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Terms of Service

Updated October 15, 2010

This Terms of Service ("Terms") is a legally binding agreement that governs your use of Finespun Games and/or the games and applications offered by NerdNeuron Pvt. Ltd. ("Finespun Games") and accessed through third party web sites (collectively, the "Service"). In this agreement, "Finespun Games" means NerdNeuron Pvt. Ltd., whose registered office is HOUSE NUMBER 1/274/2/5 KASTURI BAI STREET, KADIRI, Andhra Pradesh, India - 515591. Finespun Games' Privacy Policy is disincorporated herein by reference. By using or accessing the Service, you agree to be bound by these Terms.

1. Access to Finespun Games Service

  • Subject to your acceptance of these Terms, Finespun Games grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
  • Finespun Games Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Finespun Games had actual notice on the date of amendment.
  • We will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications on the Finespun Games website or within the Service, and/or 2) we will send you a message informing you of the modified terms and linking you to the posting. You agree that you will, 1) periodically check the Finespun Games website for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
  • Finespun Games reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
  • You agree to be bound by any application, forum, or game specific rules published within the Service.
  • Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Finespun Games' copyrights in and to the Service. Finespun Games reserves the right to terminate your access to the service without notice if you violate these Terms.
  • You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

2. Ownership of Intellectual Property

  • Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Finespun Games and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Indian copyright laws and/or similar laws of other jurisdictions. Finespun Games, the Finespun Games logos, and all game names are trademarks of Finespun Games and may not be used without the express written permission of Finespun Games.
  • You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
  • You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Finespun Games.
  • All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Finespun Games in connection with the use of the Service shall be the exclusive property of Finespun Games. You agree that unless otherwise prohibited by law Finespun Games may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

3. In-Game currencies/goods

  • The Service may include a virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, or points, that may be purchased from Finespun Games for "real world" money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from Finespun Games for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from Finespun Games or any other party.
  • Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
  • Finespun Games has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Finespun Games shall have no liability to you or anyone for the exercise of such rights.
  • Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Finespun Games Service and possible legal action.
  • You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Finespun Games' sole and absolute discretion, or if Finespun Games discontinues providing the Service.

4. User Content

  • The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Finespun Games and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to Finespun Games will be treated as non-confidential and non-proprietary.
  • You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Finespun Games incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
  • You grant to Finespun Games the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
  • Finespun Games has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Finespun Games does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
  • Finespun Games has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Finespun Games may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Finespun Games reserves the right to treat User Content as content stored at the direction of users for which Finespun Games will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Finespun Games' attention.
  • You acknowledge that you do not rely on Finespun Games to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

5. Posting on Other Web Sites

You are granted a limited revocable license to post an image of your personal avatar and/or screen shot from your account, of your game for example, within the Service and any other materials that Finespun Games specifically gives you notice you may post on external web sites. Your use of any Finespun Games logos on external web sites may be subject to Finespun Games' logo and trademark usage guidelines and if not otherwise stated therein, such use is prohibited.

6. Content Restrictions

You are solely responsible for the User Content that you post on the Service or transmit to other users. You will not post any content that you did not create or that you do not have permission to post. You will not post any content that violates or infringes another party's rights of publicity, privacy, copyright, trademark or any other intellectual property right.

You agree not to use the Service to: post content or initiate communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.

7. Code of Conduct

You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify Finespun Games immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

You agree not to use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service. You agree not to use automated scripts to collect information from or otherwise interact with the Service.

8. Termination

You may terminate your account at any time, for any reason, by following the instructions on the Service.

Finespun Games may terminate your account and your access to the Service (or, at Finespun Games' sole option, applicable portions of the Service) at any time, for any reason or no reason, with or without notice to you, and without liability to you or any third party. In the event of termination, your account will be disabled and you may not be granted access to the Service, your account or any files or other content contained in your account.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Finespun Games DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Finespun Games DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Finespun Games, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR SUPPLIERS (COLLECTIVELY, THE "Finespun Games PARTIES"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Finespun Games PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Finespun Games PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES WILL THE Finespun Games PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Finespun Games IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

11. Indemnification

You agree to defend, indemnify and hold harmless the Finespun Games Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

12. Governing Law/Waiver of Injunctive Relief

This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of India and the State of Andhra Pradesh governing contracts entered into and to be fully performed in Andhra Pradesh (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Andhra Pradesh, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Andhra Pradesh.

You acknowledge that the rights granted and obligations made hereunder to Finespun Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Finespun Games and which cannot be replaced by monetary damages alone so that Finespun Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and Finespun Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to HOUSE NUMBER 1/274/2/5 KASTURI BAI STREET, KADIRI, Andhra Pradesh, India - 515591, ATTENTION: LEGAL DEPARTMENT.

Restrictions. You and Finespun Games agree that any arbitration shall be limited to the Dispute between Finespun Games and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration. You and Finespun Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Finespun Games' intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

13. Waiver/Severability

The failure of Finespun Games to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Finespun Games' right to assert or rely upon any such provision or right in that or any other instance.

You and Finespun Games agree that if any portion of these Terms, except any portion of section 12(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective 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 provisions of the Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor Finespun Games will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the Andhra Pradesh, India, and you and Finespun Games agree to submit to the personal jurisdiction of that court.

14. Miscellaneous

Finespun Games operates and controls the Service from its offices in India. Finespun Games makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Finespun Games to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to India export controls. 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. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Finespun Games or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Finespun Games if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without Finespun Games' prior written consent. These Terms contain the entire understanding of you and Finespun Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Finespun Games. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Finespun Games' request, you will furnish Finespun Games any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Finespun Games by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

15. Statute of Limitations

You and Finespun Games both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

16. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by NerdNeuron Pvt. Ltd. located at Kadiri, Andhra Pradesh. If you notice that any user is violating these Terms of Use, please contact us at admin@finespungames.com.

Address:
NerdNeuron Pvt. Ltd.
HOUSE NUMBER 1/274/2/5 KASTURI BAI STREET
KADIRI, Andhra Pradesh, India - 515591