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1. ACCEPTING THE TERMS OF SERVICE
The “Terms of Service” governs the relationship between you and 99Games (hereinafter "We" or "Us" or “Our”) regarding your usage of our games on mobile devices as well as the website http://99games.in. In this agreement, "99Games" means 99Games Online Private Limited located at 3-62B, 1st Floor, Robosoft Campus, 217, N.H. 66, Santhekatte, Udupi 576105. By using or accessing (a) the website located at http://99games.in (the “Site”) or (b) any 99Games game or application ((a) and (b) collectively, the "Service") you agree that you have read, understood, and accept to be bound by the Terms.
99Games reserves the right, in its sole discretion, to amend, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Your continued use of the service will constitute your acceptance of, and agreement to, such changes or modifications. If at any point you do not agree to any portion of the then current version of our Terms of Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
2. RIGHTS TO USE THE SERVICE
Subject to your compliance with these Terms, 99Games grants you a nonexclusive, non-transferable, revocable limited license to use and access the Service, solely for your personal entertainment, non-commercial use.
You agree not to (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by 99Games or its licensors, except for the permissions and rights expressly granted in these Terms.
You agree that you will not, under any circumstances:
➢ Engage in any act that 99Games deems to be in conflict with the spirit or intent of the Service or make improper use of 99Game’s support services.
➢ Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service or any 99Games’ game, without express written consent from us.
➢ Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any 99Games’ game environment.
➢ Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
➢ Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connect to the Service by any means other than the user interface provided by 99Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
If you violate these Terms, 99Games reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. 99Games reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
3. USAGE RULES AND CONDUCT OF SERVICE
99Games has a PrivacyPolicy(http://www.99games.in/modules/privacy/privacy.html) to make sure that features like Chat and Profile picture available in Multiplayer mode are not misused in any way. The use of this game is governed by this policy for a safe and enjoyable playing experience.
➢ Your Content must not contain any image including nudity, profanity, sexual activity, and sexual innuendos, sexually offensive or otherwise obscene content.
➢ Your Content does not slander, defame or otherwise harm the good name of others.
➢ Your Content is not used to initiate any scam, pyramid scheme, phishing (Phishing is a way of attempting to acquire sensitive information such as usernames, passwords and credit card details by masquerading as a trustworthy) or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
➢ You may not use copyrighted, obscene or pornographic images as your profile picture.
➢ You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
➢ You may not call with, publish, or post direct, specific threats of violence against others.
➢ You may not use our service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
➢ You may not upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware.
➢ You may not post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements.
➢ You will not use our service to stalk, harass, threaten or harm another.
➢ If you are an adult, you will not use our service to request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor's school, church, athletic team or friends.
➢ We reserve the right to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied.
➢ You expressly understand and agree that YOUR use of copyrighted images IS AT YOUR SOLE RISK.
➢ 99Games reserves the right to change these terms and conditions at any time, without any prior notice to you and you agree to abide by the most recent version of this Terms of Use Agreement each time you use this game.
➢ We will never share, sell or rent individual personal information with anyone for their promotional use without your advance permission or unless ordered by court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.
4. AUTO RENEWABLE SUBSCRIPTIONS
99Games outlines an auto-renewable subscription for its games and that permits a user to purchase dynamic content for a set period of time. Once that set period of time ends, the subscription renews again for the same amount of time. This continues until the user cancels the subscription.
5. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING 99GAMES’ LIABILITY, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 99GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIME OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
99GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, POST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 99GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 99GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO 99GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO 99GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND 99GAMES EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH 99GAMES IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or other limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that 99Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of 99Games’ liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF 99GAMES.
You agree to indemnify, defend, and hold 99Games harmless for any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
7. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and 99Games, we strongly encourage you to first contact us directly. These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by the laws of India, without regard to conflict of law decisions.
8. SEVERABILITY
You and 99Games agree that if any portion of these Terms of Service or of the 99Games Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, by ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provision of the terms, which shall continue to be in full force and effect.
9. TERMINATION OF SERVICES
You may terminate your account at any time and for any reason by sending an email to support@99games.in. Violation of any aspect of the Terms of Service will lead to termination of your Account, with or without prior notification. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and 99games is under no obligation to compensate you for any such losses or results.
10. GENERAL PROVISIONS
10.1 Assignment
99Games may assign or delegate these Terms of Service and/or the 99Games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without 99Games’ prior written consent, and any unauthorized assignment and allocation by you is ineffective.
10.2 Supplemental Policies
99Games may publish supplementary policies related to precise services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3 Entire Agreement
These Terms of Service, and Supplemental Policies and any documents expressly incorporated by reference herein (including the 99Games Privacy Policy), comprise the complete understanding of you and 99Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, verbal or written, or whether established by custom, practice, policy or precedent, amongst you and us with admiration to the Service.
10.4 No Waiver
The failure of 99Games to necessitate or enforce strict performance by you of any provision of these Terms of Service or of the 99Games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of 99Games’ right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by 99Games of any provision, condition, or requirement of these Terms of Service or of the 99Games Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by 99Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a dully appointed offer of 99Games.
10.5 Notices
We may inform you via postings on http://www.99games.in/, and via e-mail or any other communications means to contact information you provide to us. All notices given by you are required from you under these Terms of Service or the 99Games Privacy Policy shall be in writing and addressed to: 99Games Online Pvt. Ltd., 3-62B, 1st Floor, Robosoft Campus, 217, N.H. 66, Santhekatte, Udupi 576105, Karnataka, India. Any notices that you provide without compliance in this segment on Notices shall have no legal effect.
10.6 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to 99Games are of a unique irreplaceable nature, the loss of which shall irreparably harm 99Games and which cannot be replaced by monetary damages alone so that 99Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof or damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any 99Games’ game, exploitation of any advertising or other materials issues in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.
10.7 Force Majeure
99Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of 99Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond 99Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
The “Terms of Service” governs the relationship between you and 99Games (hereinafter "We" or "Us" or “Our”) regarding your usage of our games on mobile devices as well as the website http://99games.in. In this agreement, "99Games" means 99Games Online Private Limited located at 3-62B, 1st Floor, Robosoft Campus, 217, N.H. 66, Santhekatte, Udupi 576105. By using or accessing (a) the website located at http://99games.in (the “Site”) or (b) any 99Games game or application ((a) and (b) collectively, the "Service") you agree that you have read, understood, and accept to be bound by the Terms.
99Games reserves the right, in its sole discretion, to amend, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Your continued use of the service will constitute your acceptance of, and agreement to, such changes or modifications. If at any point you do not agree to any portion of the then current version of our Terms of Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
2. RIGHTS TO USE THE SERVICE
Subject to your compliance with these Terms, 99Games grants you a nonexclusive, non-transferable, revocable limited license to use and access the Service, solely for your personal entertainment, non-commercial use.
You agree not to (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by 99Games or its licensors, except for the permissions and rights expressly granted in these Terms.
You agree that you will not, under any circumstances:
➢ Engage in any act that 99Games deems to be in conflict with the spirit or intent of the Service or make improper use of 99Game’s support services.
➢ Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service or any 99Games’ game, without express written consent from us.
➢ Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any 99Games’ game environment.
➢ Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
➢ Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connect to the Service by any means other than the user interface provided by 99Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
If you violate these Terms, 99Games reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. 99Games reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
3. USAGE RULES AND CONDUCT OF SERVICE
99Games has a PrivacyPolicy(http://www.99games.in/modules/privacy/privacy.html) to make sure that features like Chat and Profile picture available in Multiplayer mode are not misused in any way. The use of this game is governed by this policy for a safe and enjoyable playing experience.
➢ Your Content must not contain any image including nudity, profanity, sexual activity, and sexual innuendos, sexually offensive or otherwise obscene content.
➢ Your Content does not slander, defame or otherwise harm the good name of others.
➢ Your Content is not used to initiate any scam, pyramid scheme, phishing (Phishing is a way of attempting to acquire sensitive information such as usernames, passwords and credit card details by masquerading as a trustworthy) or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
➢ You may not use copyrighted, obscene or pornographic images as your profile picture.
➢ You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
➢ You may not call with, publish, or post direct, specific threats of violence against others.
➢ You may not use our service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
➢ You may not upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware.
➢ You may not post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements.
➢ You will not use our service to stalk, harass, threaten or harm another.
➢ If you are an adult, you will not use our service to request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor's school, church, athletic team or friends.
➢ We reserve the right to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied.
➢ You expressly understand and agree that YOUR use of copyrighted images IS AT YOUR SOLE RISK.
➢ 99Games reserves the right to change these terms and conditions at any time, without any prior notice to you and you agree to abide by the most recent version of this Terms of Use Agreement each time you use this game.
➢ We will never share, sell or rent individual personal information with anyone for their promotional use without your advance permission or unless ordered by court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.
4. AUTO RENEWABLE SUBSCRIPTIONS
99Games outlines an auto-renewable subscription for its games and that permits a user to purchase dynamic content for a set period of time. Once that set period of time ends, the subscription renews again for the same amount of time. This continues until the user cancels the subscription.
5. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING 99GAMES’ LIABILITY, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 99GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIME OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
99GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, POST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 99GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 99GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO 99GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO 99GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND 99GAMES EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH 99GAMES IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or other limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that 99Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of 99Games’ liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF 99GAMES.
You agree to indemnify, defend, and hold 99Games harmless for any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
7. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and 99Games, we strongly encourage you to first contact us directly. These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by the laws of India, without regard to conflict of law decisions.
8. SEVERABILITY
You and 99Games agree that if any portion of these Terms of Service or of the 99Games Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, by ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provision of the terms, which shall continue to be in full force and effect.
9. TERMINATION OF SERVICES
You may terminate your account at any time and for any reason by sending an email to support@99games.in. Violation of any aspect of the Terms of Service will lead to termination of your Account, with or without prior notification. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and 99games is under no obligation to compensate you for any such losses or results.
10. GENERAL PROVISIONS
10.1 Assignment
99Games may assign or delegate these Terms of Service and/or the 99Games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without 99Games’ prior written consent, and any unauthorized assignment and allocation by you is ineffective.
10.2 Supplemental Policies
99Games may publish supplementary policies related to precise services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3 Entire Agreement
These Terms of Service, and Supplemental Policies and any documents expressly incorporated by reference herein (including the 99Games Privacy Policy), comprise the complete understanding of you and 99Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, verbal or written, or whether established by custom, practice, policy or precedent, amongst you and us with admiration to the Service.
10.4 No Waiver
The failure of 99Games to necessitate or enforce strict performance by you of any provision of these Terms of Service or of the 99Games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of 99Games’ right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by 99Games of any provision, condition, or requirement of these Terms of Service or of the 99Games Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by 99Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a dully appointed offer of 99Games.
10.5 Notices
We may inform you via postings on http://www.99games.in/, and via e-mail or any other communications means to contact information you provide to us. All notices given by you are required from you under these Terms of Service or the 99Games Privacy Policy shall be in writing and addressed to: 99Games Online Pvt. Ltd., 3-62B, 1st Floor, Robosoft Campus, 217, N.H. 66, Santhekatte, Udupi 576105, Karnataka, India. Any notices that you provide without compliance in this segment on Notices shall have no legal effect.
10.6 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to 99Games are of a unique irreplaceable nature, the loss of which shall irreparably harm 99Games and which cannot be replaced by monetary damages alone so that 99Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof or damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any 99Games’ game, exploitation of any advertising or other materials issues in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.
10.7 Force Majeure
99Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of 99Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond 99Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.