nothing in this EULA and Terms of Use is to be interpreted against a party solely on the ground that the party put forward this EULA and Terms of Use or a relevant part of it.
    • Headings and subheadings are for ease of reference only and do not form part of this EULA and Terms of Use.
    • A reference to an EULA and Terms of Use or document as amended, supplemented, novated or replaced, except to the extent prohibited by this EULA and Terms of Use or that other or document.

    The rules of contractual construction known as the “Contra Proferentum” rule and the “Ejusdem Generis” rule shall not apply to this EULA and Terms of Use.

  • Amendments/Modification
  • Vodafone Idea reserves the right, at its sole discretion, to amend, to modify or terminate the Services or to modify these Terms of Use and/or EULA, at any time and without prior notice. If we modify these Terms of Use and/or EULA, we will post the modification on our wapsite, or during any Software Updates or Software Revisions or during any updates, versions changes of the Idea Games Platform via Internet downloads and other primary access points to the Services or provide you with notice of the amendment/modification. We will also update the "Last Updated Date" at the top of the home page of our wapsite or at the top of Terms of Use and EULA. By continuing to access or use the Services after we have posted an amendment or a modification or have provided you with notice of an amendment or a modification, you are indicating that you agree to be bound by the modified/amended Terms of Use and/or EULA. If the amended/modified Terms of Use and /or EULA are not acceptable to you, your only recourse is to cease using the Services.

  • Account Registration
  • In order to access certain other features of the Services, Content and other features of the Services, you must register to create an account ("Account") and become a "Member" through Terms of Use or our wapsite. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vodafone Idea reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Vodafone Idea of any unauthorized use of your Account.

  • Billing and Payments
  • The Services are provided to you under Subscription mode and per download mode. Vodafone Idea reserves the absolute right to revise/change the prices for the services and also the payment methods that it shall make available to you. Further, you understand that the prices paid for the services are non-refundable for whatsoever reasons. By registering as per the process mentioned above you agree to pay for the Services availed, i.e. in case of services on per download basis, you agree to pay for all the charges, fees accrued under your account as per the applicable price including taxes, vat, any local, state, federal taxes Octroi etc. and in case of services in subscription basis you agree to pay for all the charges, fees accrued under your subscription account as per the applicable price including taxes, vat, etc, and also any late payment fee. To facilitate the billing and payments, Vodafone Idea would have entered into agreements with third party payment gateways/billers, or partners to process, receive and collect any payments from you as applicable from time to time, and also to process any refunds or such other payments to you as applicable from time to time. In any event you shall keep your personal information, data, passwords and login details and secured and shall not divulge the same to any third party or person not connect to the Services. Vodafone Idea disclaims all liability/claim arising out of any misuse /un authorised disclosure of your personal information, data, passwords and login details and any other confidential information by the third party payment gateways/billers or partners and in case you are aware of any misuse/unauthorized use of your details such as login details, password, in such event you are required to send an email to us at support@ideagames.in and furnish the details of such misuse or violation. In the event you have failed to avail our services under this agreement or failed to download any game as per the terms of this EULA, in such event Vodafone Idea shall allow the re-download of such content/games at no cost to you, however all renewals/subscriptions post such event/downloads are subject to payment of charges, fees accrued under your account including taxes, vat, etc, and also for any payment of late payment fee.

  • Ownership
  • The Services and Content including but not limited to Idea Gaming Platform are protected by copyright laws, trademark, and other applicable Intellectual Property laws. Original Licensors or Vodafone Idea exclusively own all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights in and to the Services and Content but not limited to Idea Gaming Platform, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content but not limited to Idea Gaming Platform . The Software is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software.

  • Software License
  • Conditioned upon your compliance with the terms and conditions of these Terms of Use, Vodafone Idea grants you a nonexclusive, non-transferable, limited, and revocable right and license for a single user to download and use the executable form of our underlying platform software and the executable form of the software for each of our game offerings on a single computer or mobile device, solely for your personal, non-commercial purposes. Vodafone Idea reserves all rights in the software not expressly granted to you in these Terms of Use. For purposes of these Terms of Use, "Execute" means to load, install and run the software in order to benefit from its functionality.

  • Content License
  • Subject to your compliance with the terms and conditions of these Terms of Use, Vodafone Idea grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use, access, view, download and print any Content (animations, audio-visual effects, themes, cartoons, caricatures, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights) solely for your non-commercial, personal-entertainment purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Vodafone Idea, except for the licenses and rights expressly granted in these Terms of Use.

  • Links
  • The Services may contain links to third-party websites or resources. You acknowledge and agree that Vodafone Idea is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Vodafone Idea of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  • Software License Term
  • The license granted under these Terms of Use remains in effect, unless earlier terminated in accordance with these Terms of Use. You may terminate the license at any time by destroying all copies of the software in your possession or control. The license granted under these Terms of Use will automatically terminate, with or without notice from Vodafone Idea, if you breach any term of these Terms of Use. Upon termination, you must at Vodafone Idea's option promptly destroy or return all copies of the software in your possession or control.

  • Software Restrictions
  • Except as expressly specified in these Terms of Use, you may not: (a) copy (except in the course of loading or installing) or modify the software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the software; or (b) make the functionality of the software available to multiple users through any means, including but not limited to by uploading the software to a network or file-sharing service or through any hosting, software-as-a-service (SaaS), software services provider, service bureau, or any other type of services or (c) transfer, sublicense, lease, lend, rent or otherwise distribute the software to any third party; You agree that portions of the software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Vodafone Idea and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this restriction.

  • General Restrictions
  • You agree not to do any of the following:

    • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
    • Use, display, mirror or frame the Services, or any individual element within the Services, Vodafone Idea's name, any Vodafone Idea trademark, logo or other proprietary information, or the layout and design of any page or form contained on any page of our Service, without Vodafone Idea's express written consent;
    • Access, tamper with, or use non-public areas of the Service, Vodafone Idea's computer systems or Idea Gaming Platform, or the technical delivery systems of Vodafone Idea's providers or other Licensors;
    • Attempt to probe, scan, or test the vulnerability of any Vodafone Idea system, Idea Gaming Platform or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vodafone Idea or any of Vodafone Idea's providers or Licensors or any other third party (including another user) to protect the Services or Content;
    • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Vodafone Idea or other generally available third-party web browsers;
    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    • Use any meta tags or other hidden text or metadata utilizing an Vodafone Idea trademark, logo URL or product name without Vodafone Idea's express written consent;
    • Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content or Idea Gaming Platform to send altered, deceptive or false source-identifying information;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content or Idea Gaming Platform;
    • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Idea Gaming Platform or Services or our wapsite;
    • Collect or store any personally identifiable information from the Services or Idea Gaming Platform, from other users of the Services or Idea Gaming Platform without their express permission;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other individual to do any of the foregoing.

    Vodafone Idea will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Vodafone Idea may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use and EULA. You acknowledge that Vodafone Idea has no obligation to monitor your access to or use of the Services or Content or Idea Gaming Platform, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use or EULA, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Vodafone Idea reserves the right, at any time and without prior notice, to remove or disable access to any Content that Vodafone Idea, at its sole discretion, considers to be in violation of these Terms of Use or EULA or otherwise harmful to the Services and Idea Gaming Platform.

  • Information Collection & Usage
  • By installing and using the Gaming Software, using the Services or Content or the Idea Gaming Platform you consent to the information collection and usage terms set forth in this section and, including (wherever applicable) (i) the transfer of any personal information and other information to Vodafone Idea, its affiliates, vendors, and business partners, and to certain other third parties, such as governmental authorities or law enforcement agencies may have lower standards of privacy protection; (ii) the public display of your data, such as identification of your user-created content or displaying your scores, ranking, achievements, and other Idea Gaming Platform, on websites and other platforms; and (iii) other uses and disclosures of your personal information or other information as specified in the above-referenced Privacy Policy, as amended from time to time. If you do not want your information used or shared in this manner, then you should not use the Gaming Software, using the Services or Content or the Idea Gaming Platform.

  • Termination and Account Cancellation
  • If you breach any of these Terms of Use and/or EULA, Vodafone Idea will have the right to suspend or disable your Account or terminate these Terms of Use and EULA, at its sole discretion and without prior notice to you. Vodafone Idea reserves the right to revoke your access to and use of the Services and Content or Idea Gaming Platform at any time, with or without cause. In the event Vodafone Idea terminates these Terms of Use and/or EULA for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@ideagames.in.

  • Disclaimers
  • THE IDEA GAMES PLATFORM, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VODAFONE IDEA EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VODAFONE IDEA MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. VoDAFONE IDEA MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR PROCURED OR AVAILED OR OBTAINED THROUGH THE SERVICES, INCUDING BUT NOT LIMITED TO SERVICES, CONTENT AND PRODUCTS FROM ANY THIRD PARTIES OR ADVERTISERS AND VODAFONE IDEA DISCLAIMS FULL LIABILITY IF ANY ARISING OUT THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VODAFONE IDEA OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE VODAFONE IDEA GAMES PLATFORM, SERVICES AND CONTENT AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE VODAFONE IDEA GAMES PLATFORM, SERVICES AND CONTENT. YOU UNDERSTAND THAT VODAFONE IDEA DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE IDEA GAMES PLATFORM, SERVICES AND CONTENT, NOR DOES Vodafone Idea MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE IDEA GAMES PLATFORM, SERVICES AND CONTENT.VODAFONE IDEA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE IDEA GAMES PLATFORM, SERVICES AND CONTENT OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE IDEA GAMES PLATFORM, SERVICES AND CONTENT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE IDEA GAMES PLATFORM, SERVICES AND CONTENT AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE IDEA GAMES PLATFORM, SERVICES AND CONTENT, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

  • Indemnity
  • You agree to defend, indemnify, and hold Vodafone Idea, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Idea Games Platform, Services or Content, or your violation of these Terms of Use and /or EULA.

  • Limitation of Liability
  • YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE Vodafone Idea GAMES PLATFORM, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER Vodafone Idea NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Vodafone Idea GAMES PLATFORM, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Vodafone Idea GAMES PLATFORM, SERVICES OR CONTENT, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE Vodafone Idea GAMES PLATFORM, SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Vodafone Idea GAMES PLATFORM, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Vodafone Idea HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL Vodafone Idea'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Vodafone Idea GAMES PLATFORM, SERVICES OR CONTENT EXCEED 150 PER MONTH. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Vodafone Idea AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  • Proprietary Rights Notices
  • All trademarks, service marks, logos, trade names and any other proprietary designations of Vodafone Idea used herein are trademarks or registered trademarks of Vodafone Idea. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

  • Entire Agreement
  • These Terms of Use and EULA constitute the entire and exclusive understanding and agreement between Vodafone Idea and you regarding the Idea Gaming Platform, Services and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Vodafone Idea and you regarding the Idea Gaming Platform, Services and Content; though you may enter into additional terms and conditions as a developer/Licensor or owner of games for Vodafone Idea, terms these do not supersede or replace.

  • Assignment
  • You may not assign or transfer these Terms of Use and EULA, by operation of law or otherwise, without Vodafone Idea's prior written consent. Any attempt by you to assign or transfer these Terms of Use and EULA, without such consent, will be null and of no effect. Vodafone Idea may assign or transfer these Terms of Use and EULA, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use and EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.

  • General
  • The failure of Vodafone Idea to enforce any right or provision of these Terms of Use and EULA will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vodafone Idea. Except as expressly set forth in these Terms of Use and EULA, the exercise by either party of any of its remedies under these Terms of Use and EULA will be without prejudice to its other remedies under these Terms of Use and EULA or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use and EULA invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use and EULA will remain in full force and effect.

  • Contacting Vodafone Idea
  • If you have any questions about these Terms of Use, please contact Vodafone Idea at support@ideagames.in.

  • Notices
  • Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Use and EULA, will be in writing and given: (i) by posting to our wapsite; or (ii) by Vodafone Idea via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  • Controlling Law and Jurisdiction
  • The EULA, Terms of Use and any action related thereto will be governed by the laws of India without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of the EULA and Terms of Use will be the courts situated at Mumbai and each of the parties hereto consents to the personal jurisdiction and venue in such courts.