INTRODUCTION
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in line with the provisions of the Information Technology (intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and terms of use for access or usage of the mobile application PocketSudoku or any website variant thereof.
PocketSudoku enables users to browse through and avail an array of sudoku services being offered by PocketSudoku LLC. Your use of the application shall at all times be governed by the following terms and conditions (Terms of Use) as applicable including all the applicable policies (as amended from time to time) which are incorporated herein by way of reference. By mere use of the application, you shall be contracting with these terms of use including privacy policy as amended from time to time.
For the purpose of these terms of use, whatever the context so requires "you" or "user" shall mean any natural or legal person who has agreed to access and use the application. The application will primarily enable users to avail sudoku services from registered entities and reliable sources.
Accessing, browsing, or otherwise using the application indicates your agreement to the terms of use, so please read the terms of use carefully before proceeding. As long as you comply with this agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the application.
Whenever you use the sudoku service through this application, you will be subject to the rules, guidelines, policies, terms, and conditions as applicable to such service. We reserve the right to change, modify, add, or remove portions of these terms of use. We will attempt to notify you in case of any significant updates or changes, however, it is your responsibility to review these terms of use periodically for updates or changes. Your continued use of the application post the updates or changes will mean that you accept and agree to the revisions. As long as you comply with these terms of use, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the application.
SERVICES
The application primarily enables users to avail following sudoku services:
Play Easy, Medium, Hard level sudoku.
Auto-save ongoing sudoku game.
Resume saved sudoku game.
Sync data by creating a PocketSudoku account.
ELIGIBILITY
Only persons who can form legally binding contracts under Indian Contract Act, 1872 may access the application. If you are a minor i.e., under the age of 18 years, you may use the application and access content available on the application under the supervision and prior consent/permission of a parent or legal guardian. We reserve the right to terminate your membership and/or refuse to provide you with access to the application if it is brought to our notice or if it is discovered that you are incompetent to contract.
COMMUNICATIONS
When you use the application to send emails or other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us as and when required. We may communicate with you via email or by such other mode of communication, electronic or otherwise.
AVAILING SERVICES
You will be able to browse through the set of sudokus and view certain information uploaded by different sources present in diverse service areas and locations. PocketSudoku does not verify the identity and credentials of these sources and the published content is shown as is.
We shall not be responsible and liable for any issues or losses incurred due to the consumption of content presented in this application. Moreover, we shall also not be responsible for any interruption in sudoku or allied services due to technical or network failure or other reasons.
ADDITIONAL CONDITIONS OF USE
Download and installation of this application is free for users. PocketSudoku does not charge any fee for browsing and/or searching using the platform. PocketSudoku reserves the right to change its fee policy from time to time. Any change in fee policy will be posted on this page and such changes shall automatically become effective immediately. Unless otherwise specified, all fees shall be quoted in regional currency as listed in the Google Play Store / App Store.
PocketSudoku is developed and operated from India and makes no representation that the services and content on the application will be available in other locations. The application may refer to content that may not be available in your region/country. Users must comply with all laws applicable to them in relation to the use of the application and its information and contents.
The application is primarily for and as a matter of general convenience of the user for broad informational purposes to which the contents relate. Promotions and advertisements of and use of products and services, as well as access and linkages of websites and other applications (including of third parties) may also be enabled by PocketSudoku at its discretion.
USER'S REPRESENTATIONS AND OBLIGATIONS
By using the services, you represent and warrant that you own or in any event, have the right to post and/or submit the user consent free of restrictions, and this will not result in infringing any right of any person or entity, including any intellectual property rights.
Further, you agree that the information provided to us by you ("data") generally and in some cases, for you to seek certain services, which you may choose to do on a voluntary basis, through the application will be governed by our Privacy Policy. PocketSudoku shall not be responsible in any manner for the authenticity of the data (including personal information, sensitive personal data, or any other information) supplied by the user. If a user provides any data and/or information that is untrue, inaccurate, infringing, or incomplete (or becomes untrue, inaccurate, infringing, or incomplete), PocketSudoku has reasonable grounds to suspect that such data and/or information provided by the user is untrue, inaccurate, infringing, or incomplete. PocketSudoku has the right to delete such data and/or information and discontinue the services to such users at its sole discretion.
If you provide any other user's data to avail of the services provided by the application, you represent and warrant that you have all rights, consents, and authorizations required for such purpose under applicable law and you shall be deemed to be responsible for the user content of such user and all obligations that such user would have had under this agreement.
All information created by the service is provided on an as-is basis and the application does not validate the said information and makes no representation in connection therewith. PocketSudoku is not responsible for any such information provided. A user should contact the respective service to point out any discrepancies or add, delete, edit, or modify such information in any manner. PocketSudoku is provided on a "best-efforts" and "as-is" basis. While we strive to maintain the highest levels of service availability, we will not be liable for any interruption that may be caused to your access to the service.
You understand that as part of your usage of the application, you may receive SMS or email communication or both from us on your contact information provided to us. These communications will relate to your registration/services provided by the application. It is your responsibility to ensure that you provide the correct contact details for receiving the communication. Further, PocketSudoku may also send notifications and reminders to you relating to the features available in the application. You hereby consent to receive such communications from the application. In case you wish to not receive the reminders or notifications, you can switch them off through the application. However, mandatory notifications may still be sent to you.
PocketSudoku uses industry-standard security measures and encryption of your data. However, it cannot guarantee and/or prevent unauthorized access if you lose your device or if your account is otherwise hacked or compromised due to your actions and inactions. PocketSudoku encourages you to report any actual or suspected breach of your data to contact.pocketsudoku@gmail.com at the earliest.
PocketSudoku will allow you, at your own risk, option, and discretion, to securely share data and other information (as applicable) using the available "share" functionality within the application. PocketSudoku shall not be liable for any breach and/or loss resulting due to such sharing of the information by the user.
Sudoku service is responsible for sending and/or assigning the relevant record, information, and/or data to the relevant user. PocketSudoku shall not be responsible and/or held liable for any errors occurring out of the service with respect to providing you with information.
Users shall not access the application and/or its services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking, commercial, or competitive purposes.
You, as a user hereby represent and warrant that you will use the application and its services in accordance with the applicable law. Any contravention of applicable law as a result of your use of the application and related services is your sole responsibility, and PocketSudoku accepts no liability for the same.
PocketSudoku may disclose or transfer data and/or any information in the manner as provided for in this document.
SUBSCRIPTIONS
PocketSudoku allows you to access certain features of the app (herein referred to as "Premium Features") by offering Premium subscription plans which can be accessed after Google Sign-in using your Google email ID/password. Your subscription payments are carried out via Google Play Billing and are governed by the rules of Google Play Billing. PocketSudoku aims to provide a safe and enjoyable experience. You agree to use the Premium Features only for lawful purposes.
Premium Features may be suspended temporarily, or permanently, without notice, for various reasons, system failure, maintenance and repair, or other circumstances. PocketSudoku will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Premium Features. The applicable Google Play Billing terms of service specify how you can cancel a subscription or seek a refund.
DISCLAIMERS
USE OF THE APPLICATION AND ITS SERVICES IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES, UNDERTAKINGS OR GUARANTEES OF ANY KIND FOR ANY PURPOSE WHATSOEVER, AND WE DO NOT ASSUME ANY LIABILITY, IN RELATION TO THE (AND IN RELATION TO THE USE OF) POCKETSUDOKU SERVICES, CONTENTS, MATERIALS, PRODUCTS, SERVICES, THIRD PARTY WEBSITES OR OTHER APPLICATIONS OR SERVICES THAT MAY BE ACCESSED THROUGH THE APPLICATION. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND IN ANY EVENT, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESSED OR IMPLIED) IN THIS REGARD WHETHER ARISING BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO (A) MERCHANTABILITY, (B) FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER KNOWN OR NOT KNOWN TO US, OR HAVE REASON TO KNOW OR HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) NON-INFRINGEMENT OR CONDITION OF TITLE, AND (D) THAT APPLICATION AND/OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR SHALL BE BUG OR VIRUS OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVE NIF ANY EXPRESS REPRESENTATION OR WARRANTY IF ANY SET FORTH IN THIS AGREEMENT IS BREACHED AND/OR IS UNTRUE.
By accessing, downloading, and using the application, you agree that any information shared by you with us will be subject to our privacy policy. You are solely responsible for all the information, data, and user content that you choose to submit or share on the application. PocketSudoku declaims all responsibility with respect to the content of critical nature and shall not be liable to pay any consideration to any user for re-publishing any content across any of its applications.
The views and opinions expressed in articles, sudokus, posts, and other written material as presented on the application, are solely those which are attributable to the author and shall constitute user consent under this agreement. All provisions of this agreement with respect to user content shall be applicable to all such material accessible to users in the application.
Once temporarily suspended, indefinitely suspended, or terminated, the user may not continue to use this application.
FEEDBACK AND REVIEW
Any feedback, ratings, or reviews relating to inter alia, the application, and its services shall constitute user content under this agreement. All provisions of this agreement with respect to user content shall be applicable to all feedback, ratings, or reviews provided by users on the application.
CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
PocketSudoku enables end-users to view a collection of various articles, authored by and sourced from third parties ("Third Party Content"). PocketSudoku claims no ownership or rights with respect to such third-party content, except for the right to make such third-party content available for end-users to view. Being an intermediary, the application has no responsibility to peruse or review the views or opinions expressed in such third-party content, and any such third-party content is made available on an "as-is" basis. PocketSudoku assumes no responsibility or liability in connection with the third-party content and publication of the third-party content on the application shall in no manner be construed as an endorsement of the views and opinions expressed in the third-party content, by the application. PocketSudoku advises end-users not to conclusively rely on the opinions expressed in any third-party content, and to check with a qualified expert before relying upon any third-party content. Accordingly, PocketSudoku shall not be liable for any loss or damage of any nature suffered by an end-user as a result of relying upon any such third-party content. All intellectual property in connection with third-party content is owned by third parties, however, PocketSudoku holds the copyright over the unique collection of such third-party content made available on the application.
Subject to the above, certain content listed on the application including but not limited to content curated for or by the application (application content) shall belong to the application. PocketSudoku authorizes the user to view and access the application content available on the Application solely for viewing, receiving, and communicating only as per this Agreement. The application content, including but not limited to information, text, graphics, images, logos, button icons, illustrations, software code, design, graphics and audio, video, written and other material including programs and codes, and the collection, arrangement, and assembly of content is the property of the respective licensee and might be protected under copyright, trademark, proprietary, and other intellectual property right laws. The user shall not modify the application content or reproduce, display, publicly perform, distribute, or otherwise use the application, its material, or its content which are owned by us or our affiliates, or in respect of which we have rights, in any way for any public or commercial purpose or for personal gain. If enabled by the application, a user is granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to the application content to:
a. use and display the application content as-is only on your personal cellular phone or tablet devices or computer system solely for personal and non-commercial use;
b. print copies of the application content for your personal use and store the files on your cellular phone or tablet devices or computer system for personal and non-commercial use.
Save as is otherwise permitted in the above, you shall not use the application content and related material in any manner for any purpose.
LICENCES AND ATTRIBUTION
Apache License • Version 2.0, January 2004 • http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION (APACHE)
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by the combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS (APACHE)
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Attribution of vectors used:
Image by juicy_fish on Freepik (https://www.freepik.com/free-vector/trophy_34295225.htm)
THIRD-PARTY WEBSITES
The application may contain links to websites operated by third parties ("Third Party Websites"). We do not have any influence or control over any such third-party websites and unless otherwise stated we are not responsible for and do not endorse any third-party websites or their availability or contents. We do not maintain, sponsor, or recommend any third-party websites, though the application may contain advertisements. We do not assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of the intellectual property rights of any person, or any information or opinion on third-party websites. Your use of those linked sites, mobile software applications, and services are subject to the terms of use and privacy policies of each such website(s), application(s), and/or service(s).
The application, its contents, and/or any services are accessed through the World Wide Web, which is independent of the application. Your use of the World Wide Web is solely at your own risk and subject to all applicable laws and regulations. We have no responsibility for any information or service obtained by you on the World Wide Web.
ADVERTISERS ON PLATFORM
We accept no responsibility for advertisements and/or promotional materials contained within the application and/or provided through the application. If you agree to purchase goods and/or services from any third party who advertises through the application, you do so at your own risk and responsibility. The advertiser and/or related third party, not PocketSudoku, is answerable and/or responsible for such goods and/or services purchased by you and if you have any queries or complaints in relation to them, your only recourse is against the advertiser and/or related third party.
RIGHTS AND OBLIGATIONS RELATING TO USER CONTENT
You shall not (without limiting to your other obligations under this Agreement):
1. host, display, upload, modify, publish, transmit, update or share any information through the application that:
a. belongs to another person to which you do not have any right;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic libelous, invasive of other's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. harms minors in any way;
d. infringes any patent, trademark, copyright, or other proprietary rights including any intellectual property rights;
e. violates any applicable laws;
f. deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
g. impersonates another person;
h. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; and
I. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of any offense, or is insulting in any other nation.
2. restrict or inhibit any other user from using or enjoying the application, including without limitation by means of hacking or defacing any portions of the application;
3. transmit any information or software that contains a virus, worm, time bomb, bot, Trojan horse, or other harmful or disruptive components;
4. indulge in cyber stalking, scraping, crawling, becoming, or creating a nuisance for any user of the application;
5. use the application to conduct, or solicit the performance of any unlawful activity or other activity which infringes the rights of others;
6. interfere with or disrupt the application or any services provided thereon or thereby, or any servers or networks or operating systems connected to the application, or disobey any requirements, procedures, policies, or regulations of networks connected to the application;
7. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine, or in any way reproduce or circumvent the navigational structure or presentation of the application, its contents, services, data, information, or related materials provided on and/or through the application;
8. reproduce, duplicate, copy, sell, resell, or exploit for any commercial or unlawful purposes, the contents, services, information, or related materials provided on and/or through the application or any portion thereof, your right to use the application, or your right to access any service(s) offered or made available on or through the application; or
9. frame or mirror application or any portion thereof.
If you misuse the application or its content, or if your user content infringes on any other party's intellectual property rights, or if you violate any provisions of these terms, you understand and acknowledge that we may remove such content either in whole or in part and suspend or terminate your access/usage rights to the application. Further, for any such misuse, you also agree to indemnify PocketSudoku based on the indemnification provision below.
LIMITATION OF LIABILITY
You acknowledge and agree that you are solely responsible for acquiring all the equipment required to use the service, including but not limited to internet access and all the costs relating thereto. The application may use the processing capabilities, memory, and internet connection of the devices you are using.
To the maximum extent permitted by law, we, as well as our affiliates and officers, directors, employees, and agents, will not be liable to you or anyone else for any direct or indirect/consequential/special/punitive damages or losses, personal injury, mental anguish, emotional distress, or any other personal loss (whether under law, contract or torts) that results from the access to or use of, or inability to access or use of the application and its services. If you are dissatisfied with any matter in relation to any of the above, or with any of these terms of this Agreement, please cease to use the application.
INDEMNITY
User agrees to indemnify and hold harmless PocketSudoku, its affiliates, and its officers, directors, employees, consultants, licensors, agents, business partners, and representatives from and against any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from user's access to or use of the application, its contents, third party websites, data, services, from posting/submitting anything, and violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other rights of any person or entity. PocketSudoku will notify you of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. This clause will survive these Terms and will continue even after you cease to use the application.
MISCELLANEOUS
Disputes: Any and all claims and disputes, if cannot be amicably resolved between the user and PocketSudoku shall be finally settled by reference to arbitration under the Arbitration and Conciliation Act, 1996 including any amendments or re-enactments ("Arbitration Rules") and to be administered by a sole arbitrator and appointed pursuant to the Arbitration Rules. The Arbitration proceedings shall be held in Assam, India. The Arbitration proceedings shall be conducted in the English language. Notwithstanding the foregoing, we may seek appropriate interim or provisional reliefs including any injunctive reliefs in any court having jurisdiction over the subject matter thereof to enforce and/or prevent the breach of our rights and remedies in and arising out of this Agreement.
Governing law and jurisdiction: This agreement shall be governed by the laws of India without giving effect to principles of conflict of laws and all disputes and differences hereunder shall be subject to the sole and exclusive jurisdiction of the courts situated at Assam, India.
Assignment: The usage of the application, and its servies is personal to you and you shall not assign or transfer this right to any third person.
Entire Agreement: This Agreement contains the entire understanding and supersedes all prior understanding between the parties relating to the subject matter herein and this Agreement cannot be changed except in writing or changed by PocketSudoku in the manner as provided in this Agreement.
Waiver: Any failure by us to enforce this Agreement, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
Severability: If any portion of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Termination: PocketSudoku reserves the right to suspend or terminate a user's access to the application and the services with or without notice and to exercise any other remedy available under law in cases where:
a. such user breaches any of these terms;
b. a third party reports violation of any of its rights as a result of your use of the services and/or the application.
c. PocketSudoku has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such user; or
d. PocketSudoku believes in its sole discretion that the user's actions may cause legal liability for such user, other users, or for the application or are contrary to the interests of the application.
Upon termination of your account, you shall no longer have access to the information, user content, data, messages, files, and other materials provided by you to the application and/or maintained on PocketSudoku by you. We shall not be liable for any loss of data on the termination of your account. You are responsible for maintaining a backup of any such data and/or information you have provided.
Grievance redressal: If a user has any questions, or comments relating to the application, this Agreement, the services, or anything related to any of the foregoing, PocketSudoku customer support can be reached at contact.pocketsudoku@gmail.com. If you have any grievance in relation to the application, this Agreement, the services, or the application content, you may send a notice to us in writing or through e-mail signed with an electronic signature to the Grievance Redressal Officer at contact.pocketsudoku@gmail.com. The notice should contain the following:
a. Details of the content alleged to be an infringement of your rights as the rightful owner or affecting you prejudicially; and
b. Your contact information including e-mail, address, and telephone number where you can be contacted, if required.
GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions are governed and construed in accordance with the laws of India. The courts in Assam shall have exclusive jurisdiction to hear disputes arising out of these terms.
FORCE MAJEURE
PocketSudoku shall be under no liability whatsoever in the event of non-availability of any portion of the application or subscribed content occasioned by acts of God, acts of Government, wars, diseases, pandemics, epidemics, revolutions, riots, civil commotion, strikes, lockouts, floods, fires, earthquakes, acts of terror, cyber-attacks, failure of any public utility, man-made disaster, internet service provider failures or delays, infrastructure failures, denial of service attacks or any other cause whatsoever beyond the control of the application.
SEVERABILITY
If any of the provisions of these terms are deemed invalid, void, or for any reason unenforceable, that part of these terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these terms.
CONTACT DETAILS
Details of Grievance Redressal Officer:
Name: Mr. Dipayan