Terms and Conditions

29 Jan, 2020 Admin No Comments

The FruityGamers.com Web Site (the “Site”) is an online information service provided by FruityGamers (“FruityGamers.com “), subject to your compliance with the terms and conditions set forth below.

The Agreement – Last updated: February 09, 2020

These terms of use are a legal agreement between you (referred to hereinafter as “you”, “your,” or “user”) and FruityGamers, Inc., including its parent company and all of its subsidiaries and affiliated entities (referred to hereinafter as “FruityGamers.com”, “we,” “us”, or “our”). These terms of use set forth the Terms and Conditions under which you may use our site and any services (i.e. search) that may be offered at our site now or in the future (the “services”). References to “our site” include, where applicable, the services.

The following terms and conditions govern all use of the FruityGamers website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by FruityGamers (“FruityGamers.com”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FruityGamers Privacy Policy) and procedures that may be published from time to time on this Site by FruityGamers (collectively, the “Agreement”).

Note: FruityGamers.com is NOT associated or affiliated with Google, Google Play or Android in any way. Android is a trademark of Google Inc. All the apps & games are property and trademark of their respective developer or publisher and for HOME or PERSONAL use ONLY.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. FruityGamers.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. The Website is available only to individuals who are at least 13 years old.

  1. Copyright, Licenses, and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are FruityGamers.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to FruityGamers.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to FruityGamers.com by all means and in any media now known or hereafter developed. You also grant to FruityGamers.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against FruityGamers.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to FruityGamers.com.
  2. TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of FruityGamers.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
  3. Use of the Site. You understand that, except for information, products or services identified as being supplied by FruityGamers.com, FruityGamers.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for FruityGamers.com- identified information, products or services, all information, products, and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with FruityGamers.com a. You also understand that FruityGamers.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. FruityGamers.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND FruityGamers.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. FruityGamers.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. FruityGamers.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
  4. Responsibility of Website Visitors.FruityGamers has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, FruityGamers does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FruityGamers disclaims any responsibility for any harm resulting from the use by visitors of the Website, or any downloading by those visitors of content there posted.
  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FruityGamers links, and that link to FruityGamers. FruityGamers does not have any control over those non-FruityGamers websites and webpages and is not responsible for their contents or their use. By linking to a non-FruityGamers website or webpage, FruityGamers does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FruityGamers disclaims any responsibility for any harm resulting from your use of non-FruityGamers websites and webpages.
  6. Copyright Infringement and DMCA Policy. As FruityGamers asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FruityGamers violates your copyright, you are encouraged to notify FruityGamers in accordance with FruityGamers Digital Millennium Copyright Act (“DMCA”) Policy. FruityGamers will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FruityGamers will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FruityGamers or others. In the case of such termination, FruityGamers will have no obligation to provide a refund of any amounts previously paid to FruityGamers.
  7. Intellectual Property. This Agreement does not transfer from FruityGamers to you any FruityGamers or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FruityGamers. FruityGamers, FruityGamers, the FruityGamers logo, and all other trademarks, service marks, graphics and logos used in connection with FruityGamers, or the Website are trademarks or registered trademarks of FruityGamers or FruityGamers licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FruityGamers or third-party trademarks.
  8. FruityGamers reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FruityGamers may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  9. Disclaimer of Warranties. The Website is provided “as is”. FruityGamers and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FruityGamers nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your discretion and risk.
  10. Limitation of Liability. In no event will FruityGamers, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FruityGamers under this agreement during the twelve (12) month period prior to the cause of action. FruityGamers shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the FruityGamers Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify, defend and hold harmless FruityGamers.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
  13. Third-Party Rights. The provisions of paragraphs 3 (Use of the Service), and 12 (Indemnification) are for the benefit of FruityGamers.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its behalf.
  14. Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses, and Idea Submissions), 3 (Use of the Service), 12 (Indemnification), 13 (Third Party Rights) and 15 (Miscellaneous) shall survive any termination of this Agreement. FruityGamers may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FruityGamers account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by FruityGamers if you materially breach this Agreement and fail to cure such breach within thirty (30) days of FruityGamers notice to you thereof; provided that, FruityGamers can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between FruityGamers.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in India. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. FruityGamers.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. FruityGamers.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Questions or Comments

If you have any questions or comments regarding these terms of use, the practices of our site, or your dealings with our site, you may contact us at [email protected] or use our Contact Us page.

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