Please read These Terms Of Use Carefully Because They
Describe Your Rights And
Responsibilities
This is the official Terms of Use Agreement
("Agreement")for www.Dhyeycreations.co.in (“Dhyeycreations" or "Site"), an Internet website owned and operated by Dhyeycreations. ("Dhyeycreations", and Site and Dhyeycreations collectively
"we,""us," or "our"). This Agreement governs only
the content,features, and activities related to this Site and does not cover
websites for any subsidiaries and
affiliates of Dhyeycreations
(collectively,"Affiliates"), or any other company, unless
specifically stated.
Dhyeycreations operates and controls
the Site from its office in India. We make no representation that the Site is appropriate or
available in other locations.Accordingly, those persons accessing the Site from
other locations do so on their own initiative and are responsible for compliance
with applicable local laws. Software made available from this Site (including
without limitation game downloads) is subject to Indian export controls. Thus, no
software from this Site may be downloaded,
exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the United States has embargoed goods; or (b) to
anyone on the India Department's list of
Specially Designated Nationals or the INDIA Commerce Department's Table of Deny Orders. By downloading
any software, you represent and warrant that you are not located in, under the
control of, or a national or resident of, any such country or on any such list.
These terms and conditions regarding your use of the Site constitute
a legally binding agreement between you
and Dhyeycreations and your use of the
Site constitutes
acknowledgement that you understand and agree to abide by the terms of this Agreement including any additional terms
that govern certain products and services, which will be presented in conjunction with
those products and services
("Additional Terms"), including the Dhyeycreations User
SubmissionAgreement governing your submission of User Material
(as such term is defined therein)
and the Virtual
CurrencyPurchasing Agreement governing
purchases on the Site. The Site may also provide rules of participation ("Rules")
for certain activities and services including, but not limited to, contests and
sweepstakes, award programs, subscription
services and e-commerce services ("Services").The term
"Site" includes all websites and web pages within the Site as well as any associated equivalent, mirror,
replacement, substitute or backup websites and web pages. Unless the context clearly
requires otherwise or we explicitly say so in writing, the term "Site"
includes"Material" and "Services."
TheSite's Privacy
Policy,Additional Terms and Rules, when applicable, are hereby
incorporated herein by reference. To the extent that there is a conflict between
this Agreement and the Additional Terms or
Rules for the activity in which you choose to participate, the applicable Additional Terms and/or
Rules shall govern. This
Agreement will remain in full force and effect as long as you are
a user of the Site and in the event of
termination of any membership, service or feature, you will still be bound by your obligations under this
Agreement, the Privacy
Policy, and any Additional Terms or Rules, including any
indemnifications, warranties and limitations of liability.
The words"use" and/or "using" in this
Agreement mean any time an
individual (a "user"), directly or indirectly, with or
without the aid of a machine or
device, does or attempts to access, interact with, use,display, view, print or
copy from, transmit, receive or exchange data or communicate with, the Site, or in any way utilizes,
benefits, takes advantage of or interacts with any function, service or feature of
the Site, for any purpose whatsoever. This
Agreement does not cover your rights or responsibilities with respect to third party content or sites or any
links that may direct your browser or your connection to third party sites or pages.
This is the entire and exclusive Agreement
between you and us regarding use of the Site and it cannot be modified, except as specifically
described below in Section 2.
1.Registration And Use Of Password
We may require each user to have a unique user name and password
combination in order
to use the Site and may also, from time to time, provide users with
additional codes or passwords
necessary to access and use certain features or functions of the Site. Please read our PrivacyPolicy, which describes the
personally identifiable information("Personal Information") we
collect, use, disclose, manage and store.As part of the registration process
you will choose a user name and password(or we may assign an initial password
which we will give you the option to change). Your user name and password are personal to you
and you may not allow any others to use your user name or password under any
circumstances. We are not liable for any harm caused or related to the theft or
misappropriation of your user name or
password, disclosure of your user name or password, or your authorization of anyone else to use your user name
or password. You agree to notify us immediately if you become aware of or believe
there is or may have been any unauthorized
use of your user name or password or any other need to deactivate your user name or password due to
security concerns.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT
OR INSTRUCTIONSTRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD
ON THE SITEWILL BE DEEMED BINDING ON YOU. You agree that you are solely
responsible and liable for all actions
taken via your password, whether or not made with your knowledge or authority. You agree to guard your
password carefully, with the full awareness that a failure to keep it secure will
enable others to engage in transactions through the Site for which you will be
legally responsible.
2.Modifications
We reserve the right, at any time and from time to time, for any
reason in our soled
discretion, to change the terms of this Agreement. We will post or
display notices of material changes on
the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at
our discretion. Such changes and/or modifications shall become effective immediately
upon the posting-thereof. Please review the
terms of use periodically. Your continued use of the Site following the posting of changes and/or
modifications will constitute your acceptance of the revised terms of use. You should
periodically review this Agreement, and any applicable Additional Terms, Rules and
the Privacy
Policy.
3.Ownership Of Intellectual Property
The contents of this Site, including all Site software, design, text,
images, photographs,illustrations, audio and video material, artwork, items,
graphic material,databases, Applications, proprietary information and all copyright able or otherwise legally protect able elements of the Site, including, without-limitation, the selection,
sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names
(individually and/or
collectively, "Material"), are the property of Dhyeycreations and
its Affiliates, and any of their successors and assigns, and any of their respective censors, Advertisers (as defined below), suppliers, and operational service providers and are legally
protected, without limitation,under India, as well as applicable foreign laws,
regulations and treaties. On notice, we will act expeditiously to remove content on
the Site that infringes the copyrights of others
and will disable access to the Site of anyone who repeatedly to infringes the intellectual property rights of others.
We take protection of
copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright
infringement over this Site and to promptly end any infringement that might occur. If you
believe that the Site contains elements that infringe your copyrights in your
work, please follow the procedures set forth in our Copyright
Compliance Policy
4.Advertising
From time to time, during your use of the Site, you may communicate
with, receive communications from, be re-directed
to, interact with, or participate in or use the services or obtain goods and services of or
from, third parties such as our advertisers, sponsors, or promotional partners
(collectively, the"Advertisers"). All such communication, interaction
and participation is between you and such
Advertisers and we shall not be responsible or liable to you in any way in connection with these
activities or transactions(including, without limitation, any representations,
warranties, covenants,contracts or other terms or conditions that may exist
between you and the Advertiser or any goods
or services you may purchase or obtain from any Advertiser).
5. Agreement to Deal Electronically
All transactions with or through the Site or Dhyeycreations may, at our option,be
conducted and executed electronically. We may keep records of any type of communication conducted via the Site. All
electronic records are deemed sent when they are properly addressed to the recipient and the
record enters an information processing
system outside the control of the sender or the record enters a region of an information processing system under the
recipient's control. All electronic records
are received when the record enters an information processing system that the recipient has
designated or uses for the purpose of receiving electronic records or information of
the type sent, in a form capable of being
processed by that system, and from which the recipient is able to retrieve the electronic record.
6. Rules of Conduct
Your use of the Site is subject to all applicable local, state,
national laws and regulations and, in some
cases, international treaties. You are solely responsible for all activities, acts and omissions
that occur in, from, through or under your user name or password. You shall not use,
allow, or enable others to use the Site, or knowingly condone use of this Site by
others, in any manner that is, attempts to, or is likely to:
- Be libelous, defamatory,indecent, vulgar or obscene,
pornographic, sexually explicit or sexually suggestive, racially,
culturally, or ethnically offensive, harmful, harassing,intimidating,
threatening, hateful, objectionable, discriminatory, or abusive,or which may or
may appear to impersonate anyone else;
- Affect us adversely or reflect negatively on us, our
goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any
person, firm or enterprise from using all or any
portion, features or functions of the Site, or from advertising, linking or
becoming a supplier to us in connection with the Site;
- Send or result in the transmission of junk
e-mail, chain letters, duplicate or unsolicited messages, surveys,
contests, pyramid scheme, or so-called "spamming"and
"phishing";
- Unless approved by us, be used for commercial or
business purposes, including, without limitation,advertising, marketing or
offering goods or services, whether or not for financial or any other
form of compensation or through linking with any other website or web pages;
- Transmit, distribute or upload programs or material
that contain malicious code, such as viruses, time bombs,cancel bots, worms, Trojan horses, spyware, or
other potentially harmful programs or other
material or information;
- Create a false identity for the purpose of misleading
others or forge any TCP/IP packet header or part of the header information in
any email or newsgroup posting for any reason;
- Disrupt the normal flow of Communities (as defined
below) with an excessive number of messages (i.e.flooding attack) or that
otherwise negatively affects other users' ability to participate in
Communities;
- Contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
- Violate any laws, regulations(including, without
limitation, laws regarding the transmission of technical data or software exported from the India), judicial or
governmental order or any treaties, or violate
or infringe upon any intellectual property rights,rights of publicity or
privacy or any other rights of ours or of any other person, firm or
enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable
information or other computers, websites or
pages, connected or linked to the Site or to use the Site in any manner which
violates or is inconsistent with the terms and conditions of this Agreement;
- Modify, disrupt, impair, alter or interfere with the use,
features, functions, operation or maintenance of the Site or the rights of
use and enjoyment of the Site by any other person, firm or enterprise; or
- Collect, obtain, compile, gather,transmit, reproduce,
delete, revise, view or display any material or information, whether
personally identifiable or not, posted by or concerning any other person, firm
or enterprise, in connection with their or your use of the Site, unless you
have obtained the express, prior permission of such other person, firm or enterprise to do so.
If you choose to use the
embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any
site that is indecent,obscene or pornographic or that is determined to be
otherwise objectionable in our sole and absolute
discretion, and we reserve the right to disable embedded links at any time without notice.
7.Limited Non-Commercial License To Use Site
Dhyeycreations
hereby grants you a limited license to use the Site only for the purposes
of accessing, viewing or
playing content, posting or submitting User Material (as defined in the Dhyeycreations User Submission Agreement ), using the embedded link function, placing product orders or
for accessing information,Applications (as defined herein) and services solely
for your noncommercial,non-exclusive, non-assignable, non-transferable and
limited personal use and for no other purposes. You must not alter, delete or
conceal any copyright or other notices contained on the Site, including notices on
any Material you download, transmit,
display, print or reproduce from the Site. You shall not,nor will you allow any
third party (whether or not for your benefit) to reproduce,modify, create
derivative works from, display, perform, publish, distribute,disseminate,
broadcast or circulate to any third party (including, without limitation, on or via a third party website), or
otherwise use, any Material without the express prior written consent of Dhyeycreations. Any unauthorized or prohibited use of any Material may
subject you to civil
liability, criminal prosecution, or both, under applicable
federal, state and local laws.
Dhyeycreations reserves the right to
suspend or deny, in its sole discretion, your use of all or any portion of the Site as described
in Section 14. Any rights not expressly granted to you herein are reserved to Dhyeycreations. Minors should seek consent of his or her legal guardian
before using this site. Unless you have received specific written permission from Dhyeycreations, you may not (a) "frame" or otherwise impose
editorial comment, commercial material or any information or content on, or in
proximity to, content displayed on the Site; (b) alter or modify any content on the Site;
or (c) deep link or gain unauthorized access
to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit,
sell, or otherwise exploit
the Site for any commercial purpose.
8.Limited Non-Commercial License To Use Applications
Dhyeycreations may offer you the
ability to use certain applications, including without limitation, instant messages, chat areas,
bulletin boards, e-mail functions, software and services that allow you to
download specific content from the Site to your computer, multi-player games and
software that allows you to create greetings, puzzles, photographs, musical
compositions and mixes,music videos and cartoons ("Applications").
Without limiting your obligations and restrictions described in Section 7
above, your limited license to use the Applications is subject to the following
conditions:
- The Applications that are made available to you are the copyrighted work of Dhyeycreations and/or its Affiliates
and/or its suppliers. The use of each Application is governed by the end user license agreement ("EULA") that
accompanies or is included in the Application or is expressly
stated on the Site pages accompanying the Application and this
Agreement. In the event that no EULA accompanies the
Application, then only this Agreement shall govern your use of the Application. You may not download or use any Application
from the Site without agreeing to the EULA, if any, and this
Agreement. Certain Applications maybe owned by third parties and distributed
under a third party EULA and you agree that Dhyeycreations shall not be responsible for any loss or damage
of any sort relating to your dealings with such third parties.
- Unless expressly stated otherwise in the EULA,
you are granted only a limited license to download and/or use
the Application from a single computer for personal
and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the
Application from on e computer to another or over a network, nor may you
separate any content from an associated Application. You may not de-compile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form.
You may not rent,lease or sub license the Application. You may not
create derivative works of the Application and you may not export the
Application in violation of any India.or foreign law, rule or regulation. All
rights in Applications not specifically granted to you in writing by Dhyeycreations are reserved to Dhyeycreations.
- Dhyeycreations may cease support of any Application at any time
in its sole discretion or terminate your use of or access to any
Application, as further described in below Section 15.
- Applications you use or download from the Site may contain third party digital rights management systems
("DRMS")which may allow for communication between your software and
the third party and utilize security features (e.g., preventing
distribution of or access to the applications in the event of
unauthorized use). These DRMS are subject to their own license agreements and you agree that Dhyeycreations shall not be responsible for any loss or damage of any sort relating to or
resulting from the use of the DRMS or your dealings with such
third parties. The Applications may also contain DRMS produced by Dhyeycreations which allow for communication between the applications you use or download
and our systems and which collect information describing your
computer system in order to prevent illegal or
unauthorized use of the applications. More specifically, the DRMS for subscription services and Applications licensed from the
Site may transmit the following pieces of information, along with
other information, when you either enter a purchase key or sign in
with your subscription service user name and password: Operating System, CPU Version Information
(including serial number from a serial-number-enabled Pentium III),
BIOS Version Information,Net BIOS Computer Name, DOS HD Serial
Number, Hard Drive Size / Geometry,S.M.A.R.T. IDE HD Serial Number, Network
Card MAC Address, IP Address and Size of Physical
Memory.
9.Wireless Marketing Services And Promotional
Opportunities
We may provide users the opportunity to register for special
promotions, services,news, programming and information delivered via text
messaging and other wireless devices such as
mobile phones. Users must provide their consent to receive such information by complying with the
specific terms related to such offering. Information that may be requested for specific
promotions includes,without limitation, a user's preferences regarding goods or
services, choices of music or artists, or
other similar survey information. Depending on the promotion, we may also collect an Internet email
address or other information and, depending on the information collected, the user may
also be required to confirm his or her
agreement to this Agreement and, including without limitation, the PrivacyPolicy and/or Additional
Terms or Rules.
Under no circumstances will Dhyeycreations or any Affiliates be responsible for any wireless email or text messaging charges
incurred by a user or by a person that has access to a user's wireless device,
telephone number, or email address.
You understand, acknowledge and agree that we may, at our
sole discretion and without liability to any
user, terminate our offer of any specific wireless marketing service or all wireless marketing
services at any time without advance notice. We may provide notice of such
terminations or changes on this Site.
10. User Communication Features And Postings
Your comments, suggestions and information are important to
us. Portions of this Site may provide you and
other users an opportunity to participate in instant messaging, forum services, blogs, web communities
and other message and communication facilities ("Communities") and
may provide you the opportunity, through
such Communities or otherwise, to submit, post, display,transmit and/or
exchange (a) information, ideas, opinions, messages or other information ("Post" or
"Postings") and (b) User Material.You understand, acknowledge and
agree that such Postings are the sole responsibility of the person from which such Postings
originated. This means that you are solely and entirely responsible for the
consequences of all Postings that you
upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the
Site, Dhyeycreations, or the Affiliates. We reserve the right to monitor,
edit or screen any Postings.If we determine, in our sole discretion, that any
Posting does or may violate any of the terms of this Agreement, we reserve the right,
at any time and without limiting any and
all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to
Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d)
disclose any information that we deem necessary to ensure your compliance with all
applicable laws and with this Agreement;
and/or (e) use any technological, legal, operational or other means available to us to enforce the
provisions of this Agreement,including, without limitation, blocking specific
IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree
that: (a) you specifically authorize
the Site, Dhyeycreations, and its Affiliates to
use such Posting in whole or
in part, throughout the universe, in perpetuity(except for AG Uploads, as
defined in the Dhyeycreations User Submission Agreement) in or on any and all media, now known or hereafter
devised, and alone or together or as part of other information, content and/or material
of any kind or nature;(b) you represent and warrant that (i) the Posting is
original to you and/or fully cleared for use as contemplated herein, (ii) the Posting
does and will not, in any way, violate or breach any of the terms of this
Agreement, (iii) the Posting does not contain
libelous, tortuous, or otherwise unlawful
information,infringe or violate any copyright or other right, or contain any
matter the publication or sale of
which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in
any other manner unlawful,(v) the Posting shall not be injurious to the health
of any user, and (vi) we shall not be required to pay or incur any sums to any
person or entity as a result of our use or exploitation of the Posting; and (c)
if your Posting incorporates the name,
logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you
specifically represent and warrant that (i) you have the right to grant the Site, Dhyeycreations, and its Affiliates the right to use all such Postings as
described above, (ii) the Posting was produced in compliance with all applicable
laws and regulations.
You understand, acknowledge and agree that we have the right
to delete, re-format and/or change your
Postings in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the Site per user is limited. Some Postings may not be
processed due to space constraints or
outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for
deletion of Postings or any failure to store, receive or deliver Postings in a timely
manner or any other matter relating to
Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is
intended to promote or generate
revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, User Material) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy).