Effective Date: 24th April, 2018
The “Terms of Service” governs the relationship between you and 99Games (hereinafter "We" or "Us" or “Our”) regarding your usage of our games on mobile devices as well as the website https://99games.in. In this agreement, "99Games" means 99Games Online Private Limited located at 3-62B, 1st Floor, Robosoft Campus, 217, N.H. 66, Santhekatte, Udupi 576105. By using or accessing (a) the website located at https://99games.in (the “Site”) or (b) any 99Games game or application ((a) and (b) collectively, the "Service") you agree that you have read, understood, and accept to be bound by the Terms.
99Games reserves the right, in its sole discretion, to amend, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Your continued use of the service will constitute your acceptance of, and agreement to, such changes or modifications. If at any point you do not agree to any portion of the then-current version of our Terms of Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
99GAMES 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 99GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 99GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO 99GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO 99GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND 99GAMES EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH 99GAMES IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or other limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that 99Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of 99Games’ liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF 99GAMES.
You agree to indemnify, defend, and hold 99Games harmless for any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
You may terminate your account at any time and for any reason by sending an email to email@example.com. Violation of any aspect of the Terms of Service will lead to termination of your Account, with or without prior notification. 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 99games is under no obligation to compensate you for any such losses or results.