Terms of Service - KHELADHULA
o khela-dhula.com (referenced below as "Website") offers products and services, functions and performances introduced as part of the service (referenced below as "Services"), which may be carried out by different domains, systems, platforms or devices.
o The subject of the terms and conditions issued in the ToS grants You the limited, personal, non-transferable and non-exclusive, non-assignable, non-sub-licensable license use and access to the Website Services. The use and access to the Service is exclusively for your own personal, non-commercial use. Any Services use by or for the benefit of the third party is considered illegal.
o The Content includes all the material and contents displayed, included, incorporated, uploaded, posted, published, contributed, performed and/or used on the Website, including games, quizzes, text, graphics, logos, photographs, images, software, audio, video, animations and themes, messages, ratings, first-party and third-party advertisements, links and data on a person or location.
o All rights, title and interest in and to the Services as well as all related intellectual rights encompassing the Content belong to the Website. In order to avoid controversy, the User cannot use the Services and Content for any commercial or non-personal purpose without a prior written permission issued by the Website.
o The Website – khela-dhula.com - may change, suspend or stop the Services (or any of its part) at any time without notice or carrying any liability. The same applies to any feature or database availability.
o The Website may limit certain features and services or restrict the User’s access to the Services (or any of its part) without notice or liability.
o The User is responsible for the equipment he/she obtains or maintains, or hardware, software and extra services he/she buys to access and exploit the Services. Here, the Website shall not carry any responsibility or obligation for any fees charged by third parties in connection therewith.
o The ToS will also govern any future upgrades or updates or new releases provided by the Website. Unless any upgrades and updates require a separate license, herein separate license terms will govern.
o Some Services may require the User’s registration by logging into User’s Facebook account. The User must note that by doing this he/she allows the Website to receive the following information: the User’s friend list, public profile, e-mail address and birthday date or any other data indicated in the message he/she receives at the time of registration or login. The User pertains responsibility for the control of the information accessible to the Website. He/she personally assumes liability for confidentiality maintenance including the account's password and all the activities conducted through his/her account. Hereby, the Website is released from any liability concerning the activities issued above.
o The User agrees to receive information on specific topics (e.g. birthdays, coupons, product samples, etc.) via e-mail or other electronic messages, information functions or wall posts on the platforms, which run the Website Services. The User has the right to opt out from receiving such messages by unsubscribing the Service.
o The User agrees to receive service-related e-mails from the Website (e.g., account verification, technical and security notices, inactivity notifications, account invitations to other users, changes/updates to features of the Service).
o The User allows the Website to collect and use information and technical data, which facilitates the provision of software updates, product support and other services related to the Website. This may include technical information about the User’s device, system software and peripherals.
o The User guarantees that self-presentations and inquiries are consistent with the truth and permitted by law and unencumbered by third-party rights. Any impersonation of another person or entity including misrepresentation, another person’s username, password or other account information use is considered illegal. The User commits to notify the Website in case of misconduct. Likewise, the User agrees to warn the Website of any suspected breach of security, unauthorized use of, or access to, his/her account, which may involve or relate to the Website. The Website is not liable for your any kind of losses caused by any unauthorized use of, or access to, your account. Since the User personally assumes responsibility for the confidentiality of his/her account, the User undertakes the Website losses due to such unauthorized use or access.
o Individuals under 18 years old must have their legal representatives’ consent before using the Service. The minors under 14 are not allowed to use the Services.
o In case of disputes between the Website and the User, the disagreement will be resolved by obligatory arbitration. The User waives the right to participate in arbitration.
o The Content is:
o (i) the property of the Website and/or third parties (as applicable)
o (ii) protected by the applicable intellectual property rights, including copyright laws, and
o (iii) intended solely for the personal use of the Website Users and may only be used in conformity with the terms hereof.
o The Website and/or third parties own all trademarks, whether registered or not, used by the Website including service marks, trade names, Website name, its logo. The User commits NOT to use and/or copy them in whole or in part without receiving the prior written Website or third party’s permission. Moreover, the User shall follow all copyright notices, information and restrictions in any Content accessed through the Website. In case of non-compliance, the Website shall take action in accordance with the law.
o The ToS expressly determine the User’s rights and licenses relating to any proprietary information. The other use of any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not, is considered illegal.
o The Website prohibits downloading, copying or storing any Content for any purpose (including, without limitation, for personal, noncommercial use) without its or other relevant copyright holders’ prior written permission.
o The Website does not warrant or represent and take liability for any Third Party’s Content contained in or accessed through the Website. This includes the businesses or advertisers’ Content listed within the Service.
o The Website will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Herein the User fully releases the Website from any liability in regards to such Content.
o The Website is not liable to the User’s loss or damage that might arise from their interaction with third parties: misuse of personal information, negative experience with the businesses, advertisers or products featured on the Website.
o The Website is not liable to the User’s purchase and use of the service or products offered by the third parties. All the complaints regarding these issues are subject to the terms and conditions of the third party.
o For the User’s convenience the Website prompts him/her to investigate the third parties before proceeding with any online or offline transaction with any third parties.
o The Website is not responsible or liable for user-generated content or the content the User links on other websites.
o The Website provides social awareness, mental health, autism, health, fun and entertaining based Content. Fun and entertaining based content are non-scientific, thus it may not be accurate or usable in self-diagnosis or replace scientific testing methods or professional advice. The Website does not undertake liability for the Content incompatibility with the User’s personal expectations or cultural peculiarities.
o The User is responsible for reviews, comments and ratings.
o The User can complain to the Website about the Content and apply for its correction or deletion. The Website reserves the right to respond to the claim within two weeks. Each complaint shall be analyzed basing on the conditions and terms issued by the ToS.
3. User’s Contact Information And Data
o The User ensures the information he/she provides to the Website is correct, full, legal and proprietary of him/her. The User commits to inform the Website of any changes to the information he/she provided to the Website.
o The Website does not take responsibility for the inconvenience the User experiences due to the incorrect information he/she provides to the Website.
o With regards to the financial relationship between the User and third party, the Website is not liable for the disadvantages the User experiences due to the incorrect information he/she provides to the Website. Therefore, the disadvantages that arise due to incorrect information for the Website will be charged to the User if the incorrect information is within his/her own sphere of responsibility.
o The User agrees to indemnify the costs, liabilities and legal fees related to any third party claim or demand emerging from the User’s access to or use of the Website Services, violation of the ToS, purchases made in connection to the Website, the use of intellectual property or other Users’ rights.
o In case of incomplete registration the User agrees on the deletion of his/her account within a week.
4. User’s Responsibilities
o The User guarantees his/her self-presentation is true, permitted by law and free from third-party rights.
o The User is forbidden from generating the following content to the Website: sexually explicit or other adult material, violence and bullying, hate speech, impersonation or deceptive behavior, Intellectual Property infringement, illegal activities, stalking, insults, incorrect facts; content that infringes third-party copyrights, trademark rights, competition rights or rights to privacy; content that may affect the health of individuals; chain letters, bulk messages with or without advertiser content (spamming); links to sites with such content; sweepstakes, contests, lottery draws or similar promotions; publication of private data (such as e-mail addresses); commercial advertising or references to other competitor services.
o The Website has the right to remove content, which is not relevant to specific subject areas (insulting content, religious or political topics).
o The Website reserves right to stop its Service to those Users who invite or contact other users to the Website for advertising purposes.
o The Website reserves the right to remove the Content, which infringes statutory regulations, official prohibitions, third parties’ rights or public morality.
o The Website prohibits the User to place advertisers’ links.
o In case of the User’s breach of terms and conditions issued by the ToS, the Website shall apply the following sanctions:
o A partial and total removal of the User’s content.
o Warning the User.
o Blocking the User to use applications.
o Blocking the User from using the Service for a month.
o A permanent termination of User’s rights.
5. Service Changes
o In regards to technical advance the Website reserves the right to extend, change and limit functions of the Services provided. The User agrees with the developmental changes the Website makes.
o The User acknowledges the fact that 100% Service availability cannot be technically assured. Accordingly, the Website does not ensure the termination of the availability of its service related to technical or other problems outside its sphere of influence (Force Majeure, third-party guiltiness, necessary maintenance etc.). Claims in this respect cannot follow.
6. Waivers and Liability Limitation
o THE SECTION REQUIRES THE USER’S ATTENTION. IT ENCOMPASSES THE WEBSITE’S LIABILITIES TO THE USER. THE APPLICABLE LAW PROTECTS EACH OF THE SUBSECTIONS BELOW. LITHUANIAN USERS ARE REFERRED TO THE PARTICULAR LIABILITY LIMITATION CLAUSE FOR THESE JURISDICTIONS. IN CASE THE USER IS NOT CERTAIN ABOUT ANY OF THESE SECTIONS, HE/SHE SHOULD ADDRESS A LEGAL CONSULTANT BEFORE ACCESSING OR USING ANY OF THE WEBSITE SERVICES. HERE THE USER’S ACCESS AND USE OF THE SERVICES THE WEBSITE PROVIDES PROVES HE/SHE IS AWARE AND AGREES WITH THESE TERMS AND BY AGREEING HE/SHE WAIVES THE LEGAL RIGHTS.
o THE WEBSITE STAFF MAY NOT MONITOR, CONTROL OR INSPECT THE USER-GENERATED CONTENT. HERE THE USE OF THE WEBSITE IS AT THE USER’S OWN RISK AND PRUDENCE. THE WEBSITE DOES NOT ENSURE ITS CONTENT QUALITY, ACCURACY OR RELIABILITY, AS WELL THE WEBSITE SAFETY OR SECURITY. THEREFORE, THE WEBSITE STAFF DOES NOT CARRY ANY LIABILITY FOR THE USER’S LOSS OR DAMAGE RELATED TO THE UNOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITY OF THE WEBSITE.
o THE WEBSITE IS NOT LIABLE FOR ANY THIRD PARTY LISTED ON THE WEBSITE. HERE THE USER EXEMPTS THE WEBSITE FROM ANY LIABILITY RELATED TO THE LOSS OR DAMAGE HE/SHE EXPERIENCED DUE TO THE INTERACTIONS WITH THE THIRD PARTIES.
o THE WEBSITE DISCLAIMS ALL WARRANTIES TO THE PRODUCTS, SERVICES, WRITTEN OR ORAL INFORMATION, ADVICE OFFERED BY THE THIRD PARTIES LISTED ON THE WEBSITE.
o THE USER RESERVES THE RIGHT TO TERMINATE AND DISCONTINUE THE ACCESS TO OR USE OF THE WEBSITE SERVICES IN CASE OF HIS/HER DISSATISFACTION WITH THE WEBSITE OR ITS SERVICES. THE WEBSITE IS EXEMPTED FROM ANY LIABILITY FOR THE USER’S DISSATISFACTION WITH THE THIRD PARTIES.
7. Arbitration clause
o THE USER AGREES THAT ALL DISPUTES BETWEEN HIM/HER AND THE WEBSITE REGARDING THE RELATIONSHIP WITH THE WEBSITE, INCLUDING THE TOS, PRIVACY RIGHTS AND/OR PUBLICITY WILL BE RESOLVED BY BINDING. THE USER WAIVES HIS/HER RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND GIVES UP THE RIGHT TO BRING A SUIT REGARDING THE DISPUTE IN COURT BEFORE A JUDGE OR JURY.
8. ToS Alteration
o The Website reserves the right to change the ToS at any time with effect from a future date. Any substantive change influencing the User’s contractual claims may be of a legal, technical and economic nature.
o In case of any amendments, the User will be textually informed. The User reserves right to object the amendment in two weeks period. Here the Website can determine if the previous ToS shall remain valid or the User shall be granted a Service termination.
o The Website determines a two-week objection period to the amended ToS. Late objections shall be rejected and shall be considered accepted.