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.
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 email@example.com 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.
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.
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.
You agree not to do any of the following:
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.
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.
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.