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This document referred to as the ‘user agreement’ contains various ‘terms &
conditions’ governing your use (including visiting or browsing) of ‘this website’
(www.gamemandi.com) including services offered through or by it. These terms &
conditions constitute your binding obligations towards GameMandi.com (herein referred to as 'GameMandi'), a sole proprietorship
company established in Mumbai, India.
This user agreement shall be effective and binding upon
your use of the website
& your affirmative action by clicking on
'Sign up' button as provided on the ‘sign up’ page. If you do not agree or are
not willing to be bound by this user
agreement, please do not sign up and do not seek to obtain access to or otherwise
use this website.
Various underlined words and phrases in this user agreement are hyperlinked to other
rules & polices governing use of this website. By accepting these terms & conditions, you also agree to such
rules & policies.
Amendments to this user agreement
GameMandi may amend the terms & conditions in this user agreement at any time by posting a revised
version on the website. All updates and amendments shall be monitored by you on
this website. The revised version will be effective at the time GameMandi posts
it on this website. You are advised to regularly check for any such amendments.
Trademarks & copyrights
All materials displayed or performed on the website, including, but not limited
to text, graphics, news articles, photographs, images, illustrations, audio clips,
video clips, etc. (collectively, the ‘content’) are protected by copyright.
All trademarks, service marks, and trade names are proprietary
to GameMandi or other respective owners.
Any use of content from this website, including reproduction,
modification, distribution,
or republication, without prior written permission of GameMandi is strictly prohibited.
Accessing the website
You shall be responsible for obtaining, maintaining & paying for any equipment
or ancillary services (compatible with this website) needed to connect to and access
this website, including, without limitation, modems, hardware, software, and long
distance or local telephone service.
User eligibility & age criteria
Use of the website is available only to persons who can form legally binding contracts
under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within
the meaning of the Indian Contract Act, 1872 including minors (under the age of
18), un-discharged insolvents
etc. are not eligible to use this website.
Fees and services
Sign up on the website is free. GameMandi does not charge any fee for using
this website. However trading games does involve ‘tokens’.
GameMandi may at its sole discretion introduce new services and modify some or all
of its existing services offered on this website. In such an event GameMandi
reserves
the right to introduce fees for the new services offered or amend/introduce fees
for existing services, as the case may be. Such changes shall be posted on this website
and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees/charges shall be quoted
in Indian Rupees.
Your username & password
If you use this website, you are responsible for maintaining the confidentiality
of your ‘username’ and ‘password’ and for restricting access to your computer and computer network, and you are responsible for all activities that occur
under your username and password. You must not include any of
your contact details such as email addresses, telephone/mobile numbers etc in your username.
Sign up data
You agree, inter alia, to provide true, accurate,
current and complete information about yourself in the sign
up form (such information being the ‘sign up data’);
You must maintain
and promptly update the sign up data to keep it true, accurate, current and complete. You shall not impersonate any other person or entity.
Video games
Users may not use this website to illegally copy or unlawfully distribute video
games (including illegal copies). As
a user, you acknowledge and agree that you have valid title and ownership rights
to any video game that you make available/trade
on this website. GameMandi does not guarantee availability of any video game
through the website and also does not guarantee a sure sale of any game made available
for trade.
Tokens & Trading
You have also read, understood, agree to comply with & be bound by the various
terms, conditions, rules & applicable guarantees as mentioned in the ‘How
to trade?’ sections of the site including ‘About tokens’ & ‘Trade & guarantee
& rules’.
Trading on GameMandi is guaranteed in terms of your games & tokens only. Determination
of a trade violation & action against it is entirely at the discretion of GameMandi.
GameMandi also reserves the right to suspend a user’s account, along with nullifying
the tokens in it & also to decline any loss/damage claims at its discretion.
Termination of account
Notwithstanding anything in these terms and conditions to the contrary, GameMandi
reserves the right, in its sole and absolute discretion, to suspend or terminate
a user's account or access to the website at any time, with or without notice, for
any reason or for no reason at all. Upon termination of the user's account, user's
right to access the site and any content, and to use company services, will immediately
cease.
External sites
This website may contain links to other sites on the internet that are owned and operated
by third party vendors and other third parties (the ‘external sites’).
You acknowledge that GameMandi is not responsible for the availability of, or the content located
on or through, any external site. You should contact the site administrator or webmaster of those external sites if you have any concerns regarding such links or the content
located on such external sites.
Limitation of liability
You shall indemnify and hold GameMandi, its parents, subsidiaries, affiliates,
officers, employees, and agents harmless from and against all damages, costs, and
expenses (including reasonable attorneys' fees), incurred in connection with any
claim or demand made by any third party arising from user's use of or access to
the website, violation of user agreement, and/or the infringement by user, or by
any third party using user's account, of any intellectual property or other right
of any person or entity. You hereby release GameMandi from any and all liability
arising in connection with the acts or omissions of other users or of any other
third parties, including, without limitation, any liability relating in any way
to the content, transaction or services.
Conflict between users
In the event that a GameMandi user has a dispute with one or more other GameMandi
users, User releases Company, its officers, directors, employees, agents, subsidiaries,
joint ventures, and other related parties from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Arbitration
If any dispute arises between you and GameMandi during your use of this website,
in connection with the validity, interpretation, implementation or alleged breach
of any provision of this user agreement, the dispute shall be referred
to a sole arbitrator who shall be an independent and neutral third party identified
by GameMandi.
The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation
Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings
shall be in the English language. These terms & conditions shall be governed
and construed in accordance with the laws of India.
Miscellaneous
You shall be solely responsible for compliance with all laws, regulations and ordinances
connected with your access to this website and utilization of its services. User
shall comply with all publisher and developer End User License Agreements ('EULAs')
for each Product (e.g. Video Games), as may be applicable. You warrant, represent
and agree not to contribute any content or commit any act that is infringing, libelous,
defamatory, obscene, pornographic, abusive, offensive or otherwise violates any
law or right of any third party, use the site to violate the security of any computer
network, crack passwords or security encryption codes, transfer or store illegal
material including those that are deemed threatening or obscene, or engage in any
kind of illegal activity is expressly prohibited. You will not run mail list, listserv,
any form of auto-responder, or spam on/through the website, or run any processes.
You may not transfer your account to any third party, or use the website for any
commercial purposes or for the benefit of any third party. User will not distribute
or post spam, advertisements, chain letters, or pyramid schemes. You shall not distribute
viruses, worms, or other technologies that seek to injure or adversely affect GameMandi’s
property or interests, or the property or interests of other users. You shall not
post or transmit, or cause to be posted or transmitted, any communication or solicitation
designed or intended to obtain password, account, or other private information regarding
the account of any GameMandi user.
Privacy Policy
Usage of this website and any information submitted therein is subject to the GameMandi’s
privacy policy. You are advised to review this
privacy policy. GameMandi shall maintain the privacy of your personal information
in accordance with the privacy policy. GameMandi shall not be liable for the
privacy of any information published by any user on the Site or transmitted by any
user to any other user, including, without limitation, e-mail addresses, registration
and identification information, personal information, confidential or trade-secret
information, or any other content.
Disclaimer
The information, services, products, and materials contained in this website, including,
without limitation, text, graphics, and links, are provided on an 'as is' basis
with no warranty. To the maximum extent permitted by law, GameMandi disclaims
all representations and warranties, express or implied, with respect to such information,
services, products, and materials, including but not limited to warranties of merchantability,
fitness for a particular purpose, title, non-infringement, freedom from computer
virus, and implied warranties arising from course of dealing or course of performance.
In addition, GameMandi does not represent or warrant that the information accessible
via this site is accurate, complete or current. GameMandi reserves the right
to make changes to the website at any time. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition.
If you have additional questions or comments of any kind, or if you see anything
on our website that you think is inappropriate, please contact us at support@gamemandi.com
This document is an electronic record in terms of Information Technology Act, 2000
and the amended provisions pertaining to electronic records in various statutes
as amended by the Information Technology Act, 2000. This electronic record is generated
by a computer system and does not require any physical or digital signature.
Last Updated: 1st February 2008
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