TERMS AND CONDITIONS
STUDIO SIRAH PRIVATE LIMITED is referred to as “Company” or “We” or “Us” and their connotations.
We provide mobile gaming applications (“Apps”), and operate a website (URL: https://www.studiosirah.com/) to receive game registrations, host online forums, competitions, discussions, in connection with our games (together referred to as “Platform”), operated by Us (“Services”).
These Terms shall apply fully to your use of this Platform. By using this Platform, you agree to accept all terms and conditions written in here. You must not use this Platform if you disagree with these Terms.
Minors or people below 18 years old are not allowed to use this Platform and any person below the age of 18 years availing the Services shall be deemed to have obtained parental consent to do so.
1. Terms of Services
1.1. By choosing to visit and/or avail any Services provided by the Platform, you agree to these Terms (as may be amended from time to time). By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Platform.
2. User Obligations
2.1. You must comply with the laws that apply to you in the location that you access Company’s Services from. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. You promise that all the information you provide to Company on accessing and/or using the Services is and shall remain true, accurate and complete at all times.
2.2. Certain areas of this Platform might be restricted from being accessed by you and we may further restrict access by you to any areas of this Platform, at any time, in our absolute discretion.
2.3. The User may not use any software or engage in a manner to exploit any programming errors that leads or could lead to obtaining paid content on the Platform or other unintended benefits for the User without having paid for it, In the event of unjustified acquisition of any paid content, Company may delete or deactivate such content or other benefits or may restrict the User’s access to the Platform, without incurring any liability whatsoever. For the purposes of clarification: The above shall not apply if any paid content can be acquired as a reward for certain Platform actions. The User may not use, buy with real currency, sell, trade, or attempt to use any paid content outside the Platform in any manner.
2.4. When using any communication functions within the Platform, the User must comply with all applicable laws and must not infringe the rights of any third parties. Notwithstanding anything, You are specifically restricted from all of the following:
Impersonate any person, business or entity, including an employee of Company, or communicating in any way that makes it appear that the communication originates from Company;
Publicly posting identifying information about yourself, Company employees, or other Users;
Harassing, stalking or threatening other Users or Company employees;
Removing, altering or concealing any copyright, trademark, patent or other proprietary rights of Company contained within the Platform. You shall not transmit any content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary rights of any kind under law;
Transmitting or communicating using language or through any content which we reasonably believe to be offensive to other Users, that is illegal/unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable under law;
Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, malware, bot keystroke logger, worm, or other computer programming routines that are intended to and/or could actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Company or any third party to protect or control access to the Platform or any part thereof;
Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings;
Participating in any action which we reasonably believe does or may defraud any other users, including by scamming or in a manner which violates applicable laws;
Accessing or attempting to access areas of the Platform that are not made available to the public;
Selecting an account or user name that is falsely indicative of an association with Company, contains personally identifying information, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on name choices, like user names. Platform may modify any name which Platform reasonably believes violates this provision, without notification to You, and may take further disciplinary measures, including account termination for repeated violations;
Playing on another user’s account or otherwise engaging in activity intended to “boost” a User’s status or rank;
Inducing or encouraging other Users to breach the User Obligations or these Terms; or
Using the Platform for any commercial purpose without our express written consent or after Company has requested the User to stop using the Platform.
publishing any Platform material in any social media platforms in a manner which is defamatory for the Company or is otherwise illegal;
selling, sublicensing and/or otherwise commercializing any Platform material in any manner;
using this Platform in any way that is or may be damaging to this Platform;
using this Platform contrary to applicable laws and regulations, or in any way may cause harm to the Platform, us or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Platform;
using this Platform to engage in any advertising or marketing.
2.5. Users shall be obligated to regularly back up all their data on the devices on which they use the Platform in a manner appropriate to the risk. The User Obligations posted on Platform are not meant to be exhaustive, and we reserve the right to modify them, as well as take appropriate disciplinary measures including temporary bans, account suspension or termination and deletion to protect the integrity and spirit of the Platform, regardless of whether a specific behavior is listed in the User Obligations as inappropriate.
3. User Registration
3.1. When User sign up for an account on the Platform, User will be required to complete the registration process by registering a username and password for use of the Platform. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will the Company be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password.
4. Usage Fees
4.1. Users may access and use our Services free of charge unless provided otherwise. However, the User may pay to purchase certain virtual features, and other services (collectively referred to as the "in-app features") while using our Services. The price for the in-app features shall appear in the currency applicable in the region where User is availing our Services from and/or shall be the currency available depending on the platform on which the User is availing our Services from.
4.2. Users may also obtain virtual currency, if any, in our Services (“Virtual Currency”). The Virtual Currency shall be used as a method to purchase in-game objects including without limitation character properties, story modes etc., which shall be solely introduced by the Company from time to time. The Users hereby acknowledges and agrees that any Virtual Currency or the in-game objects that are purchased by using such Virtual Currency by the User shall be removed, deleted, omitted from the Services, at any time, by the Company at its sole discretion without having any liability whatsoever. The User hereby further agrees that the Company is only giving the User a right to use the Virtual Currency to purchase the in-game objects within the limitations of the Services and there are no ownership rights that are being conveyed in any manner.
4.3. Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the available method for payment.
4.4. Payments for the in-app features shall be made and processed by the applicable app store from which the User is availing our Services and shall be subject to the applicable app store’ and the available payment method’ terms and conditions. You shall have the ability to choose from the available payment methods including debit card, credit card, UPI and shall be subjected to the payment method’ terms and conditions depending on your choice. In an event, where you provide your payment information, you hereby represent and warrant that you are the authorized user of the payment method and that all payment information provided is true, accurate complete and current.
4.5. While making payment through any of the payment methods available to you, the Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to (a) lack of authorisation for any transaction; or (b) any payment issues arising out of the transaction; or (c) decline of any transaction for any other reasons beyond our control. Additionally, all in-app features purchased by you while availing Services are non-refundable and in no event do you obtain any ownership rights to such in-app features, in-game objects, Virtual Currency purchased by you except for the limited right to use the in-app feature, in-game objects, Virtual Currency within the limits of our Services.
4.6. Company reserves the right to revise the fees for the in-app features available for purchase at any time at its sole and absolute discretion, without incurring any liability to any User or third-party. The Company may also stop certain in-app features, Virtual Currency and the in-game objects or modify at its sole discretion without notice and without incurring liability of any kind as a result of such action.
5. License to Use
5.1. We grant You a limited, non-exclusive, non-transferable, revocable license to use and enjoy the Platform for Your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these Terms. If we terminate your account or you stop using our Services, any license granted by us to you in the Platform ends immediately. Unless otherwise expressly authorized by us in a signed written contract, you may not sell, copy, exchange, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of Platform or any of Company’s intellectual property, including all proprietary rights to any third-party. Any rights not expressly granted to you herein are reserved by the Company.
5.2. You acknowledge that you are obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms in this Terms no ownership rights are being conveyed to the Users under these Terms.
5.3. We own and reserve all rights, title and interest in and to the Platform and Services, and all data and content posted, generated, provided or otherwise made available in or through the Platform, including, source code, titles, objects, artifacts, characters, character names, mascots, game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, in-game currency, audio-visual effects, character likenesses, methods of operation and gameplay (collectively, “Game Content”). You are prohibited from creating any work of authorship based on the Game Content except as expressly permitted by us.
5.4. You also agree that unless we grant you a license, in a written contract signed by us, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress or any other intellectual property under law. Any reproduction, redistribution, or modification of the Platform, or use of the Platform not in accordance with these Terms, is expressly prohibited and may result in initiating legal proceedings against you.
6. User Content
6.1. Our Services might allow for Users to upload, sent, transmit content on online forums, message board and during participating in online competitions, events hosted by us. While availing Services, You may also share certain content or communicate with other Users. You are responsible for any communications, user names, images, sounds, or other material and information that is created, uploaded, used or transmitted to the Platform by You (“User Content”).
You represent and warrant to the effect that the User Content shall not violate any third-party rights, including intellectual property and other proprietary rights under law. You hereby agree to indemnify the Company against any liability arising out of or in relation to Your Content.
6.2. By using our Services you acknowledge and agree that We have no responsibility to review any portion of the User Content for its accuracy or legality or to maintain the User Content without any loss. You agree that we might not be able to restore any portion of the User Content or provide you with a back-up.
6.3. Notwithstanding anything to the contrary, We reserve our right to remove or delete, without notice, any User Content and remove or suspend your ability to access, upload, submit, transmit, post or otherwise place User Content on or through Platform for any reason at our sole and absolute discretion without incurring any liability for any loss or claim arising as a result thereof.
7. Intellectual Property Rights
You hereby agree and acknowledge that the Company retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property or proprietary right) in relation to the Services, the underlying technology and any and all derivative works, modifications or improvements of any of the foregoing. Further, you acknowledge that our Services are offered as an online hosted and downloadable entertainment solution and you do not have a right to obtain a copy of it.
8. Third Party Links and Content
8.1. The Services may contain links to other internet sites or applications owned and operated by third parties. Users' use of each of those sites, applications is subject to the terms and conditions, if any, posted by such applicable third-party. We do not exercise control over any third party owned and operated internet sites or applications and We cannot be held responsible for any loss or claim arising from the content residing in any third-party internet site or application. The inclusion of a third-party content or links to third-party internet site is not an endorsement by Us of such third-party internet site.
8.2. Users' correspondence, indulgence in transactions/offers or related activities with third party’ internet sites or applications are solely between the User and the applicable third party. We do not guarantee or warrant towards the accuracy, integrity, quality, legality of the content and services provided by any third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that We will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to such applicable third-party.
9.1. The Platform and Services provided are on an “as is,” basis. The Company, its licensors, suppliers and affiliates make no representations or warranties of any kind (express, statutory or implied) as to the operation of the Platform, provision of Services or the information, content, materials, or products included on the Platform, or in association with the Services or any third-party websites or services. The Company will not be held responsible for any unethical, illegal acts performed by the Users and the action of each of the Users shall be their own responsibility solely.
9.2. The Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality of service and fitness for a particular purpose and non-infringement and shall not be responsible for any loss of data, loss of profits or any kind of misuse (statutory or otherwise) by any of its Users individually or during their interaction with each other.
9.3. Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
10. Limitation of liability
10.1. In no event shall the Company, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Platform, whether such liability is under contract, tort or otherwise. The Company, including its officers, directors and employees shall not be held liable for any direct, indirect, consequential, incidental or special liability arising out of or in any way related to your use of this Platform or Services.
10.2. You shall be held personally liable for any violation of a third-party rights by you. You agree to indemnify the Company for all damages or losses resulting from the culpable non-observance of the obligations of these Terms. Users hereby release the Company from all eligible claims that other Users or third parties may file or have against the Company due to a violation of their rights by any portion of the User Content or due to a violation of any of the terms and conditions mentioned herein. We shall not be held liable for any unethical, illegal acts performed by the User either individually or jointly on the advice of other User and the User shall be personally responsible for any and all such unlawful activities.
You hereby undertake and agree to indemnify to the fullest extent the Company and its officers, directors, employees and agents from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
12.1. Without limiting any other statutory rights that the Company may have, the Company may remove, restrict, cancel or suspend Your access to and/or use of the Service and any part of it, if the Company determines (in its sole discretion) that You have breached any of these Terms. If We exercise our discretion under these Terms to do so, any or all of the following can occur without prior notice or explanation to you: (a) Your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from the Company support team.
12.2. You may terminate Your use of the Platform and Services and/or terminate Your account at any time by choosing to uninstall or delete our Apps from your applicable device.
12.3. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
13. Right to Change Services
We reserve the right to change, remove, modify, or update a portion or all of our Services without prior notice of any sort. You hereby agree that any functionalities, in-app features, or anything related to our Services may be removed, changed, or updated without your consent and without Us incurring any liability of any kind.
14.1. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
15. Variation of Terms
15.1. The Company is permitted to revise these Terms at any time as it sees fit, and by using our Services you are expected to review these Terms on a regular basis.
16.1. The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
17. Entire Agreement
18. Governing Law & Jurisdiction
18.1. These Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.
19.1. Any feedback You provide with respect to the Platform shall be deemed to be non-confidential. The Platform shall be free to use such feedback without the need to pay any compensation to any User on an unrestricted basis solely for the purpose of marketing and promotion of our Services. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified. Under no circumstances shall the Company be held responsible in any manner for any feedback provided by the User on app stores or any social media platform even when such feedback is offensive, or harmful. The User shall be solely responsible for any claim arising out of any feedback that comprises of content, information that is illegal.
If you have any questions about these Terms, please contact us by email or postal mail on the following address:
Name: Prateek Shah
E-mail id: firstname.lastname@example.org
Address: WL-4, Sanjeeva Town Bungalows, Rajarhat New Town, Kolkata 700156