This document is an electronic contract between Gamellio media inc, a “Company” incorporated in Delware, USA (hereinafter referred to as “Gamellio”) and You, under the provisions of the Information Technology Act, 2000 (as amended from time to time) as well as relevant rules framed thereunder and other applicable USA laws and laws of relevant jurisdiction where Gamellio is being accessed from.
By using the Services, you agree to these terms, the policies in Gamellio’s Privacy Center, and any community guidelines and supplemental terms provided to you for the Services that you use (collectively, “Terms”). Please read the Terms carefully, as they form the entire agreement between you and Gamellio.
Authority. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and “you” means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.
Age. If you are under the Minimum Age (as defined for your region) you may not register for an account. You must be at least the Minimum Age to use the Services. Certain portions of the Services contain adult and/or mature content. Please do not access that content unless you are an adult (i.e., at least the age of majority in your country) or unless otherwise expressly indicated. Gamellio holds no liability for access of Gamellio’s platform or content by any individual who is underage or is not legally authorised or eligible to access Gamellio’s content.
Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
If we wish to bring the agreement to an end, we will do so by emailing you at the address you have registered stating that the agreement has been terminated. The agreement will terminate and your email address and password will become invalid on Gamellio immediately. In case you would cancel your registration to Gamellio updates or any other activities, just send us an online notification.
Use of material appearing on Gamellio
For the purposes of this agreement, “material” means material including, without limitation, text, video, graphics and sound material, published on Gamellio, whether copyright of Gamellio or a third party. You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on Gamellio. You must not reproduce any part of Gamellio website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. For any query, please contact us.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public without our consent;
(d) edit or otherwise modify any material on the website (other than editing your own directory submissions or any of our wiki pages using our website interface);
(e) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution with our written consent and according to our terms.
(g) infringe or violate our Intellectual Property Rights
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use data collected from our website or our directory to contact individuals or companies or other organisations (for any reason).
You must not use data collected from our website or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
Disclaimer of liability
To the extent permitted by law, we do not accept any responsibility for any statement in the material. You must not rely on any statement we have published on Gamellio without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law). You can access other sites via links from Gamellio. These sites are not under our control and we are not responsible in any way for any of their contents. We give no warranties of any kind concerning Entrack or the material. In particular, we do not warrant that Gamellio website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
All the content that Gamellio publishes on the website is well founded, researched and has been quoted from an authentic source. Our content is not our opinion and does not reflect out stand or thoughts of our team, Directors, associates, etc. Our content is merely a fact based work designed and created to reflect the developments and happenings in the Technology, Startup and Entrepreneurial world.
Co-branded sites and third party
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Any User clicking on any of these ads or third Party links on our website and moving to such third party website shall be beyond our scope the moment they exit our domain. No liability shall be upon us for any activities that such Third Party websites undertake or such User undertakes while on such third Party websites.
We accept third Party advertisements on our platform through banner ads, etc. In case you wish to Advertise on our platform, you need to connect with us for the same. We do not allow any advertisements which are violative of any laws in any jurisdiction, hurts sentiments of any individual or group in particular, is harmful to our reputation or defamatory, insulting, etc. to any other individual or entity. We accept no liability in respect of any material submitted by advertisers and published by us and we are not responsible for its content and accuracy. Our platform only allows advertisements for lawful, registered, ethical businesses duly functioning in a lawful and compliant manner.
Submitting text for publication on Gamellio
Users of our site may submit material for publication in various areas of the site. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy. Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication. You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including without limitation print and electronic format. Of course, you warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights. Interactions with our site are governed by our Guidelines which expand on the points above and are incorporated in these Terms of Service. You will be deemed to consent to these guidelines if you choose to post any content or comments to the site.
Usage, Charges & Termination
You may visit our website and avail our services – read the content published by us on our platform and consume our services.
You may be required to register as a subscriber for the services by completing the registration process (i.e. by providing us with current, complete and accurate information within registration form). You are entirely responsible for maintaining the confidentiality of your password and account.
It is the responsibility of the subscriber to read and understand the respective terms of services and/or privacy policies.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Gamellio’s server, or the network(s) connected to any Gamellio server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services through hacking, password mining or any other means.
Gamellio reserves its right to refuse service, restrict, suspend or terminate your account without any prior written notice, upon which, your right to use Gamellio’s Site will immediately cease. However, in case such termination happens without any cause by Gamellio, then proportionate refund of subscription fees shall be made based on the number of days wherein You were unable to use the Services already paid for.
User Conduct and Obligations
That you may publish or share content with Gamellio that Gamellio might publish on its platform. As a contributor to the content that Gamellio might publish for its Users, You agree to follow all applicable laws, rules and regulations when using the Site. You agree to not use any product or service available on the Site to:
(a) Upload, post, email, transmit or otherwise make available any content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.
(b) Upload, post, email, transmit or otherwise make available any viruses, trojan horses, time bombs, or any other harmful programs or elements.
(c) Harm minors in any way.
(d) Engage in antisocial, disruptive, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “griefing” as those terms are commonly understood and used on the Internet.
(e) Impersonate any person or entity, including, but not limited to, Gamellio’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
(g) Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks.
(h) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
(i) Upload, post, email, transmit or otherwise make available any content with the intention of committing or promoting an illegal act.
(j) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights (“Rights”) of any party.
(k) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, duplicative messages or any other form of solicitation.
(l) Transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages).
(m) Harvest information about Gamellio’s users for the purpose of sending or to facilitate the sending of unsolicited bulk communications. Gamellio reserves the right to immediately terminate your access or use of the Site, with or without any notice, and further take appropriate actions as deemed necessary (including but not limited to enforcing legal remedies), if You or anyone using Your access details to the Site violates the above stated terms.
User generated content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your submissions must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your submissions (and their publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in a explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your submissions must be appropriate, civil, tasteful and in accordance with generally accepted standards of etiquette and behaviour on the internet.
You must not submit to our website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published on our website.
Intellectual Property Rights (IPR’s)
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), Gamellio trademarks and logos appearing on this site are the property of Gamellio, its parent, affiliates and associates and are protected under applicable USA laws. You agree not to use any framing techniques to enclose any copyright content, trademark or logo or other proprietary information of Gamellio. Any infringement in this regard shall be pursued in such form and manner as deemed fit by Gamellio.
Gamellio grants you permission to only access and make personal use of the Site and You agree not to download or modify/ alter/ change/ amend/ vary/ transform/ revise Gamellio’s Site, or any portion of it, except with the express consent of Gamellio.
Gamellio forbids you from any attempts to resell or put to commercial use any part of the Site; any downloading or copying of account information for the benefit of any other merchant; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site shall be reproduced or transmitted or stored on another website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service unless prior written permission is obtained from Gamellio.
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR’s belonging to any party and further that you will indemnify Gamellio or its affiliates for all claims arising out of any content that you post on the Site.
Gamellio accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by You becomes the licensed property of Gamellio and You hereby grant to Gamellio and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
All content published by Gamellio is Gamellio’s Copyright and shall not be copied or reproduced in any manner without giving proper credits or source information to Gamellio. No unauthorised or unlawful or illegal use of Gamellio content shall be made by any User in any manner whatsoever.
Ownership and Reuse. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless Oath has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, APIs, and software).
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet service provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) delete and/or edit any or all of your directory or website submissions; and/or
(h) suspend and/or delete your account with the website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Limitation of Liability
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited.
You agreed to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
You acknowledge that some of the information published on this website is submitted by users or third parties, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
All the contents of the Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/ consultants/ persons and are not subscribed to by the Site or its representatives. The information from or through the Site is provided on an “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement are disclaimed and excluded.
Gamellio and/or its parent/s, affiliate/s, associate/s shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever (including but not limited to damages for loss of business, damages to your computer system/s, damages for loss of profits, damages for loss of data) arising in contract, tort or otherwise, from the use of or inability to use the Site or any of its contents, or from any act or omissions as a result of using the Site or any such contents, or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, server failure, communications line failure, destruction, alteration, unauthorized access or use of any information contained on the Site. No representations or warranties whatsoever are made by Gamellio as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Site will be corrected.
Any transactions relating to sale/purchase of goods and/or services not directly offered by Gamellio are to be settled inter-se between the parties to such transaction and all warranties (express or implied) regarding any matter pertaining thereto are expressly disclaimed by Gamellio. Gamellio merely endeavors to provide a platform where You and other party may interact, exchange information or carry out transactions on such terms and in the manner mutually agreed between You and the other party. You are solely responsible for all the activities, transactions arising with your association with such third parties on the Site to which effect Gamellio disclaims all/any responsibility or warranty whatsoever.
Under no circumstances will Gamellio be held responsible or liable, in any way, for any content which in legal opinion or otherwise is perceived to be derogatory, threatening, defamatory, obscene or offensive, offends public sensibilities or morals and shall neither be liable for any errors or omissions in any content nor for any loss or damage or infringement of any kind incurred as a result of the use of any content posted or uploaded on the Site. You specifically agree that Gamellio is not responsible for any content sent, used and/or included in Gamellio’s Site by any third party.
Third Party Content
Certain links on the Site lead to data/ resources located on servers maintained by third parties that are independent from Gamellio i.e. Gamellio has no control, connection (business or otherwise) since these websites/servers are external to Gamellio although such third party(s) websites may at times use Gamellio’s IPR’s. You agree, understand and acknowledge that by visiting such third party websites You are beyond Gamellio’s website. Gamellio therefore neither endorses nor offers any judgment or warranty and shall accept no responsibility/ liability for the authenticity, availability, suitability, reliability, accuracy of any information, software, product, service or graphics. Further, Gamellio does not endorse any of the goods/services and shall not be liable for any damage, loss or harm (direct or consequential) as well as any violation of local or international laws that may be incurred by Your visit and/or transaction/s on these website(s), as the same is provided on “as is” without warranties and representations of any kind. You are advised to seek expert opinion before relying on any advertisement, material, information or alike and also use Your own judgment with respect to such advertisement, material or information being true, correct or error free.
Certain parts of the Site shall contain material submitted by users including You. You will indemnify and hold harmless Gamellio against all third party claims, demands and actions brought against Gamellio which arises from or relates to the material submitted by You.
Gamellio shall send third party promotional mailers occasionally on your email Ids submitted to Gamellio. If You are not interested in receiving such mailers, You need to unsubscribe from such mailers through the opt-out mechanism provided within every such promotional mailer. Opting out of such promotional emails shall have no effect on Your subscription.
Gamellio respects the privacy of its users and is committed to protect it in all respects.
To avail subscription on our Site, users are required to provide certain information for the registration process namely: – a) your name, b) email address (All required information is service dependent). The Information as supplied by the users enables us to improve our Site/s and provide you the most user-friendly experience.
When we present information to our advertisers it is usually in the form of aggregated statistics on traffic to various pages within our site.
All information gathered by Gamellio, except your payment details (which are not collected by us but by independent third party controlled payment gateways), is securely stored within the Gamellio controlled database. The database is stored on servers secured behind a firewall, access to which is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
We use third-party tools to serve ads when you visit our Site. These tools may collect/use information (not including your personal information) about your visits to our Site and other websites in order to provide advertisements about goods and services of interest to you.
You agree that Gamellio shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility including that of telecommunication systems, man-made disaster, or any other cause whatsoever beyond the control of Gamellio.
Governing Law & Jurisdiction
You acknowledge that Your representations, warranties & obligations as well as the clauses relating to IPR’s, indemnification, disclaimer, limitation of liability, third party content, force majeure and governing law & jurisdiction shall survive the efflux of time and termination hereof.
You hereby acknowledge and agree that the relationship between You and Gamellio is on a principal to principal basis.
All rights reserved
Gamellio reserves the right to suspend, cancel or discontinue any or all channels, products or services at any time without notice, make modifications and alterations in any or all of the contents, products and services contained on the Site without prior notice.