Legal

TERMS OF SERVICE

Revised: July 14, 2020

TERMS & CONDITIONS

This document constitutes an agreement (the "Agreement") between you and the Indian company Flaanaa Games LLP, subsidiaries, and affiliates, (the "Flaanaa," "Company," "we," "us," and "our") that governs the relationship between you and the Company with respect to your use of the Online Services. The Company provides access to the Online Services and any related services subject to your compliance with this Agreement. Thus, it is important that you carefully read and understand this Agreement.

The terms and conditions herein are in addition to and supplement the End User License Agreement at EULA section stated below that governs the use of all software and services distributed by the Company. Please review the End User License Agreement carefully.

DESCRIPTION OF ONLINE SERVICES

Subject to full compliance with this Agreement, the Company may offer to provide certain products, services, and websites accessed through internet-capable hardware platforms including gaming consoles, personal computers, mobile computers, or mobile devices, or in-game applications or software platforms including third-party hosts (collectively the "Online Services"). Online Services shall include, but not be limited to, any service or content the Company provides to you, including any materials displayed or performed. The Company may change, suspend or discontinue the Online Services, including the availability of any feature or content, on thirty days’ notice, or immediately for any reason beyond the Company’s reasonable control, or if you breach any term of an agreement or policy governing the Software, including this Agreement, Licensor's Privacy Policy and/or Licensor's Terms of Service. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice.

TRADEMARK AND COPYRIGHT INFORMATION

All Online Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Online Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Online Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

EULA

This EULA applies specifically to:

the registration and use of Your Account;
your downloading, installing and/or using any mobile and web applications we make available to you, including any connected software, networks or services and any Updates we may make available to you (as defined in the “Updates and changes to the Licensed Items” section below) (together, the “Software”); and
your access to services that are made available by us in relation to certain Software (the “Services”);
any Virtual Goods and Virtual Currency; and any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the “Content”)(the Software, Services, Virtual Goods, Virtual Currency and Content together being the “Licensed Items”).

By accessing or using any Licensed Items, you are agreeing to be bound by this EULA between you and Flaanaa games LLP, an Indian Company.
Games, Softwares and Shows published on the Google Play Store/Apple App Store/YouTube/Amazon/Facebook by Flaanaa or Saannni Games which acts as the publisher for them on behalf of Flaanaa Games LLP. All inquiries regarding those apps should be directed to Flaanaa Games LLP in accordance with this EULA.
You must only use the Licensed Items:

if you agree to this EULA;
if you can lawfully enter into this EULA with us in accordance with applicable laws and regulations; and
if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.

Our apps or films are rated on the stores. If you are an underage, you must not open an account and must not use any Licensed Items. Your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including any payments, fees and charges relating to the Licensed Items.

RETENTION AND BACK-UP OF YOUR DATA

We do not guarantee that we will be able to return any data, information, media or other content submitted, uploaded, transmitted or displayed by you using the Licensed Items back to you following suspension or termination of this EULA or after you cease using the Licensed Items. We may permanently delete such data, information, media or other content without notice to you at any time after termination. Please ensure that you regularly back up data, information, media and other content.

REVERSE ENGINEERING

Making or using any cheat or hack method on our apps will be consider as breach of this agreement. We do not appreciate that.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to the Licensed Items and our other services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in this EULA, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

VIRTUAL GOODS AND VIRTUAL CURRENCY

Some Software may include functionality which allows you to purchase and use virtual goods (for instance, additional characters or weapons within our games) ("Virtual Goods"). We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, revocable licence to use such Virtual Goods within the Software in accordance with any requirements set out in the Instructions and in this EULA. Unless otherwise specified in the Software, all Virtual Goods will be deemed to be an integral part of the Software and therefore be a Licensed Item.

Virtual Goods may be licensed to you upon payment by you of:
“real world money”, or by using separate activation codes as applicable from time to time; and/or
virtual currency purchased, earned or obtained through your use of the Software or from any platform we enable for this purpose from time to time ("Virtual Currency").

You acknowledge that you do not own the Virtual Goods and/or the Virtual Currency. They do not represent any credit balance of “real world money” or the equivalent, and cannot be redeemed for "real world money" or anything of monetary value. Virtual Goods and Virtual Currency are provided solely for your enjoyment of the Software. All sales of Virtual Goods and Virtual Currency by us to you are final.

You will not trade, sell, gift, transfer or lend Virtual Goods or Virtual Currency (a "Virtual Transaction"), except as permitted in accordance with the Instructions. Where the Instructions permit you to engage in Virtual Transactionsa ny transactions are between you and the other relevant parties. We have no responsibility for any Virtual Transactions, redemptions or refunds of Virtual Goods and/or Virtual Currency. We are not responsible for any claims brought against you in relation to your use of the Virtual Goods and/or Virtual Currency, relating to any Virtual Transactions you enter into or are alleged to have entered into.

We may require you to comply with specific policies applicable to the purchase and use of Virtual Goods and Virtual Currency and we may change these policies from time to time. All such policies will form part of this EULA. We may modify or eliminate Virtual Goods and/or Virtual Currency from some or all Software at any time, with or without notice. We will have no liability to you in the event that we exercise these rights. If we close Your Account, terminate your access to the Software, or terminate this EULA, you will forfeit all Virtual Currency and Virtual Goods, and we will have no liability to you for that forfeiture.

INSTALLATION AND USE

You must ensure that your device meets the requirements for installing and using the Licensed Items set out in the Instructions, including any requirements as to operating system and compatibility.
During installation, the Licensed Items may uninstall or disable other software running on your device. Depending on the Licensed Item, you may be required to activate the Licensed Item or certain functionality in it in the manner described in the applicable Instructions. If you do not comply with the installation instructions, you may not be able to use the Licensed Item or certain functionality may not be available to you.Your use of the Licensed Item may require an internet connection in order to authenticate the Licensed Item or perform other functions. In order for the functionality and/or performance expected of the Licensed Item to be achieved, you may be required to obtain and maintain an adequate internet connection.

You understand that if you change devices or data is erased or wiped from your device, Your Content, game progress data, your Virtual Currency and your Virtual Goods may only be accessible through the retrieval methods we make available to Your Account from time to time.

YOUR ACCOUNT

You may need to create an account with us in order to access and use some elements of the Software ("Your Account").

Your Account is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use Your Account. Your Account name, user ID and other identifiers you adopt within our services remains our property and we can disable, reclaim and reuse these once Your Account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding the details of Your Account, including any passwords used to access Your Account and our services, and (ii) all use of our services under Your Account. You must promptly notify us if you know or suspect that Your Account or its password have been compromised.

We will regard all use of Your Account as being by you, except where we have received and acknowledged your notification to us regarding Your Account and/or its password being compromised.

MONITORING AND PROHIBITED ACTIVITIES

We have no obligation to monitor Your Content and we are not responsible for monitoring the Service for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including chat text and voice communications) when you are using the Services.

You agree not to engage in any of the following prohibited activities on or in relation to our services, or allow any person to use Your Account with us to do the same:

impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using our services;
name squat via Your Account name in a way that infringes any third party’s intellectual property rights or other rights;
send any unsolicited, unauthorised spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;
use our services for any commercial purpose or for the benefit of any third party, except as expressly permitted by this EULA or otherwise by us from time to time, including any of the following activities:
making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
making postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
making postings (whether written by you or anyone else) in exchange for money or other benefits or compensation from any third party;
posting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not; or
making any other postings not in good faith;
submit, upload, transmit or display, through our services, any content (whether displayed publicly or not, and whether displayed directly or indirect to any other users) which in fact or in our reasonable opinion:
breaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by this EULA);
creates a risk of loss or damage to any person or property;
is fraudulent, false, misleading or deceptive;
harms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence;
is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
promotes or encourages self-harming;
infringes our rights or any third party’s rights, including any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
is pornographic, sexually explicit, violent or otherwise of an indecent or offensive nature; or
encourages or is likely to encourage any of the above;
violate any applicable laws or regulations, including credit card fraud or bank account fraud;
engage in any illegal or potentially illegal (as determined by us) activities or transactions, including sale of any illicit drugs or money laundering;
gamble, provide gambling information or entice others to engage in gambling through any method;
use or exploit any of our intellectual property rights (including our trademarks, brand name, logo, any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including attempting to reverse engineer any applications or software used to access our services);
access any of our services, collect or process any content made available through our services, send or redirect any communications through our services, in each case, through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing, including using any automated means to artificially promote any content;
engage in any “framing”, “mirroring,” or other techniques directed at simulating the appearance or function of our services;
interfere with, or attempt to interfere with, any user’s or any other party’s access to our services;
intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
share or publish any other person’s personally identifiable information using our services without their express consent;
probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our services, our systems or the systems of other users;
create multiple accounts for disruptive or abusive purposes; or
engage in any other activity that encourages any person or entity to breach this EULA.

If you have any questions about, or if you wish to send us any notices in relation to, this EULA, please contact us at info@flaanaa.com.

SUBMISSIONS

The Company welcomes input from the gaming community. You hereby grant the Company an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use any submissions you submit to the Company of any nature whatsoever, whether through a posting on a Company website, email to the Company, mail, or any other means and without any obligation to account, credit, or make any payment to you for any use thereof. No purported reservation of rights incorporated in or accompanying any submission shall have any force or effect.

CODE OF CONDUCT

The following rules, policies, and disclaimers shall govern and/or apply to your use of the Online Services.

You agree, by using the Online Services, that: (1) you will only use the Online Services for lawful purposes, in compliance with applicable laws, for your own personal, non-commercial use; (2) you will not use the Online Services in connection with an agreement with other individuals to wager any money or other thing of value; (3) you will not restrict or inhibit any other user from using or enjoying the Online Services (for example, by means of harassment, hacking, interfering, adversely affecting, or defacement); (4) you will not use the Online Services to create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, in violation of any law, or is inconsistent with community standards; (5) you will not post, upload, or create any copyrighted material using the Online Services unless you own the copyright in and to such material; (6) you will not post, upload, or transmit any information or software that modifies or alters the Online Services in any way or that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (7) you will not post, upload, create, or transmit materials in violation of another party’s copyright or other intellectual property rights; (8) you will not cheat or utilize any unauthorized robot, spider, or other program in connection with the Online Services; (9) you will not impersonate any other individual or entity in connection with your use of the Online Services, and (10) you will not provide assistance, guidance, or instruction to any other individual or entity regarding any of the above. All determinations will be made by the Company in its sole discretion.

When we provide Online Services involving user-created content ("UGC"), we do not review every piece of UGC, nor do we confirm the accuracy, validity, or originality of the UGC posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, the Online Services, or any website in the Company’s family of websites. If you feel that any posting is objectionable, we encourage you to use associated report functions or contact us. We will remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any content is a manual process and might not occur immediately or at all. The Company is not responsible for any content posted, or actions taken, by any other User that impacts you or your use of the Online Services. We reserve the right to remove (or not) any UGC or content for any (or no) reason whatsoever. You remain solely responsible for your UGC, and you will accordingly be responsible and liable to the Company and its agents with respect to any claim based upon the transmission of your UGC. Posting of advertisements, chain letters, pyramid schemes, solicitations, the same note more than once or “spamming,” and the like, are inappropriate and forbidden on the Online Services (including bulletin boards and chat rooms).

To the fullest extent allowed by applicable law, your use of the Online Services is at your own risk and the Company is not responsible for any loss, damage, or unsatisfactory performance related to the Online Services.

We reserve the right to reveal your identity (including whatever information we know about you) without notice to you in certain circumstances set forth in our Privacy Policy.

LIMITED LICENSE BY THE COMPANY

The Company grants you a limited, non-sublicensable license to access and use the Online Services. Such license is subject to this Agreement and, as applicable, the software EULA mentioned in this article and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Online Services for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Online Services, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Online Services; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Online Services other than for their intended purpose; (vi) you may not reproduce, prepare derivative works from, distribute, frame, “mirror,” or display the Online Services, except as provided herein; and (vii) you must not violate the Code of Conduct set forth above.

Except as expressly permitted above, any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You represent and warrant that your use of the Online Services will be consistent with this license, the EULA, and any other applicable agreements or policies, and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You will be responsible and liable to the Company in respect of any liability that the Company suffers arising out of your use of Online Services not in accordance with this Agreement. To request permission for uses of the Online Services not included in the foregoing license, you may write to the Company at info@flaanaa.com.

LICENSE TO THE COMPANY

By creating UGC, posting messages, uploading files, creating files, inputting data, or engaging in any form of communication with or through the Online Services, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Please consult the EULA mentioned in this article for additional license terms related to our software.

MAKING PURCHASES

If you wish to purchase products or services described in the Online Services, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Please review the Company’s privacy policy before submitting such information.

SERVICES & PRODUCTS

Certain mobile phone handsets and carriers offer services that enable consumers to select and purchase directly through their mobile devices various digital mobile products. The Online Services may also offer the ability to select and purchase various digital mobile products that will be delivered to your mobile device. These digital mobile products offerings and products may enable the consumer to customize their mobile device or mobile device service (for example with ringtones or wallpaper), or allow the consumer to select certain video or audio files that can be viewed or listened to whenever the consumer chooses. All or some of the digital mobile products offerings may not be available on, transmissible to, or compatible with all mobile devices. As a result, consumers may not be able to access, purchase or make use of all the services or offerings. Any attempt to purchase these products or services may result in mobile carrier charges being separately billed to your mobile device account for SMS messaging or other communications. In addition, the consumer may be separately billed by the mobile carrier for the actual product, service or offering selected. In the event the consumer has a call waiting and an incoming call is received while accessing or ordering any mobile product or service, such product, service or other offering may be interrupted or may not completely download. You can unsubscribe from any subscription service by following the instructions in the message or on the website related to the product. Please write us at info@flaanaa.com for support information regarding our products.

VIRTUAL CURRENCY AND VIRTUAL GOODS

The Online Services, including software, may offer the ability to purchase and/or earn via gameplay a limited license to use virtual currency and/or virtual goods exclusively within applicable software and services provided by the Company. Virtual currency and/or virtual goods may never be used in connection with an agreement with other individuals to wager any money or other thing of value. Such license is subject to and specifically conditioned upon your acceptance of, and compliance with, the EULA, this Agreement and any other applicable policies or agreements. All in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary. See the EULA mentioned above for more details.

WARRANTY DISCLAIMER

We warrants that the Software/Film was independently developed, and Flaanaa has the right to license and distribute the Software/Film to the LICENSEE as provided herein. We also warrants and represents that the Software/Film does not infringe the copyright, trade secret, or to the Flaanaa’s knowledge, any patent rights of a third party. We does not warrant that the functions contained in the Software/Film will meet LICENSEE’S requirements or operate in the combination that may be selected by the LICENSEE, that the operation of the Software/Film will be uninterrupted or error free. The agents, dealers, and employees of Flaanaa are not authorized to make any modifications to this warranty, or additional warranties binding on Flaanaa about or for this Software/Film.

VOID WHERE PROHIBITED
Although Company Online Services are accessible worldwide, not all products or services are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made is void where prohibited.

YOUR RESPONSIBILTY TO THE COMPANY

You are responsible and liable to the Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers in respect of all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter that you are responsible and liable for under this paragraph.

LITIGATION ISSUES

This Agreement is entered into in the State of Gujarat and shall be governed by, and construed in accordance with, the laws of the State of Gujarat, exclusive of its choice of law rules. The End User License Agreement mentioned above contains a binding individual arbitration and class action waiver provision that affects your rights with respect to any ‘Dispute’ between you and the Company, and requires you and the Company to resolve Disputes in binding, individual arbitration, and not in court. You have a right to opt out of the Binding Individual Arbitration section as explained in the EULA. Please read it carefully before installing or using any Company software or services. The Binding Individual Arbitration section shall not apply to the extent prohibited by the laws of your country of residence. For any disputes not subject to binding individual arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state and federal courts in Ahmedabad, Gujarat, and to waive any jurisdictional, venue, or inconvenient forum objections to such courts (but without affecting either party’s rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. For example, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident. The Company has the right to prosecute civil claims against you for any violation of its End User License Agreement, the Terms of Service, the Privacy Policy, or any other governing terms and conditions related to its software and services, whether for breach of contract, violation of common law rights, or violation of any applicable state or federal statute. Any violation by you of such governing terms shall constitute an affirmative defense (whether characterized as arising at law or in equity) against any claim you might assert against the Company in connection with the Online Services.

TERMINATION

The Company may terminate or suspend any and all Online Services and any registered account immediately, without prior notice or liability on thirty days’ notice, or immediately for any reason beyond the Company's reasonable control or if you breach any terms and conditions of an agreement or policy governing the Software, including this Agreement, the Privacy Policy and/or the End User License Agreement. Upon termination of your account, your right to use the Online Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Online Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

The Company may terminate any of the Online Services for any reason at all by giving a notice on the website page entitled "Legal Notices" or "Legal Information" (or similar title), or immediately without notice for any reason beyond the Company’s reasonable control.

MISCELLANEOUS

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement, along with the Privacy Policy and the EULA mentioned above, constitutes the entire agreement between you and the Company pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between you and the Company with respect to the subject matter of this Agreement are expressly canceled.

No failure or delay by the Company to enforce any rights or powers under this Agreement may be deemed a waiver of those or any other rights or powers of the Company.

The Company may modify the terms of this Agreement at any time in its sole discretion by posting a revised Agreement or, in the case of a material modification, by posting notice of such modification on the website page entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.