We, One Eyed Octopus Studios (OEOS), thank you for playing our games.
We publish games on the iOS, Android, Windows and Mac platforms or such other platforms as may be notified from time to time and are committed to follow best practices for our Website http://oeostudios.com/, mobile applications and other online products and services (collectively, the “Services”).
Last modified on 12th April, 2020
- SERVICES OFFERED
- OEOS grants you a non-exclusive, non-transferable, revocable limited license to use and access the Service, solely for your personal entertainment and 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 OEOS or its licensors, except for the permissions and rights expressly granted in these Terms.
- All the content made available on the Website and the Services offered herein shall remain the sole property of OEOS at all times.
- OEOS is not a broker, advisor, financial institution, insurer, creditor or charitable institution.
- All the Services shall be available at the sole discretion of OEOS and OEOS shall not be liable to You, in any manner whatsoever, for any loss of any kind, incurred by You due to non-availability of the Services.
- You shall not use the Services or any part thereof whether or not licensed herein for the following:
- Use the Services other than as expressly provided herein.
- Use or portray any Services in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene or illegal.
- Sell, Resell, distribute, redistribute, provide access to, share, transfer, license, translate, reproduce or deal with, in any manner whatsoever, any Services except as specifically provided thereto.
- Use any Services, in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- Use any Services as a trademark, service mark, logo, or other indication of origin, or as part thereof.
- Use in any manner, which is unlawful in nature and is against the prevalent laws.
- YOUR RIGHTS AND RESPONSIBILITIES
- You must be a person who can enter into a legally binding contract under the Indian Contract Act, 1872. OEOS reserves the right to terminate the membership and/ or refuse to provide the access of the Services to You, if it is brought to notice or if it is discovered that You are incompetent to enter into this Agreement.
- You may register Yourself for the Services by creating an account on the Website and filling-in necessary details. The Services also allows You to use Your Facebook profile/ Gmail as a log-in preference. Further, the Facebook/ Gmail have a standard log-in procedure, which must be followed by You; OEOS has no control over Facebook’s/ Gmail log-in procedure. Additionally, You shall provide accurate, complete, and updated registration information. You shall not use as a log-in name or any name or term that:
- is the name of another person, with the intent to impersonate that person;
- is subject to any rights of another person, without appropriate authorization; or
- is offensive, vulgar, or obscene;
- is in violation of any applicable law or contractual obligation.
- You shall be solely responsible for maintaining the confidentiality of the log-in name and password and further responsible for all activities that occur under the said login-in name. You shall never use another log-in account without the other account holder’s expressed permission. You will immediately notify OEOS in writing of any unauthorized use of Your account, or other known account-related security breach.
- You may amend the details provided, review the details provided and/ or deactivate the account. Further, OEOS reserves the right to delete/ suspend or ask You to make necessary changes, as the case may be in the account, without assigning any reasons, at any time whatsoever.
- You will be sent timely updates about the Services herein via SMS and/ or email and You hereby consent to the same. You have an option to opt out of this service by changing the settings of their account or requesting OEOS for doing the same.
- You may conduct an independent self-study of the Services before using the same, and OEOS shall not be held answerable or accountable for any deficiency/ deficit/ delay/ discrepancy, if any, with respect to the same.
- You acknowledge that, by using these Services You is not an agent/ advisor/ partner/ consultant/ employee/ associate/ broker/ sub-contractor/ representative of OEOS and/ or its Affiliates.
- You agree that the Services are provided on ‘as is, where is’ without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
- You agree that OEOS does not warrant that the Services available thereto will you’re your requirements or that such use will be uninterrupted or error free.
- You can invite a friend, acquaintance or any other person to use the Services by accessing the “Bring – A – Friend” feature which can enable You to earn virtual bonuses.
- RIGHTS OF OEOS
- OEOS shall have the right to:
- Make changes to its Services, at its sole discretion, at any time, without notice or liability.
- Decide who’s eligible to use the Services.
- Cancel accounts or decline to offer Services.
- Remove, add, delete or amend any Services at any time and for any reason.
- Use, in any manner whatsoever, the Your statements, submissions, logos, slogans, comments, likes, dislikes, for promoting/ marketing the Services.
- OEOS outlines an auto-renewable subscription for its Services 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.
- THIRD-PARTY SITES
- RULES AND CONDUCT
- As a condition of use, You shall not use the Services for any purpose that is prohibited by these Term of Use and/ or law. You shall not use the Services herein in a manner that:
- You know is false, misleading, or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another’s privacy, online community, such as sexually explicit content, or content that promotes obscenity, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of OEOS or any third party;
- Harasses or advocates harassment of another person;
- Interferes with another user’s use and enjoyment of the Services or any other individual’s user and enjoyment of similar services;
- Harms minors in any way;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Deciphers, decompiles, disassembles, reverse engineers, or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
- Violate any law, statute, ordinance or regulation or contract or Intellectual Rights of any person;
- You shall at all times ensure full compliance with the applicable provisions regarding use of Service.
- You may report any abuse on the Website, not being a cyber security incident; You may submit the same by mailing to firstname.lastname@example.org and submit the details of the abuse. Upon receiving such Information, OEOS will examine the abuse and ensure that suitable and necessary steps are taken to remedy it.
- INTELLECTUAL PROPERTY
- The website, IP, the processes, and their selection and arrangement, including but not limited to all idea, software, Information, text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code, look and feel and arrangement of Services, know-how, trade secrets, goodwill, source code, meta tags, databases, text, graphics, icons, and hyperlinks (collectively, the “IP”) belong to OEOS whether or not protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. By using the Services, it is expressly agreed that:
- You agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services.
- You agree not to use the IP without the prior consent of the owner of such IP.
- Except as expressly provided herein, You acknowledge and agree to not copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer, post, display, translate, transmit, reproduce or distribute any content/ Services through any medium without obtaining the necessary authorization from OEOS.
- OEOS reserves the right to make changes in the Services, at any time as it deems fit, with or without due notification to You. You agree to keep yourselves updated with all such changes.
- WARRANTY DISCLAIMER
- You acknowledge that OEOS has no duty to take any action regarding any of the following: which users gain access to the Services; what content the users access through the Services; what effects the content of the Services may have on users; how users may interpret or use the content; or what actions users may take as a result of having been exposed to the content. The Services may contain information that some people may find offensive or inappropriate. OEOS makes no representations concerning any content of Services.
- OEOS disclaims any representation and warranties for the security, reliability, timeliness, and performance of (i) its Services; (ii) third party products or services advertised on or received through any links provided on the Services; (iii) any information, content or advice received through the Services.
- The Services are provided on an ‘as is’, ‘as available’ and ‘with all faults’ basis with no representations or warranties whatsoever. All express, implied, and statutory representations and warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights, are expressly disclaimed to the fullest extent permitted by law.
- OEOS makes no warranty or representation that: (a) the Services provided by OEOS will be uninterrupted, timely, secure, problem-free, virus free or error-free; (b) the Services that may be obtained from OEOS will be reliable; (c) the quality of any Services available from OEOS will meet your expectations or requirements; or (d) any errors in the Services will be corrected. In addition, OEOS will not be responsible for any liability, loss, claim, expense or costs in relation to any unauthorized use of your debit or credit card or any misappropriation of payments due to use of any Services.
- LIMITATION OF LIABILTY
- In neither event shall OEOS nor its directors, employees, agents, partners, representatives, affiliates, etc., be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to:
- Any lost profits, capital loss, opportunity loss whether present or future, data loss or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, due to use of Services;
- Any bugs, viruses, trojan horses, or the like (regardless of the source of origination);
- use of or the inability to use the Services;
- OEOS shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond OEOS’s reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation or unforeseeable events in the future.
- Notwithstanding anything herein, You will not hold OEOS responsible for any unforeseen technical glitches such as but not limited to Services down for maintenance, server errors, speed of Services download, and any viruses in the Services, etc., which might affect transaction activity of the Services.
- Your obligation to indemnify OEOS as per this clause shall survive any termination or expiration of the T&C.
- UNSOLICITED IDEAS
- If, despite OEOS request that You not send us Your submissions, you still submit them, then regardless of what your letter says, you agree that: (1) your submissions and their contents will automatically become the property of OEOS, without any compensation to You; (2) OEOS may use or redistribute the submissions and their content for any purpose and in any way; (3) there is no obligation for OEOS to review the submission; and (4) there is no obligation to keep any submissions confidential.
- DISPUTE RESOLUTION
- The venue of arbitration shall be Pune, India, and the arbitration proceedings shall be conducted in English. The award of the arbitrator shall be final, conclusive and binding upon the Parties and non-appealable to the extent permitted by Applicable law. The Parties shall share the costs of the fees of the arbitrator as per the said Act, but shall independently bear the costs of their own legal counsel engaged for the purpose of the arbitration.
- GOVERNING LAW
- INTEGRATION, SEVERABILITY, WAIVER
- No agency, partnership, joint venture, franchiser, contractor, principal or employment relationship is created as a result of Your use of these Services.
- ELECTRONIC RECORD
This document is an electronic record in terms of Information Technology Act, 2000 and rules hereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- INTERNATIONAL USE
Although the Services may be accessible worldwide, OEOS makes no representation that Services are appropriate or available for use in locations outside India. Those who choose to use these Services from other locations outside India should do so at their own initiative and are responsible for compliance with local laws. Any offer for any service, and/or information made in connection with the Services is void, if such Service is prohibited by the local laws.
- GRIEVANCE OFFICER
Grievance Officer: Parikshit Karnik
Address: 9, 1st floor, Lokmanya CHS, Veer Savarkar marg, Thane West 400602