Pinky Games and its affiliates (“Stock Games” or “we” or “us” or “our”) provide https://pinkygames.in/ as well as the other websites we operate (collectively, the “Website/s”) to you subject to these Website Terms and Conditions of Use (“Terms”), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Websites, you (“you” or “your”) accept and agree to be bound by these Terms, our Privacy Policy, and other Policies as applicable. If you do not agree to these Terms, you should not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by you are detailed in and governed by our Terms of Service, or such other applicable agreement between you and Stock Games relating to your access to and use of such Services.

1. Changes to Terms

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting will be deemed to constitute acceptance by you of such modifications, additions, or deletions.

2. Changes to Websites

We may change or discontinue any aspect, service, or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

3. Registration

You may be given the opportunity to register via an online registration form and to participate in Interactive Areas (as defined below), such as forums and other community features, and to create a user account with a username and password (or other means of authentication) (“Credentials”) that may allow you to receive information from us and/or to participate in certain features on the Websites. We will use the information you provide in accordance with the Privacy Notice.

By registering, you represent and warrant that all information that you provide is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Websites so that it remains current, complete, and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed for access to and use of the Websites and all charges related to the same.

You will be responsible for the confidentiality and use of your Credentials and agree not to transfer or resell your use of or access to the Websites to any third party. You agree to notify Pinky Games immediately of any unauthorized use of your Credentials or any other breach of security.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR CREDENTIALS AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

4. User Content Guidelines

The following terms apply to content submitted by you:

4.1 Interactive Areas

The Websites may contain comment sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, videos, photos, messages, and other materials (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk.

Interactive Areas are available for individuals aged thirteen (13) years or older. By submitting User Content to an Interactive Area, you represent that you are thirteen (13) years of age or older and, if you are under the age of eighteen (18) years, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.

4.2 User Content Restrictions
By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that:

• Violates the Acceptable Use Policy

• Is protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without express permission from the owner

You bear full responsibility for determining whether any User Content is protected by intellectual property rights. You shall be solely liable for any damages resulting from infringement of rights or other harm caused by your submissions. Stock Games reserves the right to permanently ban any user who violates others’ intellectual property rights from submitting further content.

4.3 Endorsement Prohibition
You agree not to represent or suggest, directly or indirectly, Stock Games’s endorsement of any User Content you submit.

4.4 Content Moderation Rights
We prohibit any conduct that we believe restricts or inhibits others from using or enjoying the Websites. Stock Games reserves the right to remove or edit User Content at our sole discretion without notice.

4.5 User Content Disclaimer
You acknowledge that:

• We are not responsible for the accuracy or credibility of User Content

• We assume no liability for your actions based on User Content

• Interactive Areas may expose you to offensive, objectionable, or deceptive content

• There are inherent risks in online interactions (e.g., underage users, false identities)

• You assume all risks associated with using Interactive Areas

4.6 Monitoring Policy
While not obligated to do so, we reserve the right to:

• Monitor User Content for compliance with these Terms

• Screen, edit, refuse to post, or remove any User Content without notice

• Satisfy legal or governmental requests

You are solely responsible for maintaining backup copies of your User Content at your own expense. Our monitoring decisions create no liability or responsibility on our part regarding your use of Interactive Areas.

4.7 License Grant
By submitting User Content, you grant Stock Games a:

• Royalty-free, perpetual, irrevocable, worldwide license to:

  • Use, reproduce, modify, and distribute your content

  • Create derivative works

  • Incorporate into other works

• You waive all moral rights to the content

• You warrant that:

  • You have full legal rights to grant this license

  • The content doesn’t violate any rights or laws

  • The content won’t cause injury to any person/entity

We reserve the right (but not obligation) to pursue legal action against anyone violating these rights.

5. Intellectual Property Rights
All Content on the Websites (including text, graphics, trademarks, software, etc.) and its arrangement are:

• Owned by or licensed to Stock Games

• Protected by copyright, trademark, and other intellectual property laws

Without our express written permission (or as permitted by law), you may not:

• Copy, distribute, or reproduce Website content

• Publicly display or perform content

• Create derivative works

• Use content for commercial purposes

• 6. Disclaimer of Warranty; Limitation of Liability:

  (A) Risk Acknowledgement
  YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. NEITHER STOCK GAMES NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS WARRANT THAT:

  • USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE

  • THE WEBSITES WILL PRODUCE SPECIFIC RESULTS

  • ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED WILL BE ACCURATE OR RELIABLE

  (B) “As Is” Basis
  THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF TITLE

  • IMPLIED WARRANTIES OF MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  This excludes warranties that cannot be excluded under applicable law.

  (C) Liability Exclusion
  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STOCK GAMES SHALL NOT BE LIABLE FOR:

  • Personal injury or property damage

  • Lost profits or data

  • Business interruption

  • Technology failures

  • Any direct/indirect, special, incidental, consequential, exemplary or punitive damages

  This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and even if advised of potential damages. You acknowledge STOCK GAMES is not liable for:

  • Defamatory, offensive, or illegal conduct by other users

  • Unauthorized access to your information

  If local law prohibits these limitations, they will apply only to the maximum extent permitted.

  (D) Security Disclaimer
  We disclaim all liability for unauthorized access to your personal information. By using the Websites, you accept this disclaimer.

  7. Indemnification
  You agree to defend and indemnify PINKY GAMES against all claims arising from:

  1. Your use of the Websites

  2. Violations of these Terms

  3. Violations of third-party rights

  4. Damage caused to third parties

  This obligation continues after termination of these Terms. PINKY GAMES reserves the right to assume exclusive defense of any claim, requiring your full cooperation.

  8. Termination & Survival
  We may terminate these Terms or your access at any time without notice, particularly for:

  • Unacceptable conduct

  • Breach of these Terms

  Certain provisions shall survive termination as specified herein.

  9. Governing Law & Venue
  All disputes shall be governed by Indian law (without conflict of laws provisions). Exclusive jurisdiction for any litigation shall be the courts of New Delhi, India.

  YOU MUST COMMENCE ANY CAUSE OF ACTION WITHIN ONE (1) YEAR OF ITS ACCRUAL OR IT IS PERMANENTLY BARRED.

  10. Dispute Resolution & Arbitration

  10.1 Binding Arbitration
  Unless prohibited by law, all disputes shall be resolved through binding arbitration, waiving rights to:

  • Jury trials

  • Class actions

  This applies to all claims regardless of legal theory.

  10.2 Arbitration Process
  Arbitration shall be:

  • Governed by Indian Arbitration and Conciliation Act, 1996

  • Conducted in New Delhi, India

  • In English language

  • Before a sole arbitrator

  10.3 Fallback Provision
  If arbitration is unenforceable, the exclusive jurisdiction clause in Section 9 applies.

  11. Intellectual Property Protection
  PINKY GAMES respects intellectual property rights and may terminate access for users who infringe others’ rights.

  12. Virus Protection
  While we test our Websites, you should:

  • Use up-to-date antivirus software

  • Scan all downloaded files

  WE DO NOT GUARANTEE VIRUS-FREE CONTENT AND ACCEPT NO LIABILITY FOR:

  • System damage

  • Data loss

  • Harm caused by viruses/malware from using our Websites

    13. Assignment
    Pinky Games may assign these Terms of Use, in whole or in part, at its sole discretion and without notice to you, to:

    • Any of its affiliates

    • Group companies

    • Holding or subsidiary companies

    • Third parties

    You may not assign these Terms or any rights hereunder without Pinky Games’s prior written consent.

    14. Miscellaneous
    14.1 Entire Agreement: These Terms, along with any operating rules for the Websites, constitute the complete agreement between parties and supersede all prior agreements (written or oral) regarding the subject matter.

    14.2 Third-Party Rights: The provisions of these Terms benefit:

    • Stock Games

    • Its third-party content providers

    • Licensors

    Each may enforce these provisions directly.

    14.3 No Waiver: Failure to enforce any breach/default shall not constitute a waiver of subsequent breaches.

    14.4 Severability: If any provision is found invalid/unenforceable:

    • It will be replaced with valid language reflecting the original intent

    • Remaining provisions shall remain binding

    14.5 Headings: Section headings are for convenience only and carry no legal weight.

    15. Contact & Notices
    For questions about these Terms, contact:
    Email: simaran@pinkygames.in

    All official notices to Stock Games must be in writing.

    These Terms were last updated on 12 July, 2024.

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