WELCOME TO ONE EYED OCTOPUS STUDIOS’ TERMS OF USE

WELCOME TO ONE EYED OCTOPUS STUDIOS’ TERMS OF USE

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”). 

Please read the following Terms of Use (“Terms of Use”) carefully because by using/ visiting our Services, You are accepting and consenting to the practices described in this Policy. 

This Terms of Use set forth is a legally binding Agreement with You for Services read with the changes made to the said Terms of Use, Privacy Policy, additional conditions/ policies available as a part of Services, agreed upon/ made binding from time to time.

Last modified on 12th April, 2020

 

  • SERVICES OFFERED

 

    1. 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. 
    2. 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.
    3. All the content made available on the Website and the Services offered herein shall remain the sole property of OEOS at all times.
    4. OEOS is not a broker, advisor, financial institution, insurer, creditor or charitable institution.
    5. 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.
    6. You shall not use the Services or any part thereof whether or not licensed herein for the following:
    1. Use the Services other than as expressly provided herein.
    2. Use or portray any Services in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene or illegal.
    3. 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. 
    4. 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.
    5. Use any Services as a trademark, service mark, logo, or other indication of origin, or as part thereof.
    6. Use in any manner, which is unlawful in nature and is against the prevalent laws.

 

  • YOUR RIGHTS AND RESPONSIBILITIES

 

    1. 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.
    2. 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:
  1. is the name of another person, with the intent to impersonate that person;
  2. is subject to any rights of another person, without appropriate authorization; or
  3. is offensive, vulgar, or obscene;
  4. is in violation of any applicable law or contractual obligation.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. Except as expressly set forth herein or in the Privacy Policy, You agree that OEOS grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be contained in the Services. 
    7. 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.
    8. 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.
    9. You shall ensure that features like chat and profile picture available while using the Services are not misused in any way. The use of these Services is governed by these Terms of Use for a safe and enjoyable playing experience.
    10. 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.
    11. You may terminate your account at any time and for any reason by sending an email to contactus@oeostudios.com. Violation of any aspect of the Terms of Use or privacy policy or any other policy of OEOS or suspected violation of Terms of Use or privacy policy or any other policy of OEOS will lead to termination of your Account, with or without prior notification by OEOS and such termination shall be decided b OEOS at its sole discretion which shall be binding on You. 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 OEOS is under no obligation to compensate you for any such losses or results.

 

  • RIGHTS OF OEOS

 

    1. OEOS shall have the right to:
  1. Make changes to its Services, at its sole discretion, at any time, without notice or liability.
  2. Decide who’s eligible to use the Services.
  3. Cancel accounts or decline to offer Services.
  4. Remove, add, delete or amend any Services at any time and for any reason.
  5. Use, in any manner whatsoever, the Your statements, submissions, logos, slogans, comments, likes, dislikes, for promoting/ marketing the Services.
      1. 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

 

Our Services may contain links to other websites and third-party advertising companies to serve ads. They may use Information about Your visits to our Services in order to provide advertisements about goods and services of interest to You. Please note that when You click on one of these links, You are entering another site. We encourage You to read the privacy statements of these linked websites as their privacy policy may differ from ours. We are not responsible for the privacy practices or the content of those linked websites.

 

  • RULES AND CONDUCT

 

    1. 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:
  1. You know is false, misleading, or inaccurate;
  2. 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;
  3. Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  4. 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; 
  5. Harasses or advocates harassment of another person;
  6. Interferes with another user’s use and enjoyment of the Services or any other individual’s user and enjoyment of similar services;
  7. Harms minors in any way;
  8. Violates any law for the time being in force;
  9. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  10. Impersonates another person;
  11. 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.
  12. 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;
  13. Violate any law, statute, ordinance or regulation or contract or Intellectual Rights of any person;
  14. You shall at all times ensure full compliance with the applicable provisions regarding use of Service. 
  15. You may report any abuse on the Website, not being a cyber security incident; You may submit the same by mailing to contactus@oeostudios.com  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

 

    1. 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: 
  1. Any unauthorized use of any Services violates such laws and these Terms of Use.
  2. You agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services.
  3. You agree not to use the IP without the prior consent of the owner of such IP.
  4. 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.
  5. 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

 

    1. 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. 
    2. 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.
    3. 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.
    4. 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

 

    1. 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:
  1. 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;
  2. Any bugs, viruses, trojan horses, or the like (regardless of the source of origination);
  3. use of or the inability to use the Services;
    1. 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. 
    2. OEOS 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 OEOS has been advised of the possibility of such damages. OEOS shall not be liable to you for more than the amount You have paid to OEOS in accordance with these Terms of Use in the six months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if You have not paid anything to OEOS during such time period, Your sole remedy for any dispute with OEOS is to stop using the Service and cancel your account. 

 

  • INDEMNIFICATION

 

    1. 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.
    2. You shall indemnify and hold harmless OEOS and its officers, directors, employees, and agents, from and against any and all direct/ indirect claims, demands, actions, costs, expenses, losses, liabilities and damages of every kind and nature (including reasonable attorney’s fees), made by any related/ unrelated third party and imposed upon or incurred by OEOS, directly or indirectly, due to or arising out of : (a) Your use of the Services; (b) Your violation of the Terms of Use herein or the policies which are referred to herein; and/ or (c) Your violation of any third-party rights, including but not limited to intellectual property rights and Your intentional or negligent behavior.
    3. Your obligation to indemnify OEOS as per this clause shall survive any termination or expiration of the T&C.
    4. OEOS shall not be liable for any damages, costs or losses arising as a result of modifications/ deletion/ addition or any changes made to the Services and/ or the Terms of Use herein read with other policies.

 

  • UNSOLICITED IDEAS

 

    1. OEOS or/ and its officers, directors, employees, and agents do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved games, products or technologies, product enhancements, processes, materials, marketing plans or new product/game names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to OEOS or any of its officers, directors, employees, and agents. The sole purpose of these Terms of Use is to avoid potential misunderstandings or disputes when OEOS’s Services or marketing strategies might seem similar to ideas submitted to OEOS.
    2. 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

 

    1. If any dispute, controversy or claim arises out of or in connection with these Terms of Use (a Dispute), the disputing parties shall use all reasonable endeavours to negotiate with a view to resolving the dispute amicably within a period of 30 (thirty) days, failing which the same shall be referred to and resolved by binding arbitration as per the provisions of the Arbitration and Conciliation Act, 1996 (‘Act’). The Parties shall be entitled to appoint sole arbitrator with mutual consent within a period of 30 (thirty) days from the date a dispute is raised, failing which the arbitrator will be appointed in accordance with the provisions of the Act.
    2. 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

 

The Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Pune.

 

  • INTEGRATION, SEVERABILITY, WAIVER

 

This Terms of Use, the Privacy Policy and other referenced material herein or on the Services, are the entire agreement between You and OEOS, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of OEOS to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

  • MISCELLANEOUS

 

    1. The Terms of Use are personal to You, and are not assignable, transferable, or sub-licensable except with OEOS’s prior written consent. OEOS may assign, transfer, or delegate any of its rights and obligations hereunder without consent. 
    2. No agency, partnership, joint venture, franchiser, contractor, principal or employment relationship is created as a result of Your use of these Services. 
    3. All notices under this Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

  • AMENDMENTS

 

OEOS reserves the right to modify this Terms of Use at any time and accordingly You will be bound by such modified Terms of Use. Any changes made here will be reflected on the Website/ Services. Your continual use of the Services shall be deemed as an acceptance to the amended Terms of Use.

 

  • 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

 

In accordance with Information Technology Act, 2000 and rules made thereunder, necessary details of the Grievance Officer who can be contacted with respect to any complaints, questions, comments or concerns with respect to this Terms of Use are provided below:

Grievance Officer: Parikshit Karnik

Address: 9, 1st floor, Lokmanya CHS, Veer Savarkar marg, Thane West 400602

Email: contactus@oeostudios.com 

We appreciate you taking the time to read this Terms of Use. We know that you are placing your trust in OEOS while using our Services and we intend to use it responsibly.