TERMS OF SERVICE
Last updated: 12/03/2022
1. Introduction
Welcome to Vivara Interactive Studios (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please
pause, grab a cup of coffee and carefully read the following pages. It will
take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”)
govern your use of our web pages located at www.vivarastudios.com operated by Vivara Interactive Studios.
Our Privacy Policy also governs your use of
our Service and explains how we collect, safeguard and disclose information
that results from your use of our web pages. Please read it here
www.vivarastudios.com/privacy.
Your agreement with us includes these
Terms and our Privacy Policy (“Agreements”).
You acknowledge that you have read and understood Agreements, and agree to be
bound of them.
If you do not agree with (or cannot comply
with) Agreements, then you may not use the Service, but please let us know by
emailing at [email protected] so we can try to find a solution. These Terms
apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
2. Communications
By using our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing at.
3. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions
(collectively, “Promotions”) made
available through Service may be governed by rules that are separate from these
Terms of Service. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a
Promotion conflict with these Terms of Service, Promotion rules will apply.
4. Refunds
Except when required by law, paid Subscription fees are
non-refundable.
5. Content
Our Service allows you to post, link, store, share and
otherwise make available certain information, text, graphics, videos, or other
material (“Content”). You are
responsible for Content that you post on or through Service, including its
legality, reliability, and appropriateness.
By posting Content on or through Service, You represent
and warrant that: (i) Content is yours (you own it) and/or you have the right
to use it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person or entity. We reserve the right to terminate the
account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you
submit, post or display on or through Service and you are responsible for
protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through Service. However, by posting
Content using Service you grant us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content on
and through Service. You agree that this license includes the right for us to
make your Content available to other users of Service, who may also use your
Content subject to these Terms.
Vivara Interactive Studios has the right but not the obligation to monitor and edit all Content
provided by users.
6. Prohibited Uses
You may
use Service only for lawful purposes and in accordance with Terms. You agree
not to use Service:
(a)
In
any way that violates any applicable national or international law or
regulation.
(b)
For
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content or otherwise.
(c)
To
transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail”, “chain letter,” “spam,” or any other similar
solicitation.
(d)
To
impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
(e)
In
any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
(f)
To
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm or offend Company
or users of Service or expose them to liability.
Additionally,
you agree not to:
(a)
Use
Service in any manner that could disable, overburden, damage, or impair Service
or interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
(b)
Use
any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
(c)
Use
any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
(d)
Use
any device, software, or routine that interferes with the proper working of
Service.
(e)
Introduce
any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
(f)
Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
(g)
Attack
Service via a denial-of-service attack or a distributed denial-of-service
attack.
(h)
Take
any action that may damage or falsify Company rating.
(i)
Otherwise
attempt to interfere with the proper working of Service.
7. Analytics
We may use third-party Service Providers to monitor and
analyze the use of our Service.
Google
Analytics
Google
Analytics is a web analytics service offered by Google that tracks and reports
website traffic. Google uses the data collected to track and monitor the use of
our Service. This data is shared with other Google services. Google may use the
collected data to contextualise and personalise the ads of its own advertising
network.
For
more information on the privacy practices of Google, please visit the Google
Privacy Terms web page: https://policies.google.com/privacy?hl=en
We
also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Service
is intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using any of Company, you warrant and represent that you
are at least eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not at least eighteen (18) years old, you are
prohibited from both the access and usage of Service.
9. Accounts
When you create an account with us, you guarantee that
you are above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on
Service.
You are responsible for maintaining the confidentiality
of your account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or
password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person
or entity or that is not lawfully available for use, a name or trademark that
is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is
offensive, vulgar or obscene.
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
10. Intellectual Property
Service and its original content (excluding Content
provided by users), features and functionality are and will remain the
exclusive property of Vivara Interactive Studios and its licensors. Service is
protected by copyright, trademark, and other laws of the India and
foreign countries. Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of Vivara Interactive Studios.
11. Copyright Policy
We respect the intellectual property rights of others. It
is our policy to respond to any claim that Content posted on Service infringes
on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of
one, and you believe that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via email
to [email protected], with the subject line: “Copyright Infringement”
and include in your claim a detailed description of the alleged Infringement as
detailed below, under “DMCA Notice and Procedure for Copyright Infringement
Claims”
You may be held accountable for damages (including costs
and attorneys’ fees) for misrepresentation or bad-faith claims on the
infringement of any Content found on and/or through Service on your copyright.
12. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the
Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(a)
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright’s interest;
(b)
a
description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
(c)
identification
of the URL or other specific location on Service where the material that you
claim is infringing is located;
(d)
your
address, telephone number, and email address;
(e)
a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(f)
a
statement by you, made under penalty of perjury, that the above information in