Terms of Service
GamingNerve provides you, i.e. the user (hereinafter referred to as the “User“) with access to content, resources, tools for communication, public forums, commerce platforms, and other services through its websites and all mobile applications (hereinafter referred to as the “Service“).
The Terms of Service contained in this document govern the Service
and its usage by the Users. These Terms of Service shall include all amendments
thereto, related policies, operating rules, etc., as may be published by GamingNerve
on its website from time to time.
This document was last updated on 16th of June, 2020. Further,
please check our Privacy Policy for more information relating to the Service
being provided to the User by GamingNerve.
·
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF
SERVICE The Service is provided to the User, subject to these Terms
of Service which comprise the entire agreement between the User and GamingNerve
and supersede any prior agreements and understanding pertaining to the subject
matter contained herein. Please read the Terms of Use carefully before using or
registering on the any of our websites or mobile applications or accessing any
material, information or Services through the websites or mobile applications.
User’s visit or use of the websites / mobile applications or the Services provided
by them shall signify the User’s absolute and unconditional acceptance of the
Terms of Use and Privacy Policy, which are incorporated herein by reference,
and User’s agreement to be legally bound by the same.
·
MODIFICATION OF THESE TERMS OF SERVICE GamingNerve
reserves the right to change, add or remove any of the Terms of Service at any
time without prior notice, which shall become applicable immediately upon
posting. User can determine when the Terms of Use were last modified by
referring to the “Last Updated” legend above.User is solely responsible for
regularly reviewing these Terms of Service including all changes/modifications
if any incorporated by GamingNerve from time to time. Continued use of the
Service by the User, shall constitute his/her agreement to all the extant Terms
of Service.
·
MODIFICATION TO THE SERVICE GamingNerve
reserves the right to modify, transfer or discontinue, temporarily or
permanently, the Service or any part of thereof, without any obligation to give
any prior notice to the User. The User agrees that GamingNerve shall not be
liable to the User or any third-party for any modification or discontinuance of
the Service.
·
THE SERVICE The Services are
intended solely for the purpose of providing the Users with an index of content
that is matching their search criteria and is publicly available across
selected third party sites. The User shall use the Services for making a choice
using the content index and for any purchase pursuant thereto, the User shall
be redirected to the third party site (hereinafter referred to as the
“Purpose”). Under no circumstance does GamingNerve sell any goods or services
through its websites or mobile applications as part of its Services.GamingNerve
uses spiders and other web-crawlers to use content and images from different
third party sites solely for the Purpose, but does not create caches or
archives of such content or images. GamingNerve agrees that no automated system
or spiders used to access third party sites shall hamper or reduce the speed
and performance of third party servers lower than the speed at which such third
party servers are handling messages sent by users using a conventional on-line
web browser.
·
USE OF SERVICE The technology and
the software underlying our websites / mobile applications and the Services is
the property of GamingNerve. The User agrees not to copy, modify, transfer,
distribute or reverse engineer the technology or software underlying GamingNerve’s
websites/mobile applications or the Services.User shall abide by all copyright
notices, information, or restrictions contained in any content accessed through
the Service. User agrees not to download any feature of the Service made
available on the websites / mobile applications. User agrees not to falsify or
delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or the source of images or other material
made available on the websites/mobile applications.For more detail on the
intellectual property rights in relation to the Service, please refer to the
Section on Intellectual Property Rights herein.
GamingNerve also disclaims any liability for the content which is
retrieved from third party sites and is not liable for any delays,
inaccuracies, errors or omissions in any such content, or in the transmission
or delivery of all or any part thereof, or for any damages arising therefrom.
GamingNerve’s websites and the mobile applications may contain
links to other related World Wide Web Internet sites, resources, and
advertisers. Since GamingNerve is not responsible for the availability of these
outside resources, or their contents, Users should direct any concerns
regarding any external link to the site administrator or webmaster of such
site.
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USER CREATED CONTENT The
User shall be responsible and liable for the content posted/created by him/her
on GamingNerve’s website(s) and/or mobile application(s).The Service may
include the capability to like, post reviews, make comments, and other features
that allow feedback, comments and input of content by the User. While GamingNerve
does not control the content posted by the User, it reserves the right (which
it may exercise at its sole discretion without notice) to delete, move or edit
the messages, comments, etc. that it, deems abusive, defamatory, obscene, in
violation of copyright or trademark laws or any other applicable laws, or
otherwise unacceptable, and to terminate User’s access to and use of the
Services.By submitting content on any of the aforementioned forums, Users agree
to indemnify and hold harmless GamingNerve from all claims, costs and expenses
(including legal expenses) arising out of any liability due to content posted
by the User.
By submitting content on the websites and/or mobile applications,
the User is granting GamingNerve a perpetual, irrevocable, royalty free
non-exclusive licence to reproduce, modify, translate, make available,
distribute and sub-license the content in whole or in part, and in any form.
·
REGISTRATION OBLIGATIONS
·
As part of the subscription or usage of the Services or account
creation process, User may be required create login credentials by selecting a
password and providing an e-mail address. User shall provide true, accurate,
current and complete information about himself/herself as required by the
Service’s subscription form (such data being the “Registration Information “).
User shall be solely responsible for this Registration Information and
under no condition is GamingNerve liable for their authenticity, correctness,
loss or theft;
·
User shall maintain and promptly update the Registration
Information to keep it accurate, current and complete. If the User provides any
information that is untrue, inaccurate, not current or incomplete, GamingNerve
has the right to terminate the User account and refuse any and all current or
future use of the Service;
·
User shall be responsible for maintaining the confidentiality of
any User accounts created and passwords and agrees to immediately notify GamingNerve
of any unauthorized use of passwords or accounts or any other breach of
security;
·
User shall not use another’s account without permission;
·
User shall exit from his/her account at the end of each session
and acknowledges that failure to do so, may result in unauthorized use of
account;
·
User shall follow all local applicable laws regarding age limits
for subscription to the Services or any part thereof;
·
User is responsible for all usage or activity of and through
his/her account on the Service, including use of the account by any third
party. Any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of the User’s account, at GamingNerve’s sole discretion, and GamingNerve
may refer the User to appropriate law enforcement agencies;
·
GamingNerve and/or third parties may, from time to time, send
email messages to Users containing advertisements, special promotions, and
other marketing materials (“Email Marketing Programs”) based on the agreed
terms between GamingNerve and its selected partner(s). GamingNerve also offers
Users permission-based email services. Users must decide to “opt-in” to our
email services during the registration process or through a link on the GamingNerve
site before they receive any email services, newsletters, special promotions or
other marketing materials (“Opt-In Email Programs”). GamingNerve has the right
to partner with any email marketers to provide these Email Marketing Programs
or Opt-In Email Programs;
·
User agrees not to use the Service to:
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Obstruct or hinder the use and enjoyment of the Service by other
Users;
·
intentionally or unintentionally violate any applicable local,
state, national, and international laws and regulations having the force of
law;
·
Impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
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Interfere with or disrupt the Service or servers or networks
connected to the Service, or defy any requirements, regulations or guidelines
of networks connected to the Service;
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Upload, post, email, transmit or otherwise make available any
content that is unlawful, damaging, intimidating, hostile, offensive,
harassing, defamatory, improper, obscene, vulgar, invasive of another’s
privacy, caste related, ethnically or otherwise objectionable;
·
Upload files that contain viruses, worms, corrupted files or any
other similar software or programs designed to disrupt, damage or limit the
operation of any computer or telecommunications equipment or property of
another;
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Stalk or otherwise harass other Users or collect or store personal
data about other Users;
·
Reproduce, duplicate, sell, resell or exploit for any commercial
purposes, any portion, use or access of the Service;
·
harm minors in any way;
·
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Services or develop
restricted or password-only access pages, or hidden pages or images (those not
linked to from another accessible page);
·
upload, post or otherwise transmit any content that you do not
have a right to transmit under any law or under any contractual relationship.
·
disrupt the normal flow of dialogue, cause a screen to “scroll”
faster than other Users of the Services are able to type, or otherwise act in a
manner that negatively affects other Users’ ability to engage in real time
exchanges;
·
User shall not use GamingNerve websites or mobile applications to
engage in any illegal activities.
·
GAMINGNERVE PRIVACY POLICY Registration
Information and certain other information about the User is subject to our
Privacy Policy. For more information, see our privacy policy.
·
INTELLECTUAL PROPERTY
·
All intellectual property rights relating to the websites and
mobile applications and the technology underlying the same exclusively belong
to GamingNerve and are protected under the applicable Indian laws.
·
Notwithstanding the above, all copyright, trademarks, logos,
service marks and other intellectual property rights (“Third Party IP”)
relating to any content or image uploaded in connection with the Services is
owned or controlled by third parties and GamingNerve is uploading such content
or image to be used only for the Purpose. The User agrees not to use any Third
Party IP or remove, conceal or obliterate any copyright or other proprietary
notice or any other mark or source identifier included on the websites / mobile
applications and the Service, including without limitation, the size, color,
location or style of all proprietary marks in connection with such Third Party
IP.
·
GamingNerve grants permission to the Users only for accessing and
make use of the Service for the Purpose and the User agrees not to, directly or
indirectly download or modify / alter / change / amend / vary / transform /
revise / translate / copy / publish / distribute or otherwise disseminate any content
on Service, or any portion of it; or delete or fail to display any promotional
taglines included in the Service, either directly or indirectly, except with
the express written consent of GamingNerve. The User must not retain any copies
of these pages saved to disk or to any other storage medium except for the
purposes of using the same for subsequent viewing purposes or to print extracts
for use in furtherance of the Purpose.
·
If as a User you believe that your intellectual
property-protected work was posted on GamingNerve’s website or mobile
application in a manner that infringes or threatens to infringe your
intellectual property in such work, you may submit an infringement
notification. These requests should only be submitted by the owner of the Third
Party IP or an agent authorized to act on his/her behalf.1 The fastest and
simplest way to notify us of alleged intellectual property infringement is via
our webform. However, any false claim by a User may result in the termination
of User account and suspension of Services.
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SUBSCRIPTION FEES AND PAYMENTS
·
Services or part thereof may be made available to the User upon
subscription by the User for the same. Even if certain Services are currently
being offered by GamingNerve, free of charge, the User agrees and acknowledges
that in future the subscription of the Service may carry a subscription fee or
charge.
·
GamingNerve reserves the right at any time to
increase/decrease/apply/diminish the subscription fee for access to portions of
the Services or the Services as a whole. However, in no event will the User be
charged for access to the Services unless GamingNerve obtains his/her prior
agreement to subscribe to such Service(s).
·
If at any time GamingNerve requires a subscription fee for
portions of the Services that are now free, GamingNerve will give the User an
advance notice of such fees. Thereafter, the User may cancel his/her account at
any time. All fees and charges shall be billed to and paid by the User. User
shall pay all applicable taxes relating to use of the Services through his/her
account.
·
Additional Costs
If the subscription for certain Service includes access to areas
that contain other products, the User may have to pay additional fees to fully
access those products. These additional charges will be clearly stated. When
the User uses the Service, he/she may incur other additional charges, such as
telecommunications fees, data fees or service provider fees. User is solely
responsible for paying all such charges.
·
DISCLAIMER OF WARRANTIES GAMINGNERVE
AND ITS SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. GAMINGNERVE
EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES IN CONNECTION WITH THE SERVICE, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GAMINGNERVE DISCLAIMS ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
THE SERVICES. GAMINGNERVE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS PURCHASED
ON THIRD PARTY SITES PURSUANT TO THE SERVICE OR RECEIVED THROUGH ANY LINKS
PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH ANY LINKS PROVIDED IN THE SERVICE.Notwithstanding the above, no
representations, warranties or guarantees whatsoever are made by GamingNerve as
to the (a) accuracy, adequacy, reliability, completeness, suitability or
applicability of the information to a particular situation; (b) that the
Service will be uninterrupted, timely, secure, or error-free; (c) the quality
of any goods, services, or other material purchased from third party sites
pursuant to using the Service will meet your expectations or requirements; or
(d) any errors in the Service will be corrected.
·
LIMITATION OF LIABILITY
·
GamingNerve shall not be liable, at any time for any, direct,
indirect, exemplary, punitive, incidental, special, consequential, damages
(including, without limitation, damage to the User’s computer system damages
for loss of profits or damages for loss of business) whether such claim is
based in warranty, contract, tort or otherwise, arising out of or in any way
connected with the use or performance of GamingNerve’s websites/mobile
applications and Services, with the delay or inability to use GamingNerve’s
websites/mobile applications and Services, with the interruption, suspension,
or termination of the Service, or with the unauthorized use of any content made
available as a feature of the Services on GamingNerve websites/mobile
applications .
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CONTACTING THE USER If
the User indicates on the subscription form that he/she wants to receive such
information,
·
GamingNerve will allow certain third party vendors to provide
him/her with information about their products and services; and
·
GamingNerve may disclose information about the User’s usage and
demographics, provided that it will not reveal the User’s personal identity in
connection with the disclosure of such information.
·
TERMINATION GamingNerve may, in
its sole discretion, terminate or suspend the User’s access to all or part of
the Services for any reason, including, without limitation, breach or
assignment of these Terms of Service. GamingNerve reserves the right to block
IPs from accessing its server(s).
·
MISCELLANEOUS
·
These Terms of Service have been made in and shall be construed
and enforced in accordance with Indian laws. User irrevocably agrees that the
courts at Bengaluru, Karnataka in India shall (subject to the paragraph below)
have exclusive jurisdiction to settle any dispute which may arise out of,
under, or in connection with these Terms of Service or the legal relationship
established by them, and for those purposes irrevocably submit all disputes to
the jurisdiction of such courts.
·
All correspondence should be sent to our address being
mentioned on our Contact Us page. User agrees to report any violations of the
Terms of Use to GamingNerve as soon as he/she becomes aware of them.
·
Content in the nature of news (“News Content”) appearing on the
website is published by One.in Digitech Media Pvt. Ltd. GamingNerve is not in
any way responsible for News Content uploaded on the website and plays no role
in generation / transmission / modification of such News Content. GamingNerve,
hereby disclaims all liability arising from such News Content.
·
Assignment & Delegation
No right may be assigned, and no duty may be delegated, by the User under this
Agreement except upon the written consent of GamingNerve and any attempted
assignment and delegation without such consent shall be void and without
effect. Notwithstanding the foregoing, however, GamingNerve shall be entitled
to assign this agreement, and all rights and obligations hereunder, to a
successor to all or substantially all of its assets, whether by sale, merger or
otherwise. This agreement shall be binding upon and shall inure to the benefit
of the parties hereto and their respective representatives, heirs,
administrators, successors and permitted assigns except as otherwise provided
herein.
·
Agency
Neither party is, nor will it be deemed to be, an agent or legal representative
of the other party for any purpose. Neither party will be entitled to enter
into any contracts in the name of or on behalf of the other party, and neither
party will be entitled to pledge the credit of the other party in any way or
hold itself out as having authority to do so.
·
Severability
If any provision(s) of the Terms of Service is/are held by a court of competent
jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then
such provision(s) shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force and effect.
·
Waiver
Any waiver (express or implied) by either party of any breach of these Terms of
Service shall not constitute a waiver of any other or subsequent breach. No
provision of the Terms of Service will be waived by any act, omission or
knowledge of a party or its agents or employees except by an instrument in
writing expressly waiving such provision and signed by a duly authorized
officer of the waiving party.
·
Statute of Limitations
User and GamingNerve agree that any cause of action arising out of
or related to these Services must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently barred.If you
do not agree with any of our Terms of Service mentioned above please do not
read or use the material on any of our network of websites and the mobile
applications or avail our Service.
Complaints Relating To Content
Any complaint relating to content appearing on the website shall
be made by a person aggrieved within a reasonable time not exceeding 7 (seven)
days from the date of first posting or aggregation to the following person
appointed by the Company whose details are reproduced below:
E-mail : gaming4nerve@gmail.com
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