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The Terms and Conditions of Use Agreement (“Agreement”) is entered on today’s date (the “Effective Date”), by and between Poseben Technologies LLP, doing business as Gamalogic, with its principal place of business at 1st floor, CC 54, 2593-5, BOSE NAGAR, KADAVANTHRA, Kochi, Ernakulam, Kerala, 682020, India (“Gamalogic” or “Provider”), and you (“Customer”). Each party is individually referred to in this Agreement as a “Party” and collectively as the “Parties.”
IMPORTANT: POSEBEN TECHNOLOGIES LLP, IS ONLY WILLING TO LICENSE TO YOU THE RIGHT TO USE OF GAMALOGIC SERVICES UPON THE CONDITION THAT YOU, EITHER AS AN INDIVIDUAL OR A DULY AUTHORIZED REPRESENTATIVE FOR AN ENTITY (“YOU”/”YOUR”), ACCEPT ALL OF THE TERMS & CONDITIONS CONTAINED IN THIS AGREEMENT ( “AGREEMENT”).
PLEASE READ THE TERMS & CONDITIONS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL TERMS & CONDITIONS CAREFULLY. IF YOU TICK THE BOX CONFIRMING YOU HAVE VEIWED AND ACCEPT THESE TERMS & CONDITIONS, YOU AGREE TO USE GAMALOGIC SERVICES UNDER THE TERMS & CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE WITH ALL THE TERMS & CONDITIONS OF THIS AGREEMENT, YOU WILL BE UNABLE TO USE THE SERVICES.
1. Definition.
- “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control of Customer.
- “Agreement” means these terms and conditions of use.
- “Content” means the information, documents, spreadsheets, and products made available to Customer through the Gamalogic Service.
- “Customer Data” means any data, information, or material provided by Customer to the Gamalogic Service.
- “Gamalogic Service” means Provider’s online service accessed via the Site, including the Gamalogic API software, and the Content which Customer is being granted access to under this Agreement.
- “Intellectual Property Rights” means patent rights, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know how and trade secret rights, and all other intellectual property rights, derivatives thereof as well as other forms of protection of a similar nature.
- “Provider Technology” means all Provider proprietary technology made available to Customer in providing the Gamalogic Service.
- “Site” means www.gamalogic.com.
2. License Grant & Restrictions.
Subject to Customer’s material compliance with this Agreement and payment of all fees and charges related to use of the Gamalogic Service, Provider hereby grants Customer a revocable, non exclusive, and non transferable, worldwide right to use the Gamalogic Service, solely for its own internal business purposes and use. The license granted hereunder permits Customer to upload Customer Data to the Gamalogic Service and download files provided to Customer via the Gamalogic Service containing Customer Data. Customer retains all rights in any use of files downloaded via the Gamalogic Service which contain Customer Data. Customer agrees not to: (i) license, sublicense, sell, resell, transfer, assign, distribute, provide access to, or otherwise make the Gamalogic Service available to any third party; (ii) modify or make derivative works based upon the Gamalogic Service; or (iii) decompile, disassemble, or reverse engineer the Gamalogic Service, or permit or assist any third party to do so.
Customer will not: (i) knowingly use the Gamalogic Service or Provider’s Proprietary Technology to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (ii) knowingly send or store infringing, obscene, libelous or otherwise unlawful or tortious material to the Gamalogic Service; (iii) knowingly upload, or otherwise send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, or programs to or from the Gamalogic Service; (iv) interfere with or disrupt the integrity or performance of the Gamalogic Service; (v) attempt to gain unauthorized access to the Gamalogic Service or its systems or networks; or (vi) use the Gamalogic Service in violation of applicable law.
3. Customer Responsibilities.
Customer is responsible for all activity occurring under Customer’s account and will abide by all applicable laws, treaties and regulations in connection with its use of the Gamalogic Service. Customer accepts full responsibility for its use of the Gamalogic Service and any results obtained from such use, including but not limited to any actions taken with its Customer Data after use of the Gamalogic Service.
4. Customer Data.
Provider does not own any Customer Data. Customer Data is Customer’s proprietary and confidential information (“Confidential Information” as further defined below) and will not be accessed, used or disclosed by Provider except for the limited purpose of supporting Customer’s use of the Gamalogic Service. Customer has sole responsibility for the accuracy, legality, reliability, and intellectual property ownership in the Customer Data. Notwithstanding the foregoing, Customer shall have and retain sole ownership of any and all Customer Data. Furthermore, Provider shall maintain all data in accordance with its Privacy Policy.
5. Use of Identifying Information.
Customer consents to being identified by Provider as a customer on the Site and on any of Provider’s promotional material. Customer further consents to Provider’s use of its logo for such limited purposes.
6. Traffic Data Collected & Use of Cookie Consent.
Gamalogic may store information that Your computer provides to us in connection with Your use of the Site and/or Services, such as: 1) IP address; 2) domain servers; 3) type of computer or device accessing the Site; and 4) types of web browsers used to access the Site (collectively, “Traffic Data”). Traffic Data is anonymous information that does not personally identify You but is helpful for marketing purposes or for improving Your experience on the Site. Gamalogic may also store usage data such as the date and time the Site and Services are accessed, and what information and files have been downloaded. When You visit the Site or otherwise interact with the Services, Gamalogic may send one or more “cookies” to Your computer. Cookies are alphanumeric identifiers stored on Your computer through Your web browser and are used by most websites to personalise Your web experience. Some cookies may facilitate Site features for enhanced performance and functionality such as remembering preferences, analysing usage for Site optimisation, and providing custom content. Gamalogic may link the information it stores in cookies to any Personal Information You submit through the Site or Services.
7. Intellectual Property Ownership.
Provider owns all right, title and interest, including all related Intellectual Property Rights, in and to the Provider Technology, Content and the Gamalogic Service. Provider expressly reserves all right, title, and interest in and to the Provider Technology, Content and the Gamalogic Service, including, without limitation, any derivatives, improvements, enhancements or extensions conceived, reduced to practice or otherwise developed by Provider, together with any Intellectual Property Rights, or federal or state rights, pertaining thereto. Provider also expressly reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, its right to license the Provider Technology, Content, and Gamalogic Service. This Agreement is not a sale and does not convey any rights of ownership in the Gamalogic Service. Customer’s rights hereunder are strictly limited as set forth herein. Customer acquires no right, title, or interest therein other than the right to use the Gamalogic Service in accordance with this Agreement.
8. Confidentiality.
Customer acknowledges that the Provider Technology, Content and the Gamalogic Service contain valuable trade secrets and confidential information (“Confidential Information”) of Provider, including but not limited to, the architecture and functionality of such Provider Technology, Content and the Gamalogic Service; and the appearance, organisation, design, content, and flow of the Gamalogic Service. Customer agrees not to share, disclose or transfer, and not to permit a third party to share, disclose or transfer any of Provider’s Confidential Information. The Parties will use reasonable diligence and in no event less than the degree of care which the Parties will use in respect to their Confidential Information to prevent the unauthorised disclosure, reproduction or distribution of such Confidential Information to any other individual, corporation or entity. Such Confidential Information will exclude: (a) information that is already in the public domain; (b) information already known to the receiving party, as of the date of the disclosure, unless the receiving party agreed to keep such information in confidence at the time of its original receipt; (c) information hereafter obtained by the receiving party, from a source not otherwise under an obligation of confidentiality with the disclosing party; (d) information independently developed without any reference to Confidential Information; and (e) information that the receiving party is obligated to produce under order of a court of competent jurisdiction, provided that the receiving party promptly notifies the disclosing party of such an event so that the disclosing party may seek an appropriate protective order.