This Website by the URL http://mechmocha.com/ and all the Web – pages, hyperlinks, tools and Services provided there under, including all the Applications are owned and operated by Mech Mocha Game Studios Private Limited (hereafter referred to as, “Company”), a company incorporated under Indian laws, with its registered office at 3rd Floor, No.114 & 115, 27th Main Road, HSR 2nd Sector, Bangalore, Karnataka, 560102.
The Company’s (“Our”, “Us”, “We”, “Mech Mocha”) Website and Applications come as a medium for playing mobile application games. (“Services”).
You further confirm that You are neither a resident of, nor in any way subject to the laws of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein).
Grant of Limited License to use the Services
The following restrictions apply to the use of the Services:
User who is competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Applications and can avail Our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.
You would be required to sign up on Applications by providing certain personal details such as name, e-mail address, telephone number and access to Facebook and Facebook account information or Google+ profile and Google+ profile information, to join in-game campaigns, to save Your in-game progress, to gain access to and/or to log on to the exclusive content areas. You agree to provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then the Company may (in addition to any other rights or remedies available to Us) refuse registration, suspend access to all current or future use of the Website or Application and the Services (or any portion thereof) permanently.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Mech Mocha Application are owned by Mech Mocha. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Application games and the Service. All Content on the Website and Application is either owned or licensed to Us, and is subject to copyright, trade mark rights, and other intellectual property rights of the Website and Application.
Mech Mocha owns, has been licensed, or otherwise has rights to use all of the Content that appears in the Service, Website and all the Applications. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any Content that appears in the Service, Website and all the Applications, including without limitation the virtual goods or currency appearing or originating in any Application game, whether earned in a game or purchased from the in-game Application.
Your License to Mech Mocha
In the Service under the Applications you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", all for use in Mech Mocha Applications; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from Us or Our authorised partners through the Service, and not in any other way. We may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. We shall have no liability to you or any third party in the event that We exercise any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, You shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Mech Mocha, another user or any third party.
All purchases and redemptions of Virtual Items made through the Service are final and non-refundable. The provision of Virtual Items for use in Mech Mocha Applications is a service provided by Us that commences immediately upon acceptance by Mech Mocha of Your purchase.
Use of Message Boards, Chat Rooms And Other Communication Forum
This Site and Application may contain message/bulletin boards, chat rooms including in built audio/video chat options, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Conduct or forward surveys, contests, or chain letters. Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Mech Mocha, and such communications shall not be considered reviewed, screened, or approved by Mech Mocha. Mech Mocha reserves the right for any reason to remove without notice any contents of the Forums received from Users, including without limitation message board postings.
In no event shall the Site and/or Application be held responsible for any Posts nor does the Company, Site or Application represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Company be liable for any loss or damages resulting from their use and/or appearance on the Site.
By providing a Post to the Site and/or Application, you undertake, represent and warrant to the Company that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant the Company and its associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
The Company, Site and/or Application will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site or Application generally, in any manner that the Company may determine, in its sole discretion, at any time. Although the Company endeavours to periodically monitor the content posted on this Site and Application, the Site and/or Application will not be responsible for the views or opinions expressed by third parties on the Site.
You agree that you will not use any Post and/or any part or all of our Site and/or Application to:
You further agree that You may use the Site and Application for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for Yourself and/or any third-party business activity.
You further agree and understand that You are responsible for the conduct of any other user on or off the Services. You agree to use caution in all interaction with other User/(s). You shall at Your own good judgement and in a prudent manner deal with the conduct of any other User and use caution in all interactions.
In case You come across such behaviour while audio/video chats at the Forums You should first turnoff the chat, by doing this neither You will be able to hear the other User/(s) nor the other User/(s) will be able to hear you. Additionally, We also recommend to immediately come out from the particular Forum/game and report abuse to us at firstname.lastname@example.org. Please note that you should be vigilant while interacting with other User/(s). This is a mere guideline to help You figure out ways in case You face any abuse or misbehaviour and casts no responsibility/obligation on Us. However, We will ensure that in case You report any such abuse to Us, We on own judgement and records available with Us block the User after giving them due warnings.
You are solely responsible for Your interactions with other users and You understand that Mech Mocha does not conduct any background verification including criminal records/background verification of its users. However, Mech Mocha reserves the right to conduct and You agree that Mech Mocha may conduct any criminal background check or other screenings any time.
Mech Mocha makes no representation or warranties as to the conduct of the other Users of the Services.
Further, in all cases where Mech Mocha does not pair the User/(s) in any particular Forum with another player/User and You Yourself choose with whom You may want to play the game or interact otherwise either in Forum, through Forum or offline the Forum, You shall be solely responsible for the conduct, behaviour, action, omission to act or otherwise of such another user and Mech Mocha shall not be responsible in any manner.
In order to be able view and use Content on the Service, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However, You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside the Company’s reasonable control.
The Company does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Application being unavailable. The Company will not be responsible for any support or maintenance for the Application.
In order to use the Application, You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements'). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and Services.
Restrictions on Use
Right to Cancellation in case of invalid information from User.
The User expressly undertakes to provide to the Company only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Us.
In case the Company discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, the Company in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, We shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies the Company of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers. This would also include Us denying/cancelling any bookings on account of suspected fraud transactions.
Third Party Account Information.
By using the account access service in the Company Website and Application, the User authorizes the Company and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their password or account or any other breach of security. The Company will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
You agree to pay all fees and applicable taxes incurred by you. Mech Mocha may revise the pricing for the goods and services it licenses to you through the Mech Mocha Service at any time.
YOU AGREE AND ACKNOWLEDGE THAT MECH MOCHA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Some of Mech Mocha games may be described as a “free game” within the description page of App marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT.
Intellectual Property Rights
This Website and its mobile Applications are owned by Mech Mocha Game Studios Private Limited. All rights to, title and interest in the Content available on/ via the Website and Application, the Website’s and Application’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website and Application, and the Website and Application URLs, are the property of Mech Mocha Game Studios Private Limited or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The Website and its mobile Applications and the Content are protected by copyright laws, and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.
We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a User’s account if the User is determined to be a repeat infringer.
Disclaimer of Warranties
The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer system, tablet, mobile device or data stored on it, is solely Yours.
Limitation of Liability
You acknowledge and agree that in no event will We (including, without limitation, our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of the Service, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that we may change the Service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.
Nothing in this clause shall (or shall be construed so as to) limit the right of Mech Mocha to initiate proceedings against any You in accordance with mandates contained in Section 20 of the Civil Procedure Code, 1908. (Notwithstanding anything contained in the foregoing sub clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions contained in Chapter XIII of the Code of Criminal Procedure, 1973.
Last Updated on July 31, 2018