Terms of Use



These Terms of Service (“Terms of Use”/” Terms”) governs your use of the ShemarooVerse application (the “Platform”), which is owned and operated by Shemaroo Entertainment Limited, which has its address is at Shemaroo House, Plot No.18, Marol Co-operative Industrial Estate, Off. Andheri-Kurla Road, Andheri (East), Mumbai 400059 (“Company”, “we”, “us”, or “our”). By accessing and using ShemarooVerse, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these terms, you must immediately cease your use of ShemarooVerse. 

 

  1. ACCEPTANCE OF THE TERMS

 

  1. By accessing, downloading, using, creating an account, registering or otherwise accessing the Platform, you acknowledge and accept these Terms. In addition to these Terms of Use, please do read our Privacy Policy 

 

  1. These Terms set forth a legally binding agreement between you and Company and govern your use of the Platform. To the extent permissible by law, these Terms limit Company’s liability to you and require you to indemnify us. Please note that these Terms do not affect your mandatory statutory rights under applicable laws, to the extent that such rights apply to you and cannot be limited or excluded. 

 

  1. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of the terms of this Agreement at any time without prior notice. Without prejudice to the foregoing, we will use reasonable means to notify you of any changes. If we modify this Agreement during the current term of your ShemarooVerse use, the new Terms will come into effect on any extension to or renewal of that term.

 

  1. Your access to and use of the Platform is subject to these Terms, the Privacy Policy and all other applicable laws in your area of jurisdiction.

 

  1. REGISTRATION

 

  1. In order to access any information or the Platform, you will be required to download and install the Platform on your mobile, laptops, computers and any such device that permits the downloading of the Platform.
  2. If you access, register an account, or otherwise use the Platform you represent you have attained the age of majority in your relevant jurisdiction and are of a sound mind.
  3. In order to access and use the Platform, you are required to provide login information namely name, mobile number and Email ID. You may also create your login account via the SNS account feature available from your G-mail account or Facebook account.
  4. You agree that you are responsible for keeping your password confidential and secure. You also agree that you are solely responsible and liable for any activities that occur under your User Account and for any harm caused to ShemarooVerse as a result of any activity under any of your User Accounts.
  5. You agree not to reveal your user account information to anyone. You are solely responsible for maintaining the confidentiality and security of your user account and passwords and for all activities that occur on or through your user account. You agree to immediately notify us of any security breach of your user account. The Company shall not be responsible for any loss including but not limited to data, game level, tokens, etc; arising out of the unauthorized use of your user account. 
  6. You agree we shall retain exclusive right, title and interest in and to all data that was made available by you either directly or indirectly ("Your Data"). You are solely responsible for the accuracy, quality and integrity of Your Data and for the means by which you acquired Your Data. You shall ensure, at all times that the data is not in violation or derogation of any law, including but not limited to laws of India.
  7. The Company shall have the right to examine the data, at any point of time, and remove/block the same if the same found to be derogatory, defamatory or violation of any applicable law. The decision of the Company shall be final.


  1. INTELLECTUAL PROPERTY

 

  1. Intellectual Property. The Company owns or has rights to the Platform, and certain materials, processes, and methods relating to the Platform,  including, but not limited to, the layout, information, databases, articles, posts, text, typefaces, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, designs, URLs, technology, software, interactive features, formatting, “look and feel” of the Platform, business processes, procedures, techniques, methods, algorithms, machine learning, coordination, selection, arrangement, and enhancement, including all copyrights, patents, trademarks, service marks, trade names, trade secrets, and all other intellectual property rights therein (together the “Shemaroo IP”). All rights, title, and interest in and to the Shemaroo IP that Company makes available via the Platform are the property of Company, or our licensors or certain other parties, and are protected by Indian Copyright Act, 1957, Trade Marks Act, 1999, the Patents Act, 1970 and any national or international copyright, trademark, trade dress, and/or other intellectual property rights and laws to the fullest extent possible. 

 

  1. Limited License. Subject to your strict compliance with these Terms, Company grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Platform on a personal device your personal, non-commercial use only. No license is granted to Shemaroo IP except as reasonably necessary for the foregoing limited license to the Platform. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any of the Shemaroo IP. Your unauthorized use of the Shemaroo IP may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

 

  1. Trade Marks. The Company Trade Marks, service marks, and logos (the “Company Trade Marks”) used and displayed on the Platform are Company’s registered and unregistered trade marks or service marks. Other product and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trade Marks,” and, collectively with the Company Trade Marks, the “Trade Marks”). Except as otherwise permitted by law, you may not use the Trade Marks to disparage Company or the applicable third-party, Company’s or a third- party’s products or services (including, without limitation, the Platform), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the trade Marks. You may not use any Trade Marks as part of a link to or from the Platform without Company’s prior express written consent. All goodwill generated from the use of any Trade Mark will inure solely to the benefit of Company or the applicable third-party owner thereof.

 

  1. Reservation of Rights. All rights not expressly granted to you are reserved by Company and its licensors and other parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Platform for any purpose is prohibited.

 

  1. TERMS OF ACCESS AND USAGE OF PLATFORM

By accepting these Terms, you understand and accept that:

 

  1. the Company grants to you a non-exclusive limited license to use the Platform for personal, non-commercial purposes as set forth in these Terms.
  2. by registering an account on the Platform, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your account.
  3. you may create only one (1) unique registered account and that you shall be the sole and only authorized user of your account
  4. The access to the Platform is without any charges and no gratification or prize is being offered by the Company for your participation in any activities on the Platform. However, you understand that certain features available on the Platform such as purchase and sale of NFTs, fee to access any content etc. may be subject to payment of a fee.
  5. the Company shall have the right to temporarily or permanently suspend access to the whole or any part of the Platform for any reason whatsoever at its sole and absolute discretion. The Company shall be under no liability in the event of non-availability of the Platform or any feature or part thereof for any reason whatsoever.
  6. the Company may disable your account, suspend or terminate your use of, or access to, the Platform (either in whole or in part)
  7. the Company may report any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities.
  8. The Company shall not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Platform or due to use of the Platform or any part thereof, including any injury or damage to you or any other person(s)’ computer/device related to or resulting from interaction with the Platform.
  9. You waive your right to any claim based on the detrimental effects or results of any reliance placed by the you on any information or data made available on the Platform. Any content, information or data made available on the Platform may not be current or up to date for any purpose.
  10. The Platform may contain the links or pointers to other websites, but you should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites. When you click on a link within the Platform, the Company may not warn you that you have left the Platform and are subject to the terms and conditions (including privacy policies ) of another website. Please be careful to read the terms of use and  privacy policy  of any other website before you provide any confidential information or engage in any transactions. You should not rely on this Terms to govern your use of another website. The Company is not responsible for the content or practices of any other website even if it links to the Platform even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Platform.

 

  1. RESTRICTIONS ON USAGE

  1. You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content on the Platform or any digital rights management mechanism, device, or other content protection or access control measure associated with the content on the Platform including geo-filtering mechanisms.
  2. You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content or create any derivative work and/or material based on the content on the Platform. 
  3. You shall ensure that your username, comments, and any other interaction of on the Platform: (i) does not use materials that belongs to another person and in which the you  do not have any rights; (ii) is not blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) is not grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) does not harm minors in any way; (v) does not infringe any patent, trademark, copyright or other proprietary rights; (vi) does not violate any law for the time being in force; (vii) does not deceive or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) does not impersonate another person; (ix) does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (x) does not threatens the unity, integrity, defense, security or sovereignty of any nation, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any nation; and (xi) does not contain any confidential information or any personal information.
  4. At all times you shall be solely responsible for any non-compliance with or breach of any applicable laws and regulations in connection with your access and use of the Platform. It is clarified for the avoidance of doubt that the Company shall not be responsible in any manner whatsoever for the above and shall have no liability whatsoever (whether in law or equity or otherwise) in respect of the above.

 

  1. DISCLAIMER OF WARRANTIES

 

  1. You agree to use and access the Platform at your own risk. The Platform and all parts thereof are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied.
  1. The Company makes no warranties or representations about the accuracy or completeness of the content and data available on the Platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies in the content including these Terms, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Platform, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use and access of the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  2. Without limiting the foregoing, the Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Platform will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
  3. Company is empowered to take a decision on any case with respect to the Platform not covered by the present Terms.

 

  1. LIMITATION OF LIABILITY

 

  1. In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Platform or any part thereof or for any other claim related in any way to your use of the Platform, including, but not limited to, any errors or omissions in any content or material, or any loss or damage of any kind incurred as a result of the use of the Platform or any part thereof, even if advised of their possibility. 
  1. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the Company’s liability shall be limited to the extent permitted by law.
  2. The Company disclaims any and all responsibility for any disclosure of information or any other practices of any third party. The Company expressly disclaims any warranty with respect to your personal or other information that may be collected, processed, shared or retained by any third party.

  1.  INDEMNITY

  1. You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws. 
  2. In the event of any claim, you shall promptly adjust, settle, defend or otherwise dispose of such claim at your sole cost. If you are not diligently and continuously pursuing this matter, the Company may take such action on your behalf and/or as your attorney, to adjust, settle, defend or otherwise dispose of such claim, in which case you shall, reimburse the Company for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.
  3. This indemnification obligation will survive the expiry or termination of these Terms and your use of the Platform.

 

  1. FORCE MAJEURE

The Company shall be under no liability whatsoever in the event of non-availability of any portion of the Platform or subscribed Content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of the Company.


  1. GOVERNING LAW

 

These Terms and the Platform shall be governed by and construed in accordance with the laws of India, and you submit irrevocably to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India only.


  1. SEVERABILITY

If any court or other competent authority holds any provision (or any part of such provision) of these Terms to be void or unenforceable, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid. 


  1. INFORMATION AND PRESS RELEASES

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.


  1. LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.


  1.  SUPPORT

In case of any questions, complaints or claims with respect to the Platform, please direct your correspondence to the address as given below:

 

SHEMAROO ENTERTAINMENT LIMITED

The contact information – shemarooverse@gmail.com