TERMS OF SERVICE
Company: Satyam Entertainment, LLC
CEO: Aravindh Satyamoorthy
Latest Revision: September 4, 2016
Satyam Entertainment, LLC is a developer of Games, Mobile entertainment, Interactive Media, Media Networks and Studio Entertainment and owns and operates www.satyamplay.com (“Satyamplay.com ,” we,” us”) This Terms of Service (“Agreement”) is a legally binding contract between Satyam Entertainment, LLC, and you (“Customer,” “you” or “your”) that shall govern the use, in any manner of the Service provided by satyamplay.com to User (collectively, the “Service(s). You AGREE that you have read, understand, and agree to all terms and conditions outlined in this Agreement. If you do not accept these Terms and Conditions, please stop using the provisions of the site.
The “Service” includes (a) the Website, (b) the other services provided to User. It is a MOBILE devise web application providing Interactive Media, Media Networks and Studio Entertainment to children and others.
1. ACCEPTANCE OF TERMS
- a) Satyamplay.com provides its Service (as defined below) to User through its Website located at Satyamplay.com (from now on called “the Website”), subject to these Terms.
- b) By accepting the Terms, or by accessing or using the Service or Website, the User represents and acknowledges that they have read, understood, and agree to be bound by these Terms.
- c) If User is entering into these Terms on behalf of a company or another legal entity, User represent that User has the authority to bind such entity and its affiliates to these Terms, in which case the terms “User,” shall refer to such entity and its affiliates.
- d) User acknowledges that these Terms constitute a binding contract between User and Satyamplay.com and further acknowledge that these Terms govern the User’s use of the Service.
2. AVAILABILITY OF THE WEBSITE
Satyamplay.com makes reasonable efforts to keep the Website accessible but acknowledges the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. The user recognizes that there may be interruptions in service or events that are beyond our control both within and outside of our control, the Website access may be interrupted, suspended or terminated. Breaks in the Service that are beyond our control shall not serve as a basis to terminate User subscription or demand a full or partial refund of any prepaid fees.
3. THIRD PARTY SERVICES
- a) External Websites. The Service may contain links to, or otherwise, may allow User to connect to and use certain third party products, services or software under separate terms and conditions in conjunction with Our Service. If User decides to access and use third-party services, we do not endorse, we the Satyamplay.com will not be responsible for, and make no representations as to such third-party services, the content or the manner in which they market User’s data. The Satyamplay.com is not liable for any damage or loss caused or alleged to be caused by or in connection with User’s use of third-party services.
- b) Integration. The Service may contain features that enable various third-party services (such as social media services like Facebook and Twitter) to be directly integrated into User’s Satyamplay.com account. To take advantage of these features, User will be required to register for or log into such third-party services on their respective Websites. By enabling third party services within the Service, User is allowing Satyamplay.com to pass User’s login information to these third-party facilities for this purpose.
4. INTELLECTUAL PROPERTY RIGHTS
- a) Satyamplay.com shall maintain all rights, title and interest in and to all our respective copyrights, trademarks, domain names, logos and any other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to User to use the Service under these Terms do not convey any additional rights in the Service or any Intellectual Property Rights associated in addition to that.
- b) The Intellectual Property Rights in this website and the materials on or accessible via it belong to Satyamplay.com or its licensors. This site and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for, accessing and using this website). Satyamplay.com and the website Satyamplay.com Logo are trademarks which belong to Satyamplay.com, and they may not be used, copied or reproduced in any way without written consent from Satyamplay.com
- c) All rights, title, and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to Satyamplay.com and its third-party vendors.
5. ACCOUNT REGISTRATION
- a) Subject to the terms and conditions of these Terms, User agrees to access and use the Service only for User’s internal business purposes as contemplated by these Terms. To use the Service, User is required to register for our services.
- b) To be eligible to download the app, User must meet the following criteria and represent and warrant that User: (1) is 18 years of age or older; (2) are not a competitor of Satyamplay.com or are not using the Service for reasons that are in competition with Satyamplay.com; (4) have full power and authority to enter into this Agreement; (5) will not violate any rights of Satyamplay.com, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide User’s own equipment, software, and internet access necessary to use the Service. Parental Guidance is needed for downloading games for children.
6. USE OF THE SERVICE
- a) User agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with Satyamplay.com, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (we) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (g) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Website; (i) unless otherwise explicitly agreed to in writing by Satyamplay.com use the Website or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Website or the Service; (k) deep-link to the Website for any purpose (other than Satyamplay.com’s home page), unless expressly authorized in writing by Satya play .com; or (l) try to use, or use the Service in violation of these Terms.
- b) User is responsible for all information, data, text, messages or other materials that User post or is otherwise transmitted via the Service. User is responsible for maintaining the confidentiality of User’s login and account, and is fully responsible for any and all activities that occur under User’s login or account. User agree and acknowledge that User’s login may only be used by one (1) person, and that User will not share a single login among multiple people. User may create separate logins for as many people as User’s plan allows. User agree that User will not sell, trade or otherwise transfer User’s login or account to another party and that User will not, unless otherwise specifically agreed to in writing by Satyamplay.com charge anyone for access to any portion of the Website, or any information therein. User agree that User are responsible for anything that happens through User’s account until User Cancels User’s subscription and close User’s account or prove that User’s account security was compromised due to no fault of User’s own.
7. DATA PRIVACY AND SECURITY
- a) User agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with Satyamplay.com or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any person’s privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, e) The user is responsible for all information, data, text, messages or other materials that User post or is otherwise transmitted via the Service. The user is responsible for maintaining the confidentiality of User’s login and account and is fully responsible for any and all activities that occur under User’s login or account. User agrees and acknowledges that one (1) person may only use User’s login and that User will not share a single login with multiple people. The user may create separate logins for as many people as User’s plan allows. User agrees that User will not sell, trade or otherwise transfer User’s login or account to another party and that User will not, unless otherwise expressly agreed to in writing by Satyamplay.com charge anyone for access to any portion of the Website, or any information therein. User agrees that User is responsible for anything that happens through User’s account until User Cancels User’s subscription and close User’s account or prove that User’s account security was compromised due to no fault of User’s own.
8. CANCELLATION AND TERMINATION
- a) User may cancel User’s account with Satyamplay.com at any time;
- b) Satyamplay.com reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate User’s account or any part thereof (or User’s use of the Service), and remove and discard any of User’s content within the Service if We believe that User has violated these Terms. The Satyamplay.com will use all reasonable efforts to contact User directly via email to warn User before suspension or termination of User’s account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of User’s use of Service, and may be referred to law enforcement authorities. The Satyamplay.com shall not be liable to User or any third party for any modification, suspension or discontinuation of the Service.
9. DISCLAIMER OF WARRANTIES AND LIABILITY
- a) This website and the services associated with it are operated with the utmost care, reliability and availability. However, we cannot guarantee the current status, accuracy, completeness, functionality or availability of the content and service The website and all content, server and network elements are provided on an “as-is” and “as-available” basis, without any warranties of any kind to the fullest extent permitted by law, and The Company expressly disclaims any and all warranties, whether express or implied.
- b) Satyamplay.com does not represent or warrant that the service, content or materials from or related to the service are accurate, complete, reliable, current or error-free or that the Website or the service, servers, or any platform applications are free of viruses or other harmful components, therefore, the User should exercise caution in the use and download of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. The user will be solely responsible for User’s use thereof and any damages to User’s mobile device or computer system, loss of data or other harm of any kind that may result.
- c) Satyamplay.com disclaims all liability for damages caused by any such interruption or errors in the functioning of the Website, except as otherwise expressly set forth herein. Furthermore, Satyamplay.com disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the service due to inappropriate equipment, disturbances related to internet service Satyamplay.com to the saturation of the web network, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, problems related to the service or its use, loss of personal content on the Website, lost or undeliverable email, and for any other reason. Under no circumstances will Satyamplay.com be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from the use of the Website or the Service, or any interactions between users of the Website or the Service, whether online or offline.
- c) Satyamplay.com provides the platform for the Service. Satyamplay.com does not control or vet user generated content for accuracy as such; the Satyamplay.com cannot guarantee and does not promise any specific results from use of the Website and the service.
- a) Satyamplay.com under no circumstances, will be liable to the other party for any indirect, incidental, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with these terms or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
- b) Monetary damages: notwithstanding anything to the contrary in these terms, Satyamplay.com’s aggregate liability, for damages (monetary or otherwise) under these terms claimed by User or any third party arising from our service, shall be limited to the lesser of (i) actual damages incurred, or (ii) payments made by User for the service during the twelve (12) months preceding the claim. The parties acknowledge and agree that the essential purpose of this section 10.b. is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if Satyamplay.com were to assume any further liability other than as setting forth herein. The parties have relied on these limitations in determining whether to enter into this term
- c) Satyamplay.com’s liability will be limited to the greatest extent permitted by law. Accordingly, some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to User.
- d) Infringement: If User’s use of the Service has become, or in Satyamplay.com’s opinion is likely to become, the subject of any such Claim, Satyamplay.com may at its option and expense (a) procure for User the right to continue using the Service as set forth hereunder; (b) replace or modify the Service to make it non-infringing; or (c) if options (a) or (b) are not reasonably practicable, terminate these Terms and repay User any unused Service fees. This Section States User’s sole, exclusive and entire liability of Satyamplay.com on a claim brought by User related to User’s permitted use of the Service.
- a) Indemnification by Satyamplay.com: Satyamplay.com will indemnify and hold User harmless, from and against any claim against User because of User’s use of our app as permitted, brought by a third party alleging that the Website infringes a valid patent or copyright. Satyamplay.com shall, at its expense, defend such Claim and pay damages finally awarded against User in connection with any such claim, provided that (i) User promptly notifies Satyamplay.com of the threat or notice of such Claim, (ii) Satyamplay.com will have the sole and exclusive control and authority to defend and/or settle any such Claim, and (iii) User fully cooperates with Satyamplay.com in connection therewith. Notwithstanding the preceding, Satyamplay.com will have no liability or obligation under this Section with respect to any intellectual property claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by User; (ii) modification of the Service by anyone other than Satyamplay.com; or (iii) the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing.
- b) Indemnification by User: User agrees to defend, indemnify, and hold harmless Satyamplay.com from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from User’s breach of these Terms, or User’s misuse or illegal use of the Service. Satyamplay.com will provide User notice of any such claim, suit, or proceeding. Satyamplay.com reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case User agree to cooperate with any reasonable requests to assist Satyamplay.com’s defense of such matter.
12. ENTIRE AGREEMENT
- a) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, all previous understandings whether oral or written having been merged herein. No representations or warranties have been made other than those expressly set forth herein. Without limiting the foregoing, the parties have not relied on any oral statements that are not included in the Terms. The Terms may not be changed, modified, renewed, extended, or discharged or any covenant or provision hereof waived except by an agreement in writing signed by both parties. These Terms supersede prior versions of these Terms.
- b) Notwithstanding the foregoing, we may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify User of such changes and direct User to the latest version. Upon notice of modification of these Terms, except such modifications required by law, User may notify us within two weeks of Our Sending User notice of the amended Terms that User are exercising User’s right to terminate User’s subscription to the Service.
13. GOVERNING LAW
The validity, interpretation and performance of these Terms shall be governed by the laws of Califoria without giving effect to the conflicts of law’s provisions or principals thereof.
14. ARBITRATION OF DISPUTES
If we cannot amicably resolve any legal dispute or damage claim that should arise from User’s interactions with the Website, the Service, or Satyamplay.com, the User agrees to resolve any such dispute and/or damage claim by arbitration. The arbitration proceeding shall be conducted in California. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, which shall include, but not be limited to, the courts within California.
Satyamplay .com’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.