Friday, November 30, 2018

Adhya Panchal Terms Of Use

Adhya Panchal Terms Of Use


1. Introduction


Adhya Panchal game development organization is solely dedicated to giving the best service to our users while ensuring to guarantee their integrity and security.


The terms of this agreement regulate the relationship between you and Adhya Panchal regarding your use of Adhya Panchal's games, website and the service provided on or through the Websites and/or accessible through various desktop and mobile web browsers, locally installed mobile web applications including but not limited to Games, third-party platforms, including social networking sites, and various API services and other services that we may offer from time to time, including without being limited to social, online and/or other games and applications, community forums and blogs.


The right to use Adhya Panchal service is subject to your compliance with all the terms and conditions illustrated below:


Use of this services is also governed by Adhya Panchal's Privacy Policy, which is also available at our website and described these Terms Of Use.


You may also need to register an account before accessing or using our services,


By installing, using or accessing our service, you agree to these terms of use and the privacy policy. If you do not agree to these terms of use or to the privacy policy then please do not install, use or access our service.


By registering an account or otherwise using any Adhya Panchal's service, You attest to be 13 years old or older and confirm that you understand and agree to these terms of use. If You are between 13 and 17 years old, you attest that your legal guardian has reviewed and agreed to these Terms.


Adhya Panchal reserves the right, at its sole discretion, to change, modify, add or remove parts or sections of these Terms of Use and the related Privacy Policy at any time, by posting the revised terms on the Usage. You will be considered to have accepted such changes by continuing to use the services. If at any point, You do not agree to any part of the then-current version of our Terms of Use OR the Privacy Policy, or any other Adhya Panchal policy, rules or codes of conduct, You may not install, access and/or use the services and You are requested to promptly stop using them and to erase/delete any Application, and any part thereof, from your device.



2. Conditions Of License To Users


2.1 General Conditions


Upon your agreement and continuing compliance with these Terms of Use, the Privacy Policy, and the Supplemental Policies, Adhya Panchal grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to install, access and use the services for your own non-commercial entertainment purposes. You hereby agree not to use the services for any other purpose.


The licenses provided by Adhya Panchal to the users of the services are subject to the following restrictions:


* You shall not access the services if You are under the age of 13. You shall restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the service by minors.


* You are responsible for any use of your credit card or other payment instruments by minors;


* You shall not sell, rent, share or give away your account, nor create an account using a false identity or information or on behalf of someone other than yourself;


* You shall not use the services if you have been previously banned from playing or using any Adhya Panchal Application; and


* You shall not use the services to advertise or transmit any commercial advertisements to anyone, include chain letters, junk or spam e-mail or repetitive messages.


2.2 Account Creation


When creating your account, You will be required to elect a username and a password, which You will have to enter whenever you desire to access such an account. You shall not disclose your login information nor let anyone else access your account or do anything else that might risk the security or integrity of your account. If you have any reason to suspect or become aware of any breach in the security of your account, including but not limited to any loss, theft, or unauthorized disclosure of the login information, you must immediately notify Adhya Panchal and change your login information.


You are solely responsible for maintaining the confidentiality and integrity of the login information and you will be responsible if it is used or accessed by others, including but not limited to purposes of in-application purchases, whether or not authorized by you. In other words, you are responsible for anything that happens through your Account.


Adhya Panchal reserves the right to delete or reclaim any username at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s privacy rights.


Do note that the services support only one account per game on a supported device.


2.3 License Restriction


Any use of the services that are not in accordance with the restrictions and rules provided by this Terms Of Use is strictly prohibited. We reserve the right to immediately deny or revoke your license to the services if you violate any of the terms described herein and we may also hold you liable for any violations of the law.


In order to have access to the services You may not, under any circumstances:


* Engage in any act that Adhya Panchal considers to be in conflict with the spirit or intent of the services, or make improper use of Adhya Panchal support services;



* Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the services, or, without Adhya Panchal's express consent, modify or alter any portions or sections of the services;



* Interrupt, overburden, aid or assist in the interruption or overburdening of any device or server dedicated to assist or support the functioning of the services;



* Employ, assist, or become involved in any type of attack, including but not limited to virus distribution, denial-of-service attacks, or other attempts to interfere with the services or to disturb any other person’s use of the services;



* Attempt to gain unauthorized access to the services, to accounts registered to third parties or to the computers, servers, or networks connected to the services, by any means other than the user interface provided by Adhya Panchal, including but not limited to attempts or actions to circumvent or modify, or to encourage or assist third parties to circumvent or modify, any security feature, technology, device, or software that is part of the services;



* Post anything on the services that is somehow abusive, threatening, obscene, defamatory, racist, sexist, religiously intolerant, or otherwise offensive;



* Post any data on the services that contain nudity or excessive violence, or which contains a link to such kind of content;



* Harass, abuse, or harm, or advocate or incite harassment, abuse, or harm to another person or group, including Adhya Panchal's employees and customer service representatives;



* Transmit or post on the services any material or information that infringes any copyright, trademark, patent, trade secret, a right of privacy, a right of publicity, or any other right of any person or entity, especially through the impersonation of such person, including but not limited to a Adhya Panchal's employee;



* Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used for the provision of the services, or to obtain any data from the services using any method not expressly permitted by Adhya Panchal;



* Transgress, disobey or fail to comply with any applicable international or domestic legislation;



* Solicit, collect, steal, extort or attempt to solicit, collect, steal or extort any personal information from other users or to post anyone’s private information on the services, including personally identifiable information, identification documents, and financial data.



Adhya Panchal reserves the right to indicate what conducts it deems to be in contradiction to these terms of use OR to the intent of the services themselves. Adhya Panchal reserves the right to take action as a result, which may include without being limited to deleting your account and prohibiting you from using the services.


    4. License Suspension and Termination



Without limitation to any other remedies or actions, Adhya Panchal reserves the right to restrict, modify, suspend, or delete accounts or to limit the access to the services or its portions thereof, with or without notice to you, if you are, or if Adhya Panchal suspects that you are, failing to comply with any of the Adhya Panchal's terms, or that you are taking part in any actual or suspected illegal or improper use of the services. Adhya Panchal may, at its sole discretion, reclaim or delete your username, display name, and avatar as a result of account termination or restriction, as well as revoke any benefits, privileges, earned items and purchased items associated with your use of the services, and Adhya Panchal has no obligation to compensate you for any loss or damage resulting from such restrictions or revocations.


Without limitation to any other remedies or actions, Adhya Panchal reserves the right to limit, suspend or terminate the accounts and services or portions thereof, with or without giving notice to you, prohibit access to our games and websites, delay or remove hosted content, and take technical and legal actions to prevent Users from accessing and using the services if We believe that they are violating any law, infringing any third parties’ intellectual property rights, or not acting in accordance with the intent of the Adhya Panchal Terms.


Adhya Panchal may also terminate any account that has been inactive for 150 days.


Adhya Panchal may, at any time and at its sole discretion, stop offering and/or supporting the services or any of its parts thereof, at which point your license to use the services or its ports thereof will be automatically terminated. Adhya Panchal shall not be liable for providing any refunds, payments or other compensation to You due to such termination of the services.


You may delete your account at any time and for any reason by properly informing Adhya Panchal that you wish to terminate your Account.



3. License Ownership



    1. Services



You have obtained a license to use the services and your rights are subject to these Terms Of Use, to the Privacy Policy and to the Supplemental Policies. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights related to all material or content supplied as part of the services shall remain at all times owned by Adhya Panchal or by their respective third party owners. You are permitted to use this material only as expressly authorized by Adhya Panchal or by the Licensors. You acknowledge and agree that the material and content within the services are made available for your personal non-commercial use only.


    2. Copyright & Trademarks



The Intellectual Property Rights related to the services and the materials on or accessible via them are owned by Adhya Panchal or its Licensors. The services and the materials on or accessible via them and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way.


The brand name “Adhya Panchal” and the Adhya Panchal logo are trademarks owned by Adhya Panchal, and they may not be used, copied or reproduced in any way without written consent from us.


All trademarks not owned by Adhya Panchal are the property of their respective third-party owners and are used with their permission. Nothing contained on the services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.


For the purposes described above, the Intellectual Property Rights include but are not limited to any patent, software, trademark, trade name, service mark, service name, design, design right, copyright, sequence and arrangement of items, database rights, moral rights, know-how, trade secret and other confidential information, rights related to any of these items in any country, unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right and registrations of and applications to register any of them.


    3. Virtual Items



Adhya Panchal owns, has licensed, or otherwise has rights to use all content featured or originated in the services. You agree that you have no right or title to any content featured or originated in the services, including but not limited to 'Virtual Currency', whether virtual cash, diamonds or other, and 'Virtual In-Game Items', whether earned in a game or purchased from Adhya Panchal, or any other components associated with an account or stored on the services.


All purchases and redemptions of Virtual Items made through the services are final and non-refundable.


You acknowledge and agree that Virtual Items have no cash value and that neither Adhya Panchal nor any other person or entity has any obligation to exchange your Virtual Items for anything of value, including but not limited to real currency or goods, and that, if your Account is terminated, suspended or otherwise modified or if your right to access the services is terminated, the virtual items attached to your Account shall have no value.



4. User Content



    1. General Terms



'User Content' means any communications, images, sounds, and all the material, data, and information that users upload or transmit through the services. By transmitting or submitting any user content while using the services, you affirm, represent and warrant that such transmission or submission is:


1. accurate and not confidential;

2. not in violation of any laws, contractual restrictions or third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the user content; and

3. free of viruses, adware, spyware, worms or other malicious code.


You acknowledge and agree that any of your personal information contained in your user content may at all times be processed and used by Adhya Panchal in accordance with our Privacy Policy.


Adhya Panchal may, at any time, at its sole discretion and without prior notice, review, analyze, edit, delete, disable access to or otherwise make unavailable any user content, regardless of its reasons in doing so.


2.  Content Screening


Adhya Panchal will not be held responsible for any submissions of user content and assumes no responsibility for monitoring the services in search of inappropriate content or material. Adhya Panchal is notable and does not possess the number of resources necessary to analyze all user content. Thus, Adhya Panchal does not pre-screen or monitor all such content. By using the services, You may be exposed to user content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with your use of the services and your access to any user content available in connection with them.


3.  Display of Information through the services

        1. User Ideas



Adhya Panchal does not accept or take into account any unsolicited ideas displayed by users, including ideas for new promotions, products, games, applications, technologies, processes or other ideas. You must not transmit to or through the services or Third Party Platforms any useful ideas that you consider to be confidential or proprietary. You agree that Adhya Panchal shall not be required to treat any user ideas as being confidential or proprietary. You are responsible and liable for any useful ideas you submit.


You agree that, by submitting user ideas to Adhya Panchal, including any concepts, know-how or technologies, You hereby grant Adhya Panchal a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the user ideas in connection with the services, and with Adhya Panchal's business, including but not limited to promoting and redistributing part or all of the user ideas in any media formats and through any media channels, whether now known or hereafter developed, without payment or accounting to you or others. Adhya Panchal is under no obligation to evaluate, review, use or remunerate any user idea.


        2. Responsibility For Your Own Content



You are solely responsible for the information that you, by any means, share through our services or in connection with the services, and as well as for the information you provide to third parties. Adhya Panchal reserves the right to reject, refuse to post or delete, at its sole discretion, for any or no reason, any user content made available through the services.


    4. Grant of License to Adhya Panchal



You hereby grant to Adhya Panchal an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your user content as well as all modified and derivative works thereof in connection with our provision of the services, including marketing and promotions of such services.


You hereby further grant to Adhya Panchal the unconditional, irrevocable right to use and exploit your name, username, display name, avatar and any other information or material included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in connection to your user content, regardless of whether your user content is amended or changed in any manner.


Adhya Panchal does not claim any ownership rights over your user content and nothing in these Terms Of Use is intended to restrict any rights that you may have to use and exploit your user content. You hereby acknowledge and agree that Adhya Panchal has no obligation to monitor or enforce your intellectual property rights in connection to your user content.


    5. User Interactions



You are solely responsible for your interactions with other users and any other parties with whom you interact through the services. Adhya Panchal reserves the right but has no obligation, to become involved in any way with these interactions and occasional related disputes. You will fully co-operate with Adhya Panchal to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting Adhya Panchal access to any password-protected sections of your account.


If you have a dispute with one or more users, you hereby release Adhya Panchal and any of its officers, directors, agents, subsidiaries, joint ventures and employees from any liabilities, and you can also waive all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.



5. Purchase Terms



    1. General Conditions of Purchases



In the services, you may purchase, with real currency, a limited, personal, non-assignable and revocable license to use virtual items and other goods or services. You may also obtain a license to use virtual items by redeeming third parties’ virtual currency, including but not limited to Facebook Credits. You recognize that you do not own or have any rights regarding the virtual items or merchandise that you might acquire.


Adhya Panchal reserves the right to manage, control, alter or delete virtual items and/or merchandise at any time, with or without notice, and without any liability towards you or any third party.


The display of virtual items for use in the services will begin immediately upon acceptance of your purchase by Adhya Panchal.


Any unauthorized transferring, trading, selling or exchanging of any virtual items or accounts with anyone, including other users, is strictly forbidden under these terms. All users who engage in such activities do so at their own risk and hereby agree to indemnify Adhya Panchal against any and all consequences, claims, and liabilities resulting from such actions.


You acknowledge that Adhya Panchal may suspend, terminate, discontinue, or reverse any unauthorized transaction, regardless of when such unauthorized transaction occurred.


You further agree that Adhya Panchal may, at its sole discretion, cancel any transaction that is not in its best interest or may debit your balance of virtual currency, which may drain your balance to a zero amount. Adhya Panchal may also, at its sole discretion, terminate, suspend, or modify your account if you engage or assist in any unauthorized transaction.


Verification of certain information applicable to a transaction involving virtual items may be required prior to Adhya Panchal's acceptance thereof. In addition, as a condition to receiving certain virtual items, or other awards for participating in promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain information about you in Adhya Panchal's marketing materials and other activities related to the services.


You warrant and agree that Adhya Panchal shall have no liability for the use or loss of such information, or of virtual items, due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other users' activity. Adhya Panchal may replace such lost virtual items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring in any obligation or liability.


Adhya Panchal or its designated agent may require you to provide your credit card number or any other billing information that may be deemed as necessary in order to purchase virtual items. You may also be presented with the option of participating in the third party offers to receive virtual currency.


Adhya Panchal is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions in the services, on or through Third Party Platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. Adhya Panchal expressly disclaims any liability for those payment transactions, including fraudulent use of your credit card, bank account or another type of payment account by third parties, and you agree that your sole avenue of recourse regarding problems with the payment transactions is through the respective third party processor and/or store.


You acknowledge and agree:


1. that any credit card transaction-related information will be treated by Adhya Panchal as described in our Privacy Policy and, as applicable, in the privacy policies of the respective third-party payment processor or stores;


2. that all credit card and other payment-related information that You provide to Adhya Panchal, its designated payment processor or store, or a third party providing offers, is accurate, current and complete;


3. that You will pay any and all charges incurred by you resulting from your purchase at the rate in effect when such charges are incurred; and


4. that You are responsible for any and all federal, state and local taxes and penalties, if any, relating to or arising from your purchase.


You further agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Adhya Panchal reserves the right to revise, at any time, the prices of all the goods and services offered through the services.


You acknowledge that Adhya Panchal is not required to provide any refunds, payments or other compensation if your account is terminated, whether such termination was voluntary or involuntary, or whether you made the payment through Adhya Panchal or any other designated agent, as previously described in term 3.3.


    2. Platform Provider Additional Terms



The Applications will be made available on the platforms provided by third parties.


The respective Platform Provider Terms of Use, Privacy Policy or any other policy, rules or codes of conduct relating to the use of the Platform, govern your use of the following Platforms:


a) iTunes Store, Mac App Store and App Store, all provided and maintained by Apple Inc.;


b) Google Play, provided and maintained by Google Inc.;


c) Windows Phone Store provided and maintained by Microsoft Corporation;


d) Samsung Galaxy Apps, provided and maintained by Samsung Electronics Co. Ltd.;


The specific provisions applicable to each platform provider are clearly detailed on their own platform provider terms. By downloading the application from a platform, you acknowledge that you have read, reviewed, understood and accepted the platform provider terms and that you agree to be bound by them and to comply with all the applicable laws and regulations regarding the use of the platform.


If you do not agree to the platform provider terms or do not wish to be bound by them, do not install or use the services. If any provision of these Terms Of Use conflicts with the platform provider terms, the former shall prevail.


The platform provider may reserve the right, at its discretion, to change, modify, add or remove portions of its platform provider terms at any time by posting the respective amendments on the platform. You will be deemed to have accepted such changes by continuing to use the platform and the services. If at any point You do not agree to any portion of the then-current version of the platform provider terms, you must immediately stop using the platform and the services.


These Terms Of Use represent the agreement between you and Adhya Panchal, and not with the platform provider, who is not deemed as a party to these Terms. However, you acknowledge that the platform provider and its subsidiaries are third-party beneficiaries of these Terms Of Use and thus have the right to enforce these Terms Of Use.


Adhya Panchal is solely responsible for the applications and any related content therein. You acknowledge that the platform provider has no obligation whatsoever to provide any maintenance and support services with respect to the application.


If you access the services from any other online market for software applications not expressly stated herein, You acknowledge that you have reviewed and accepted such market’s own Terms Of Use and privacy policies.



6. Services Updates



You understand that the services are subject to further developments, adjustments, and updates. You may be required to accept updates to the services you have installed in your device in order to continue using them. You acknowledge and agree that Adhya Panchal may, at its sole discretion, unilaterally update the services, with or without notifying You. Additionally, You may also need to update third party software from time to time in order to keep accessing and using the services.



7. Disclaimer Of Warranties



Further to the limitation of liability described under Section 8 below, the services are provided on an 'as is' and 'as available' basis for your use, without warranties of any kind, expressed or implied, including but not limited to the warranties of merchantability, completeness, reliability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Adhya Panchal does not warrant that You will always, at any time or location, be able to access or use the services, and neither warrant that the services will be provided uninterruptedly or error-freely, that eventual defects will be corrected, or that the services are free of viruses or other harmful components.



8. Limitations of Liability and Indemnification



Adhya Panchal shall not be held responsible for any indirect, incidental, consequential, special, punitive or other similar damages suffered by you or any other users, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses, arising out of or relating in any way to these Terms Of Use or the services themselves, whether based on contract, tort or any other legal theory, and whether or not Adhya Panchal has been advised of the possibility of such damages.


Notwithstanding the limitations above, Adhya Panchal liability is limited to the total amount you have paid to Adhya Panchal in accordance with these Terms Of Use during 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 Adhya Panchal during such time period, your sole and exclusive remedy for any dispute concerning Adhya Panchal or any of its affiliates or agents is to stop using the services and to cancel your account.


Some jurisdictions do not allow the exclusion of certain warranties or the 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 Adhya Panchal may not, as-as provided by law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Adhya Panchal's liability shall be the minimum permitted under such applicable law.


You agree to indemnify, defend and hold Adhya Panchal harmless from and against any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the services, or from any breach of these Terms Of Use by you, provided the infringement of rights is attributable to your intentional or negligent behavior.



9. Third-Party Offerings



The services may include links to other websites or services solely as a convenience to you, as further detailed in our Privacy Policy. The display of any linked Sites on the services does not imply the endorsement by Adhya Panchal of any content, information, material, products or services provided or posted by the third party through such linked sites.


You are responsible for reading and complying with the privacy statements and terms of use posted by third parties at any linked sites before using or accessing them. Note that Adhya Panchal does not have any control over the content and information posted or transmitted through linked sites and may not be held responsible if they are not functioning properly.


You hereby acknowledge and agree that the access and use of linked sites, including the information, material, products, and services provided by or available through them, is solely at your own risk, and you acknowledge and agree that Adhya Panchal is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked sites.


Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the services are solely between you and such advertiser and shall not construe any liability or responsibility whatsoever for Adhya Panchal.



10. General Provisions



    1. Assignability of the Terms



Adhya Panchal may assign or delegate, at its sole discretion and at any time, the Adhya Panchal terms, in whole or in part, to any person or entity. You may not assign or delegate any rights or obligations stipulated under the Adhya Panchal terms without Adhya Panchal's prior written consent, and any unauthorized assignment and delegation by you shall be deemed as ineffective.


    2. Supplemental Policies



Adhya Panchal may enact and publish supplemental policies at any time, as defined under Section 1 above, related to specific services such as forums, contests or loyalty programs. Your right to use such additional services is subject to those supplemental policies and to these Terms Of Use.


    3. Hierarchy of Agreements



These Terms Of Use contain the entire agreement between you and Adhya Panchal, and supersede all prior agreements and understandings of the parties relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.


    4. Severability



You and Adhya Panchal agree that if any portion of the Adhya Panchal terms is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.


    5. Waiver and Modification of the Terms



If Adhya Panchal fails to require or enforce the strict performance by you of any provision of the Adhya Panchal terms or fails to exercise any right under them, such failure shall not be considered as a waiver or relinquishment of Adhya Panchal's right to assert or rely upon any such provision or right in that or any other instance.


A waiver of any provision of the Adhya Panchal terms will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived.


Except as expressly and specifically set forth in these Terms Of Use, no representations, statements, consents, waivers, or other acts or omissions by Adhya Panchal shall be deemed a modification of these Terms Of Use nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Adhya Panchal.


    6. Legal Remedies



You acknowledge that the rights granted to Adhya Panchal and obligations are undertaken by you under these Terms Of Use are of a unique and irreplaceable nature, the loss of which shall irreparably harm Adhya Panchal, and that cannot be replaced by monetary damages alone, so that Adhya Panchal shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.


You irrevocably waive all rights to seek injunctive or other equitable relief, or to restrain the operation of the services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the services or any content or other material used or displayed through the services, and agree to limit your claims to claims for monetary damages, in accordance with the restricted scope of Section 8, if any.


                7. Force Majeure


Adhya Panchal shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, internet and telecommunication failures, acts of God or governmental action, acts by hackers or other malicious third parties, problems with the Internet, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, and fuel, energy, labor or other materials shortage.



11. Dispute Resolution and Governing Law


If a dispute arises between you and Adhya Panchal, We strongly encourage You to first contact us directly at contact adhyapanchalitune@gmail.com in order to seek a mutual agreement. You agree that all disputes between you and Adhya Panchal shall be governed by the laws of India, without regard to any conflict of law provisions. You agree that any claim or dispute you may have against Adhya Panchal must be resolved exclusively by a court located in the city of Ahmedabad, Gujarat, India.


Tuesday, May 22, 2018

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Privacy Policy

Adhya Panchal's Privacy Policy






  1. Introduction



Adhya Panchal is dedicated to protecting the privacy rights of our users.



This privacy policy governs the relationship between you and Adhya Panchal & describes the ways we collect, store, use, and manage your personal information (including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on social networking websites and other third party sites, user names, screen names and e-mail and mail addresses, Internet Protocol address) and your non-personal information (including but not limited to number of accesses, browser type and language, referring web site addresses, session activity and general geo-location information), collectively information, that you provide or we collect in connection with our services.



As detailed in Adhya Panchal’ terms of use, our services comprise games, websites including but not limited to adhyapanchalitune@gmail.com, and the Adhya Panchal services provided on or through the websites, locally installed mobile web applications including but not limited to games and various API services and other services that we may offer from time to time, including without being limited to social, online and/or other games and applications (including mobile applications), community forums, and blogs.



This Privacy Policy applies whenever you access, play or use the services. Your right to use the services is subject to your compliance with all of the terms and conditions set forth herein. Use of the services is also governed by our terms of use, which is available online at section 13 and is incorporated herein by reference.



Before accessing or using the services, including browsing the websites or accessing the applications, you must agree to this privacy policy and to the terms of use. You may also be required to register an account in the services.



By registering an account or otherwise using the services, you warrant that you are age 13 or older and that you understand and agree to this privacy policy. If you are between the 13 and 17 years old, you represent that your legal guardian has reviewed and agreed to this policy.



If you do not want Adhya Panchal to collect, store, use or share your information in the ways described in this privacy policy, you should not play our games or use our services.



By entering, connecting to, accessing or using the services, you agree to the terms and conditions set forth in this privacy policy, including to the possible collection and processing of your personal information, as described herein. If you or, as applicable, your legal guardian, disagree to any term or condition provided herein, you may not install, access and/or use the services and you are requested to promptly erase the applications, and any part thereof, from your mobile device.



If you are under the age of eighteen, you hereby represent that your legal guardian has reviewed and agreed to this privacy policy.



This Privacy Policy describes:



what information from the users is collected, how it is collected, and why;

how that information is used and with whom we share it;

how you can access and update that information;

your rights and choices about how we collect, use, and share your information;

how we protect the information about you.










  1. Collection And Use Of Information From Adhya Panchal






    1. Information About You That We Collect

When you use our services, we may collect both your Personal and Non-Personal information.



We use the information collected through our services for the purposes described in this policy or disclosed to you in connection with our services.



Adhya Panchal may allow third parties, including but not limited to ad networks, advertisers, analytics companies, payment processors and platform providers, collectively 'Partners', to collect your information for their own use.



The use of your information by Adhya Panchal and its partners is regulated under the terms of this privacy policy, as further described below.



The use of our services is strictly forbidden for children under the age of four 4 (“Children”). Note that we do not intend to and do not knowingly collect personal information from children and do not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that children are not using the services.



If we learn that we have collected personal information from children, we will delete that information as quickly as possible. Please contact us at adhyapanchalitune@gmail.com if you have any reason to believe that Adhya Panchal has collected personal information from children. Upon your notification, we will investigate it promptly and take our necessary measures to remedy that unintended personal information collection as quickly as possible.








  1. Information About You That We use



The information we collect is used by us to provide a better service experience, including but not limited to the following:



to operate, improve and optimize the services and the users experiences;

to provide technical support and respond to users inquiries;

to protect the safety and well-being of the users;

to prevent fraud or potentially illegal activities, and to enforce our terms of service;

to manage and deliver contextual and behavioral advertising;

to notify players of in-game updates, new products or promotional offers;

to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners;

to comply with our legal obligations, resolve any disputes we may have with you or other users, and to enforce our agreements with third parties; and

to conduct research.








    1. Information About You That We share



We may share your information with partners or allow them to collect your information from our services for the purposes described herein:



(1) We may share your information with our partners for their own marketing purposes subject to their separate privacy policies. If you no longer wish to allow us to share your information with partners, please contact us at adhyapanchalitune@gmail.com. If you no longer wish to receive communications from partners, please contact that partner directly.



(2) Adhya Panchal may engage partners to perform services on our behalf, like processing payments, analyzing data, optimizing game play, delivering e-mails, hosting services, and helping us in our marketing efforts, including managing and delivering contextual and tailored advertisements. Such partners may have access to your information in connection with the performance of these services.



(3) We may disclose your information as required by law, such as to comply with a subpoena, or when We believe that such release is appropriate to comply with the law, to investigate a fraud, respond to a government request, enforce or apply our rights, or protect the rights, property, or safety of us, our users or others. This includes exchanging information with other companies and organizations for fraud protection.



(4) Our website is a service from WordPress and they may use cookies and usage data to perform an analysis. We also use web services such as parse to store usernames and passwords. To check how WordPress and work and their privacy policies, see at section 13.



If you have any questions about how the partners use your information or for how long they keep it, please refer to their privacy policies at section 13.








  1. Collection And Use Of Information By Third Parties






    1. Ad Networks



Adhya Panchal publishes advertising on the services so that it can continue to offer many of the services for free. The Ad Networks may collect and use your information, such as:





performance data (like the number of clicks on an advertisement);



aggregated and/or de-identified information about you and other users collectively that is not intended to specifically identify you;



certain technical information (for example, IP addresses, MAC address, IMEI, non-persistent device identifiers such as IDFAs, and de-identified persistent device identifiers such as a hashed Android ID);



geo-location information; and



other contextual data about your gameplay (for example, your session activity).





The information collected may be used to:





measure how effective advertisements are, to offer you targeted advertising in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to You (a practice is known as behavioral advertising); and/or



undertake web analytics (like google analytics which is used to analyze traffic and other user activity to improve your experience).





Ad Networks may collect this information through the use of tracking technologies like browser cookies and web beacons, and they may use a single tracking technology or multiple tracking technologies at the same time. Those practices are subject to those Ad Networks own policies.



Please note that by clicking on an advertisement you may be redirected to a website that is not hosted by Adhya Panchal.



In addition, you may see our services advertised in other games, applications, websites, and places. After clicking on one of these advertisements and installing or accessing the services, you will become a user of our services. In order to verify the installation of the application, a persistent identifier (such as IP address, a unique device identifier or advertising identifier) may be shared with the third party who published our advertisement.



If you do not want to receive tailored in-application advertisements from Ad Networks, please see the provisions below.



Opting Out of the third party tailored advertising



You can opt out of tailored advertising and see your choices to prevent Ad Networks from delivering tailored web and mobile web advertising by visiting the following websites for each country: at section 13





United States advertising: Network Advertising Initiative Consumer Opt-Out Page or Digital Advertising Alliance Opt-Out Page



European advertising: your online choices UK website for EU-based advertising.



Adhya Panchal does not provide these opt-out tools, we do not control, operate or endorse them or the choices that Ad Networks and others provide through these tools.





Moreover, if you do not want to receive tailored in-application advertisements from Ad Networks, You may opt-out by adjusting the ad tracking settings on your device. You can also reset the advertising identifier (IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to the previous advertising identifier.



Please note that you may still receive advertisements from Ad Networks within Adhya Panchal’s services even if you opt-out of tailored advertising. However, these advertisements will not be based on your activity across unrelated websites or apps.



Also, depending on the type of device you have, in order to opt-out of tailored advertising, you will need to change settings on your device.



Opting out on iOS devices such as iPhones, iPads or iPods



If you have an apple device, you can opt out of tailored advertising by updating to iOS 6.0 or higher, and setting 'Limit Ad Tracking' to 'ON'. You can do this by going to your 'Settings' and clicking on 'Privacy', then 'Advertising', and then turning the 'Limit Ad Tracking' setting to 'ON'. Our system is designed to respect your choice and not use your information to provide tailored advertising when this setting is ON.



Opting Out on Android Devices



If you have an Android device and would like to opt out of tailored advertising, you can do so by entering your phone’s Android ID by going to your Settings, and under the accounts section click on 'Google' then click on 'Ads' and then click on the 'Opt out of interest-based ads'.








    1. Mobile Analytics



Adhya Panchal allows analytics providers to use and collect users’ personal and non personal information, such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, your Internet Protocol (IP) address, device type, operating system, the links and advertisements on our services that you clicked on, the amount of time you interact with the services, the events that occur within the services, performance data and other statistics.



We give this information to analytics providers for them to analyze in order to improve and enhance the services by expanding their features and functionalities and tailoring them to our users’ needs and preferences. We also use the persistent identifier to generate an aggregate non-identifying information about how our services are used. We do not link the information we store within the analytics software to any personal information you submit within the services.



If you do not want your information to be collected by analytics providers, you can install an opt-out in your web browser.



Please refer to our list of analytics providers and for more information on how to opt out at section 13.








  1. Social Media Features and Game Center Features



Our websites include social media features, such as the Facebook 'Like Button'. These social features may collect your IP address, which page you are visiting on the websites, and may set a cookie to enable the social feature to function properly. Social Features are hosted by a third party or hosted directly on the websites.



Your interactions with these social features are governed by the privacy policy of the respective company providing them. You can see their privacy policy here in section 13.



Our applications may enable using certain game center features and may include social features as well. The Game Center features and the Social features are operated or allow for social integration with certain third party social networks, e.g. Facebook Connect, or third-party platforms.



These Social Networks and Social Platforms are created and maintained by third parties who are not affiliated with and/or controlled by Adhya Panchal.



If you enable this integration with such social networks and social platforms, your use of the game center features and/or the social features is subject to the applicable social partners’ terms of use and privacy policies, for example:





Apple Game Center which terms are available at:

http://www.apple.com/legal/internet-services/itunes/gamecenter/us/terms.html;



Google Play Games which terms are available at:

https://play.google.com/store/apps/details?id=com.google.android.play.games;



Amazon GameCircle feature which terms are available at:

http://www.amazon.com/gp/help/customer/display.html?nodeId=201371550;

and



Microsoft (Windows Phone), which terms are available at:

section 13.





You should ensure that you have read the social terms in order to comprehend how they treat your information and to understand the methods for changing the privacy or sharing settings on the social networks and social platforms.



If you do not agree to the practices described in the social terms You should not allow the applications to interact with such social networks or social platforms, however, you may find that you are not able to enjoy all the features that may be made available by the applications.



You understand that where you allow interaction with any social network or social platform, we may share data about you with your contacts, and vice versa, so that you may enjoy game features and social features. This data may include, without limitation, your scores and/or progress in our applications, your name, your social media profile picture, descriptions of your service activity and any test that you may upload. Your contacts will also be able to send your requests through the related social network or social platform.



The use of social features or game features enables the sharing of information with your contacts or the public, depending on the settings you establish with the social partner that provides such features. You hereby understand and agree that when you share content via social networks or social platforms your content may become public and any person may re-post-it. Your interactions with these social features or game features are governed by the privacy policy of the company providing them.








    1. Cookies and Related Technologies



Adhya Panchal may allow Partners to place or recognize industry-wide technologies such as cookies, APIs, and SDKs and/or other tracking technologies. Such partners’ cookies are stored on your device by partners, rather than by Adhya Panchal.



Partners cookies usually store only non-personal information, such as the web pages you have visited, the duration of your browsing, etc. This privacy policy does not cover the use of tracking tools by partners. Adhya Panchal does not have access to or control over its partners. In order to understand the functioning of partners cookies or related technologies used in our services, please visit the links below: in section 13.



Opting Out Of Cookies And Related Technologies



It is easy to prohibit the partners' cookies. Most browsers will allow you to erase partners cookies from your device’s hard drive, block acceptance of cookies, or receive a warning before a partner cookie is stored. However, if you block or erase partners cookies, your online experience may be limited, because partners cookies are necessary to track and enhance your services activities. You can check partners cookies policy here at section 13.










  1. In-App Purchase



Although some of our applications are free, they may include in-app purchases.



All app purchases are made through our partners’ stores. Therefore, in order to make an app purchase, you will need to access your app store account, which may imply the entering of the app store password. You hereby agree and acknowledge that you are responsible for maintaining the security of your store password.



You should be aware that some stores may display a short window after the downloading of an Application, during which app purchases may be made without inserting your store password. You can either able or disable the activation of such window, by accessing the settings on your device. You should also take into account that OS 2.1 or older versions of android mobile phones do not require entering of the store password to carry out app purchases.



Regarding your privacy and in order to prevent accidental or unwanted purchases, you can create a specific password/pin to prevent it from happening at Apple, Google Play, Windows Phone and Amazon.



Please note that purchases of stores’ credits or currencies may also be subject to their own policies.










  1. Purchase Of Merchandise



Some of our services may contain links which will redirect the user to a third party website where they may purchase certain merchandise which is offered for sale or otherwise distributed by third party vendors.



The vendors are responsible for the merchandise and the merchandise operations. The vendors may collect personal information from users who wish to purchase merchandise, which is required in order to enable the purchase transaction.



Adhya Panchal will not collect, use or have any access to this personal information collected by vendors. Such personal information will be collected, maintained, shared, transferred and/or used in accordance with the applicable vendor’s privacy policy and terms of use.



When buying an item of merchandise, you are subject to and you agree to the applicable vendor's terms, and you are responsible for reading such vendor’s terms in full before purchasing any such items of merchandise in order to understand how the vendor treats your information. If you do not agree to the practices described in such vendor’s terms you should not acquire their merchandise.










  1. Local Notifications



With your consent, we may send local notifications in order to inform you about our products and services, to communicate you of applications updates and to reengage you in terms of using the application. Local notifications are local, contextual and sent in-app only and not from a server or in conjunction with other user information. By clicking on the 'Allow' button you accept local notifications, but you may disable these messages at any time by turning off the notifications from the 'Options' or 'Settings' page within the Application.










  1. Security Of Your Information



We implement appropriate security measures to protect the security of your information both online and offline. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.



Although we make good faith efforts to store the information collected on the services in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems.



Furthermore, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party 'hackers' from illegally obtaining access to this information.



We do not warrant or represent that your information will be protected against loss, misuse, or alteration by third parties. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. Adhya Panchal will not be liable for any harm or damage suffered by you due to any loss, misuse, or alteration of your information by third parties.










  1. Data Retention



We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us at adhyapanchalitune@gmail.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.



If you want to know for how long our partners keep your information, please refer to their privacy policies in section 13.










  1. Changes To Our Privacy Policy



Adhya Panchal reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting the amended terms on the services. You will be deemed to have accepted such changes by continuing to use the Services.



If at any point you do not agree to any portion of the then-current version of our Privacy Policy, the Terms of Use, or any other Adhya Panchal policy, rules or codes of conduct, your license to use the services shall immediately terminate, and you must immediately stop using the Services.





  1. Contact Us



If You have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to adhyapanchalitune@gmail.com.