Terms and Conditions

Content

A variety of information, text, graphics, software, graphics, photos, data, video, audio-visual combinations, interactive features and other materials You may view on, or access through the Service (“Content”) is available on the Website and Application. The Content available on the Website and Application shall be used solely for Your non-commercial use and/or to benefit from the products, Services intimated on the Website and Application. No right, title or interest in any Content is transferred to You, whether as a result of downloading or reproducing such Content or otherwise. We reserve complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from Us or the Service.

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a 88 GAMES Application are owned by 88 GAMES.

We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Application games and the Service. All Content on the Website and Application is either owned or licensed to Us, and is subject to copyright, trade mark rights, and other intellectual property rights of the Website and Application. 88 GAMES owns, has been licensed, or otherwise has rights to use all of the Content that appears in the Service, Website and all the Applications. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any Content that appears in the Service, Website and all the Applications, including without limitation the virtual goods or currency appearing or originating in any Application game, whether earned in a game or purchased from the in-game Application.

Your License to 88 GAMES

You hereby grant to 88 GAMES an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Us the right to authorize others to exercise any of the rights granted to Us under these Terms of Use. You further hereby grant to Us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by applicable law, You waive any rights of attribution and/or any moral rights You may have in your User Content, regardless of whether Your User Content is altered or changed in any manner. 88 GAMES does not claim any ownership rights in Your User Content and nothing in these Terms of Use is intended to restrict any rights that You may have to use and exploit your User Content. We have no obligation to monitor or enforce Your intellectual property rights in or to Your User Content.

Purchases

In the Service under the Applications you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, all for use in 88 GAMES Applications; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from Us or Our authorised partners through the Service, and not in any other way. We may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. We shall have no liability to you or any third party in the event that We exercise any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, You shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to 88 GAMES, another user or any third party. All purchases and redemptions of Virtual Items made through the Service are final and non-refundable. The provision of Virtual Items for use in 88 GAMES Applications is a service provided by Us that commences immediately upon acceptance by 88 GAMES of Your purchase.

Use of Message Boards, Chat Rooms And Other Communication Forum

This Site and Application may contain message/bulletin boards, chat rooms including in built audio/video chat options, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Conduct or forward surveys, contests, or chain letters. Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by 88 GAMES, and such communications shall not be considered reviewed, screened, or approved by 88 GAMES. 88 GAMES reserves the right for any reason to remove without notice any contents of the Forums received from Users, including without limitation message board postings.

In no event shall the Site and/or Application be held responsible for any Posts nor does the Company, Site or Application represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Company be liable for any loss or damages resulting from their use and/or appearance on the Site.

By providing a Post to the Site and/or Application, you undertake, represent and warrant to the Company that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.

By submitting any Post, you grant the Company and its associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.

The Company, Site and/or Application will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site or Application generally, in any manner that the Company may determine, in its sole discretion, at any time. Although the Company endeavours to periodically monitor the content posted on this Site and Application, the Site and/or Application will not be responsible for the views or opinions expressed by third parties on the Site.

You agree that you will not use any Post and/or any part or all of our Site and/or Application to:

• collect, store and/or identify private or personal information of any user or person;
• facilitate personal attacks on other individuals or groups of people;
• upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Site deems in its sole discretion inappropriate for the Site;
• harm children in any way including without limitation any offences in relation to grooming children online under law;
• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
• stalk or otherwise harass another person or User;
• upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• upload, post or e-mail any content that infringes any intellectual property rights or other third party rights of any party;
• upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
• upload, post or e-mail any content that contains computer viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
• disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; and/or
• violate any applicable national or international laws or regulations.

You further agree that You may use the Site and Application for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for Yourself and/or any third-party business activity.

You further agree and understand that You are responsible for the conduct of any other user on or off the Services. You agree to use caution in all interaction with other User/(s). You shall at Your own good judgement and in a prudent manner deal with the conduct of any other User and use caution in all interactions.

Please report anyone who violates these Terms of Use at the email ID contact AT 88games DOT in and We will at Our own good judgement and discretion take an appropriate action against such User.

In case You come across such behaviour while audio/video chats at the Forums You should first turnoff the chat, by doing this neither You will be able to hear the other User/(s) nor the other User/(s) will be able to hear you. Additionally, We also recommend to immediately come out from the particular Forum/game and report abuse to us at contact AT 88games DOT in. Please note that you should be vigilant while interacting with other User/(s). This is a mere guideline to help You figure out ways in case You face any abuse or misbehaviour and casts no responsibility/obligation on Us. However, We will ensure that in case You report any such abuse to Us, We on own judgement and records available with Us block the User after giving them due warnings.

This report abuse facility is being provide by Us to ensure that You have an excellent user experience and in case of any misbehaviour that You face we take appropriate action. Any misuse of this mechanism shall be deemed as a violation of these Terms of Use and We reserve the right to take appropriate action against You.

You are solely responsible for Your interactions with other users and You understand that 88 GAMES does not conduct any background verification including criminal records/background verification of its users. However, 88 GAMES reserves the right to conduct and You agree that 88 GAMES may conduct any criminal background check or other screenings any time.

88 GAMES makes no representation or warranties as to the conduct of the other Users of the Services.

Further, in all cases where 88 GAMES does not pair the User/(s) in any particular Forum with another player/User and You Yourself choose with whom You may want to play the game or interact otherwise either in Forum, through Forum or offline the Forum, You shall be solely responsible for the conduct, behaviour, action, omission to act or otherwise of such another user and 88 GAMES shall not be responsible in any manner.

Compatible Devices

In order to be able view and use Content on the Service, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However, You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside the Company’s reasonable control.

The Company does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Application being unavailable. The Company will not be responsible for any support or maintenance for the Application.

System Requirements

In order to use the Application, You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and Services.

Restrictions on Use

As a condition of use, You agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of Your activity in connection with the Services. Without derogating from Your responsibility under any applicable law, and solely by way of example, You shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:

• is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libellous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
• Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
• infringes any patent, copyright, trademark or other intellectual property right of any person or entity;
• constitutes unauthorized or unsolicited advertising;
• involves commercial activity not expressly permitted by Us; or
• contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information.
• disrupts, interferes with or restricts the use of Our site by other User/(s);
• reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of our Website;
• changes, modifies, deletes, interferes with or misuses data contained on our site and entered by or relating to any third party user of our Website.
• You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this Site and/or Application or elsewhere, nor will you use robots, spiders, or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as “click fraud.”