TERMS OF USE

 

General.

IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES FRAMED THEREUNDER, THESE TERMS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT. BEING GENERATED BY A COMPUTER SYSTEM IT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURES.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of http://mechmocha.com/ (“Website”, “Site”) and/or the games and applications offered by Mech Mocha, including any software that You have downloaded or are about to download, any software that You have embedded on a web site or are about to embed, any applications created by Mech Mocha and available through mobile devices (“Application(s)”).

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”).

The expressions “You”, “Your” “Yourself” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or Application or agree to avail Our Services through this Website or Application, or otherwise access Our Website or Application.

These terms and conditions (“Terms of Use”) shall govern your access to and use of the Services however accessed, as well as any and all information of whatever kind and nature appearing on the Website or Application or otherwise available through the Services. Please read these Terms of Service carefully before using the Site and/or Application; your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Use. By downloading and installing the Application, accessing the Site or using the Services in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the Site or Application. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Use.

We may, in our sole discretion, make changes to these Terms of Use, from time to time with or without notice to you. Each time changes are made to these Terms of Use, a revised version of these Terms of Use, will be posted in the Application and Website. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Use. At all times, the latest version of these Terms of Use shall be binding and prevail over any other version. Furthermore, We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.

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).

Privacy Policy

We respect the privacy of others. Any information that you provide us through the Services is subject to Our Privacy Policy. Your use of the Services constitutes your consent to the collection and use of your certain information, as described in our Privacy Policy at http://mechmocha.com/privacy/.

Grant of Limited License to use the Services

Subject to Your agreement and continuing compliance with these Terms of Use and any other relevant Mech Mocha policies, Mech Mocha grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services under the Applications for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Services:

Member Registration

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.

When You sign up on Application(s), Your personal information will be registered automatically in Our database which will be maintained and used by Us in accordance with the Privacy Policy.

Termination

We reserve all rights to deny access, and to suspend or terminate Your access to the Website or Application without providing prior notice, for any reason, including violation of any of these Terms of Use by You.

Content

A variety of information, text, graphics, software, graphics, photos, data, video, audio-visual combinations, interactive features and other materials You may view on, or access through the Service (“Content”) is available on the Website and Application. The Content available on the Website and Application shall be used solely for Your non-commercial use and/or to benefit from the products, Services intimated on the Website and Application. No right, title or interest in any Content is transferred to You, whether as a result of downloading or reproducing such Content or otherwise. We reserve complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from Us or the Service. 

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

You hereby grant to Mech Mocha an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Us the right to authorize others to exercise any of the rights granted to Us under these Terms of Use. You further hereby grant to Us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by applicable law, You waive any rights of attribution and/or any moral rights You may have in your User Content, regardless of whether Your User Content is altered or changed in any manner. Mech Mocha does not claim any ownership rights in Your User Content and nothing in these Terms of Use is intended to restrict any rights that You may have to use and exploit your User Content. We have no obligation to monitor or enforce Your intellectual property rights in or to Your User Content.

 

Purchases

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.

Please report anyone who violates these Terms of Use at the email ID grievances@mechmocha.com and We will at Our own good judgement and discretion take an appropriate action against such User.

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 grievances@mechmocha.com. 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.

This report abuse facility is being provide by Us to ensure that You have an excellent user experience and in case of any misbehaviour that You face we take appropriate action. Any misuse of this mechanism shall be deemed as a violation of these Terms of Use and We reserve the right to take appropriate action against You.

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.

Compatible Devices

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.

System Requirements

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

As a condition of use, You agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of Your activity in connection with the Services. Without derogating from Your responsibility under any applicable law, and solely by way of example, You shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:

 

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.

Fees Terms

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.

Governing law

These Terms of Use shall be governed by the laws of India, without regard to principles of conflicts of law.

Disputes

Any Dispute, controversy or claims by or between, You and Mech Mocha, hereto arising out of or relating to or in connection with terms and conditions of these Terms of Use or transactions contemplated on Site or Application, or the breach, termination, validity of any term under these Terms of Use or any other dispute between the Parties shall be finally settled by ‘Arbitration’ in accordance with the Indian Arbitration and Conciliation Act, 1996. There shall be a sole arbitrator, who shall be appointed by Mech Mocha. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of Terms of Use to arbitrate shall be governed by the Laws of India. The arbitration proceedings shall be conducted in Bangalore or Delhi, and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to these Terms of Use, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

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.

 

Interpretation

Headings are for convenience only and shall not be used to construe the terms of these Terms of Use. If any term of this Terms of Use is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Use. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.

 

Waiver

Any failure on Our part to exercise any provision or right under these Terms of Use, shall not constitute a waiver by Us of that provision or right.

 

Indemnity

You agree to indemnify, defend and hold harmless the Company and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Website and Application, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Company harmless against any claims made by any third party due to or arising out of or otherwise relating to Your use of the Website or Application, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold the Company harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Use.

Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.

 

Report Abuse

If You feel that the Content available on the Website and/or Application violates a right granted to You or any other person under applicable law, or causes any communal disharmony, is offensive to any individual and/or ethnic group, violates any order or judgement of a judicial body, or any other issues with respect to the Content or conduct of other users on account of breach of these Terms of Use by such users You may write to us at grievances@mechmocha.com, detailing how the Content affects You or any other person or group of persons or the conduct of the other user. Pursuant to Your report, We may investigate the said issue internally, and take relevant remedial action, if so determined pursuant to Our investigation. Further, We may reach out to You if and when we require any further information to assist Us in Our investigation.

 

Contact Information

If You have any questions or concerns with respect to this Terms of Use or the Website or Application or any information contained on thereon, You may contact Us by writing to Us at grievances@mechmocha.com. These Terms of Use supersede any previous versions

 

Last Updated on July 31, 2018