Terms of Service Agreement (Effective July 1st, 2011)
Onceanhour.com and Attract Ventures Pvt Ltd collectively termed as (“Onceanhour”) welcomes you, the following Terms of Service are a contractual agreement between you and Onceanhour.
Application - This Terms of Use applies to "onceanhour.com" and (collectively, the "website" or "site") owned and operated by Onceanhour, a division of Attract Ventures Pvt Ltd, a society existing under the laws of United States and its parent corporations, subsidiaries, affiliates, assigns, successors and related entities (collectively, "Onceanhour", "Attract Ventures Pvt Ltd ", "we", "us" or "our").
Agreement - By clicking on the "I Accept" button, or by using or viewing this website, you acknowledge and agree that you have read, understand and agree to abide by the terms and conditions of this Agreement, applicable laws, regulations and any additional policies that we may communicate to you.
Definitions
When used in this Agreement, certain words have particular meanings:
"Affiliates" are all parties involved in creating, producing, and/or delivering the Site that have a relationship with onceanhour.com separate from this Agreement, including its parent companies, subsidiaries, affiliated companies, information providers, partners, sponsors, contractors, advertisers, and suppliers of products and services to onceanhour.com. Nothing in this Agreement creates any obligations of any Affiliate to you, or gives you any rights against any Affiliate.
"Content" refers to any products, services, text, images, audio, visual productions, opinions, questions, statements, facts, articles, or other information created by onceanhour.com and/or its Affiliates or by Third Parties and otherwise available on the Site.
A "Promotion" refers to any onceanhour.com Game, Promotion, Sweepstakes, Redemption, or other program offered or available on the Site.
A "Submission" is any communication that a user transmits to the Site (regardless of ultimate destination) by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like.
A "Third Party" is any entity other than onceanhour.com / Attract Ventures Pvt Ltd. or its Affiliates, or a person other than onceanhour's or its Affiliates' directors, officers, employees or agents.
GENERAL INFORMATION
Entire Agreement: The Terms of Service constitutes the entire agreement between you and onceanhour and governs your use of the Service, superseding any prior agreements between you and Onceanhour with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other onceanhour services, affiliate services, third-party content or third-party software.
Choice of Law and Forum: The Terms of Service and the relationship between you and Onceanhour shall be governed by the laws of the State of AP without regard to its conflict of law provisions. You and Onceanhour agree to submit to the personal and exclusive jurisdiction of the courts located within the State of AP, India.
Waiver and Severability of Terms: The failure of Onceanhour to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
No Right of Survivorship and Non-Transferability: You agree that your Onceanhour account is non-transferable and any rights to your Onceanhour ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
MODIFICATIONS TO SERVICE
Onceanhour reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that onceanhour shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
MEMBER ELIGIBILITY
Our Services are available only to legal entities and individuals in business who can form legally binding contracts. To register for an Account with Onceanhour and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. Onceanhour reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone anytime.
AGE & YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Onceanhour has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Onceanhour has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Onceanhour is concerned about the safety and privacy of all its users, particularly children. The minimum age for participation is 18 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the website. If you are a minor, you must have your parent or guardian read and agree to the Terms of Use (link located on the footer bar on every page of this website) prior to you using the website.
This Agreement applies to all updates, supplements, or other enhancements of the website that we may provide to you or make available to you. Your continued use of the website following such modifications signifies your acceptance of those modifications. You are responsible for reviewing this Agreement periodically for any such modifications. We reserve all rights not expressly granted to you in this agreement.
Onceanhour Points, Prizes and Payment – Once an Hour Website or Service is designed to provide you entertainment and anyone could play for large prizes without having to risk their own money. In order to ensure that your activities on this website are not considered to be gambling, you are not able to risk your own money or valuable property. This is why your account balance has to be legally worthless until we actually give it to you. If your account legally had value, there is a small risk that some government somewhere could unjustly claim that you are gambling even though you never deposited your own money into the game. While we realize that it may sound harsh that we have the legal right to pay you at our sole discretion, it is for your and our protection. Please understand that we want the website to be a fun experience that is available to all people who are legally permitted to play. We intend to pay you provided that (i) we are legally permitted to pay you, and that (ii) you do not breach this Agreement or our policies. We are not aware of any reason why we would be legally prevented from paying anyone who we allow to sign up an account. However, that said, the following statement establishes your agreement that your account balance has no value until we pay you:
Any reference to "¢", "$", "cash", "dollars" , Rupees , money and "pennies" in the site and in this Agreement refers to Onceanhour Points which are a non-negotiable point system and are not money, a substitute for money nor a negotiable currency. Onceanhour Points have no value whatsoever and may not be transferred, exchanged, assigned or used outside of the Site. As a point system, Onceanhour Points are only a means of keeping score within the site. Onceanhour may decrease, without compensation, the number of Onceanhour Points in your account at any time in our sole discretion. You have no rights or entitlements to Onceanhour Points under this Agreement and you irrevocably waive all rights that you may have under common law, statute, or otherwise. Onceanhour Points do not represent an entitlement to legal tender, value, or prizes. Onceanhour has no liability to make any payment to you. Onceanhour may choose, in its sole discretion, not to approve a payment or withhold payment for any reason whatsoever including, without limitation, non-payment from our advertisers, suspected fraud with your account, etc. onceanhour may also pay you an amount lower than the amount you requested. All payments made to you are in the nature of a gift from onceanhour to you, and not compensation for your efforts, activities, or your time. All awards and payments are made in our sole discretion; we may choose to pay or not pay any person as we solely determine. If we do pay you, you are responsible for and will indemnify us from all taxes, shipping fees, and 3rd party costs resulting from that payment. You acknowledge that this provision shall apply in spite of any contrary or inconsistent course of dealing in respect of onceanhour Points, money, prizes or payments.
Notices - Except as explicitly stated otherwise, any notices given to onceanhour shall be given by email to intellectualproperty@onceanhour.com . Any notices given to you shall be given to the email address you provided during the registration process or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by email, regular mail or discussion forum postings.
Termination
You agree that Onceanhour may, under certain circumstances and without prior notice, immediately terminate your Onceanhour account, any associated email address, and access to the Service or website. Without prejudice to any other rights, either party may terminate this Agreement without cause with notice to the other. This Agreement (including all licenses granted to you by this Agreement) Shall terminate automatically if:
a. you fail to comply with any of the terms or conditions described herein;
b. we discontinue operation of the website; or
c. onceanhour publicly posts a written notice of termination on the website.
On termination of this Agreement you must immediately stop using or accessing the website. Further, you agree that all terminations for cause shall be made in Onceanhour's sole discretion and that onceanhour shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Assignment - You may not assign, in whole or in part, any of your rights or obligations under this Agreement, without the written consent of onceanhour. You agree that your onceanhour account is non-transferable and any rights to your onceanhour username or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Third Party Beneficiaries - You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.
Legal Fees - If any action at law or in equity is necessary to enforce or interpret onceanhour's rights under this Agreement the terms of this Agreement, or any of the provisions hereof, onceanhour shall be entitled to recover from you, in addition to any other relief to which onceanhour may be entitled, reasonable legal fees, interest, costs and necessary disbursements.
Governing Law - This Agreement shall be construed and enforced in accordance with the laws of the State of AP, India without regard to its conflict of law provisions. You and Onceanhour agree to submit to the personal and exclusive jurisdiction of the courts located within the AP, India, This Agreement shall be construed and enforced in accordance with the laws of AP, India. The Parties to this Agreement agree to submit themselves to the jurisdiction of the courts of AP,India and agree to attorn any dispute arising from this Agreement or from use of the website to said courts. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration – Any controversy or claim (whether in contract or tort, pursuant to any statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement, including without limitation any license granted to you by us pursuant to this Agreement; (b) the website; (c) oral or written statements, advertisements or promotions relating to this Agreement or to the website; (d) the relationships that result from this Agreement (including relationships with third parties) (collectively the "Claim"), will be referred to and determined by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Hyderabad, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, onceanhour may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction
You agree to waive any right you may have to commence or participate in any class action against onceanhour related to any Claim and, where applicable, you also agree to opt out of any class proceedings against onceanhour. If you have a Claim you should give written notice to arbitrate to onceanhour at the address obtained by following the instructions in Section.
If onceanhour has a Claim it will give you notice to arbitrate at the address you have provided to onceanhour, or if you have not provided a mailing address, to your email address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and onceanhour agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the State of AP, India.
Severability - If one or more provisions of this Agreement are held to be invalid, generally or specifically in a given jurisdiction, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be, and shall be, severable to the limited extent necessary and to retain the mutual intent of the parties.
Entire Agreement - This Agreement constitutes the entire agreement between you and onceanhour and supersedes all prior agreements or other arrangements, understandings, negotiations and discussions, whether oral or written. No other representations or warranties are made, save for those contained within this Agreement. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. Any conflicts between the terms or conditions of this Agreement and the terms or conditions of any other agreement between you and onceanhour shall be decided by reference to this Agreement. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Please direct any questions or concerns regarding these terms and conditions to : legal@onceanhour.com
ACCESS TO AND USAGE OF THE WEBSITE
Eligibility - To open an account or to access the website, you may not be a resident of any jurisdiction that prohibits or restricts your ability to play games on the website. You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree that onceanhour cannot be held liable if laws applicable to you restrict or prohibit your participation. Onceanhour makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournaments offered on the website nor shall any person affiliated, or claiming affiliation, with onceanhour have authority to make any such representations or warranties. Employees of onceanhour or of its related or affiliated companies and their families are not eligible to play or cash out money without onceanhour's prior written approval.
Registration – To become a Member and open your onceanhour.com account ("UserAccount"), you must completely fill out all of the information required on the online registration form located at
http://www.onceanhour.com/ and click on the "Join" button to register.
THIS DATA MUST BE ACCURATE AS IT WILL DETERMINE THE VALIDITY OF PROMOTION ENTRIES, WILL BE USED FOR SECURITY PURPOSES AND FOR THE FULFILLMENT OF ANY REWARD THAT MAY BE REDEEMED OR PRIZE WON. YOU ARE RESPONSIBLE FOR MAINTAINING AND PROMPTLY UPDATING YOUR ACCOUNT INFORMATION. IF INACCURATE INFORMATION IS SUPPLIED, IT MAY RESULT IN YOUR DISQUALIFICATION FROM MEMBERSHIP AND/OR ANY PROMOTION AND PREVENT THE FULFILLMENT OF ANY REWARD YOU MAY REDEEM OR PRIZE YOU MAY WIN.
By registering with onceanhour.com, you represent and warrant that you will: (a) provide true, accurate, current and complete information about yourself as prompted by the onceanhour.com registration form; and (b) maintain and promptly update such information to keep it accurate.
Limit of One (1) Account per Member. Multiple Accounts registered for the same person under different email addresses will be subject to cancellation, and Points and/or prizes held therein will be forfeited.
Limit of Three (3) Accounts per Household. If more than three (3) Accounts are registered for the same street address under different email addresses, such Accounts will be subject to cancellation and Points and/or prizes held therein will be forfeited.
Member Account, Password and Security - You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. Your account is for your personal use only. You may not permit another person to use your account or give your username and password to another person. You may not sell your account, transfer it, or assign your rights in it to another person. You may not register more than one account, or use or control more than one username / password combination at any time. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur from or under your account. Onceanhour cannot and will not be liable for any loss or damage arising from your failure. onceanhour reserves the right to, without compensation, terminate your account, void your account balance, limit or prohibit your participation in any game, tournament or tournament type for any reason whatsoever in our sole discretion.
System Integrity - You may not use any device, software or routine to interfere or attempt to increase your chances of winning prizes of any kind on the website, to access prizes that would not otherwise be available to you, or to otherwise interfere with the proper working of the website or any activities being conducted on the website. You may not take any action, which imposes an unreasonable or disproportionately large load on the site's infrastructure. You agree not to interrupt or attempt to interrupt the operation of the site in any way. You will not exploit any bug in the website to gain unfair advantage in any game and you will not communicate the existence of any such bug (either directly or through the public posting) to the public or to any other user of the website.
Acceptable Usage of the Site - In your use of the website, YOU WILL NOT:
a. harm minors in any way
b. rent, lease, sell, sublicense, assign, distribute or otherwise transfer any portion of the website or use it for any purpose other than in association with the services provided by the website;
c. reverse engineer, decompile or disassemble any portion of the website, except and only to the extent that this limitation is expressly prohibited by applicable law;
d. parse, copy (other than the temporary copy made by your internet browser solely to access the website), modify, alter or tamper with the website (including without limitation the removal of any copyright or other proprietary notices from the website) or create any derivative works (as defined under copyright law) or improvements (as defined by patent law) of the website;
e. use the website while driving, biking, boating, operating heavy machinery or engaging in any other potentially hazardous activity (you understand that death, personal injury, or property damage may result from use of the website while engaged in these activities);
f. access the site or the information provided by the site using tools or systems other than a standard internet browser (i.e. Microsoft Internet Explorer) that generally conforms to W3C standards;
g. use more than one type, version or copy of a standard internet browser at any time;
h. use the website in a manner that is contrary to applicable law or inconsistent with this Agreement; or
i. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in communications with onceanhour or other members, attempt to offend any person with your nickname or third party viewable details or violate the rights of any third party;
j. post copyrighted or other materials that you do not own to any discussion forum or discussion area or otherwise infringe any person's intellectual property rights; post any unsolicited or unauthorized advertising or commercial messages (i.e. spam); make available any harmful or disruptive computer programs; disrupt or annoy other users; or
k. sell or transfer any invitation to the website for money or other consideration.
Site Operation - onceanhour reserves the right to refuse service, prevent access to the site, terminate accounts, remove or edit content, in our sole discretion. onceanhour may impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. onceanhour may make modifications to (including discontinue or suspend) any benefits to you, or any aspect or feature of the website at any time, including the availability of any feature, database, or content without any liability to you. Your use and continued use of the website means you agree to these changes. Nothing in this Agreement imposes upon onceanhour any obligation to provide any support, including any updates (including bug fixes) to the website, to investigate website errors, or to respond to any inquiries.
Links to Third-Party Sites - The website may include hyperlinks to web sites operated by parties other than onceanhour including advertisers and other content providers. Those sites may collect data or
Solicit personal information from you. Onceanhour does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Dealing With Advertisers - Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that onceanhour shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
Anti-Spam Policy - onceanhour is strongly against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by onceanhour, will have their respective accounts either immediately TERMINATED or SUSPENDED without compensation, at the sole discretion of onceanhour. Onceanhour defines "Spam" as:
Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to legal@onceanhour.com
BETA PERIOD:During the Beta Period (indicated by the logo on the home page) your participation as a beta tester is subject to the following terms and conditions.
General - As a beta tester, you are invited to play games and interact with the website for the sole purpose of evaluating the features and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the onceanhour Points, games or other content with which you interact. The website is provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
Confidentiality - The website during the Beta Period is confidential. The games, the system of acquiring onceanhour Points through game play, and the other features and functionality to be offered as part of the website, are confidential. You will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the website. You will carry out the testing personally and not provide access to website to any other person (including allowing anyone else to watch you interacting with the website). You agree that breach of the above confidentiality obligations will cause irreparable harm to onceanhour, and onceanhour is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the website confidential will continue until onceanhour publicly distributes, or has otherwise disclosed to the public through no fault of yours, the website that you are testing.
Information may be reset - When playing during the Beta Period; you may accumulate onceanhour Points or other information in your account. This data may be reset at any time during the testing process, and it may be reset when the Beta Period has completed. If this should occur, all player history (including account balances) and data may be erased and each player could return to the status of a new user.
Intellectual Property Rights, Ownership
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Onceanhour! or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Onceanhour grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Onceanhour! for use in accessing the Service. All title and intellectual property rights in and to the website (including any content or features incorporated into the website) and in the information provided by you to us (collectively, the "Content") are owned by onceanhour, its licensors or suppliers. You recognize and agree that you have no rights in or to, the whole, or any part of, the Content, the trade names, and brand marks of onceanhour or any of its licensors. You further agree not to seek to obtain intellectual property protection for the Content or any portion thereof
If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to onceanhour or through the website, such submissions shall become, and shall remain, the sole property of onceanhour. No submission shall be subject to any obligation of confidence on the part of onceanhour. Onceanhour shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.
You will not, except as otherwise permitted by this Agreement while it is in effect, disclose, make use of, or otherwise infringe upon the intellectual property or any derivatives thereof, it being specifically understood that the intellectual property is owned solely and exclusively by onceanhour or its licensors. You agree that upon any violation of this covenant, onceanhour shall suffer irreparable harm and shall be entitled to injunctive relief against any further violation, in addition to any other damages to which onceanhour may be entitled. This covenant is independent of any other covenant, term or condition of this Agreement and shall survive the expiration or termination of this Agreement, it being understood that but for the giving of this covenant by you, onceanhour would not have entered into this Agreement.
Subject to your continued compliance with the terms and conditions set forth in this Agreement, onceanhour grants you a non-exclusive, non-transferable, limited license to access, use, display, and listen to the website.
The website, including all Content, is protected by international copyright laws and treaty provisions, whether or not a copyright notice is present. Except as expressly provided herein, onceanhour does not grant any express or implied right to you under any patents, trademarks, or copyrights.
Notice and Procedure for Making Claims of Copyright or Intellectual Property
Infringement - onceanhour respects the intellectual property of others, and we ask our users to do the same. Onceanhour may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide onceanhour's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Onceanhour's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:
Copyright Agent
legal@onceanhour.com
Attract Ventures Pvt Ltd.
DISCLAIMER OF WARRANTIES
General - The Service or website is a multiplayer game and entertainment site played on the Internet. Onceanhour does not represent, warrant, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations, advertisements, images, sounds, and text (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the website (the "Service"), nor the quality of any products, information or other Materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance and use of the Materials, Service, or Products shall be at your sole risk. Onceanhour reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONCEANHOUR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE or WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM onceanhour OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
d) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY - THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING, AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS WITH RESPECT TO THE WEBSITE, THE MATERIALS, THE PRODUCTS OR THE SERVICE.
YOU ACKNOWLEDGE THAT YOU MAY NEVER RECEIVE CASH OR OTHER REWARDS AWARDED AS A RESULT OF YOUR PARTICIPATION IN THE WEBSITE. YOU AGREE TO BEAR THE ENTIRE RISK AS TO THE QUALITY, RESULTS AND PERFORMANCE OF THE SERVICE OR WEBSITE. YOU ACKNOWLEDGE THAT THE WEBSITE, THE INTERNET, OR YOUR COMPUTER MAY NOT FUNCTION PROPERLY OR AT ALL.
YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE MAY MALFUNCTION OR CONTAIN ERRORS AND OTHER PROBLEMS THAT COULD CAUSE YOU A PARTIAL OR COMPLETE SYSTEM FAILURE INCLUDING, BUT NOT LIMITED TO, PARTIAL OR COMPLETE CORRUPTION OF YOUR DATA, ACCOUNT BALANCES, OR ACCOUNT INFORMATION.
YOU FURTHER ACKNOWLEDGE THAT ONCEANHOUR SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY TO OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF onceanhour HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE; OR FOR CLAIMS BY A THIRD PARTY.
THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.
DESCRIPTION OF SERVICE
Onceanhour provides users with access to a collection of resources, including various communications tools and forums which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for onceanhour to provide the Service. You understand and agree that the Service is provided "AS-IS" and that onceanhour assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
PERSONAL INFORMATION
"Your Information" includes any information you provide to us through your use of the website including, without limitation, the information provided in the "Manage My Account" and "Sign-up" areas. With respect to Your Information, you agree that Your Information provided to us is true, accurate, correct and complete and that you will notify us immediately of any changes to it. You agree not to misrepresent your identity, impersonate any other person or entity, or provide incorrect information about your self, as to your location, or relevant to your right to use the website. We reserve the right to cancel any reward or prize otherwise obtainable by you in the event that Your Information does not satisfy the terms and conditions of this Agreement.
Collection and Use of Your Information - You agree that we and our affiliates may collect and use your personal information gathered through your use of the site. Onceanhour may use this information to improve our products and/or services, to provide customized services or technologies to you, or enhance our ability to communicate with you. Onceanhour may disclose this information to others, but not in a form that personally identifies you (e.g. through statistics that do not identify any specific individual).
You acknowledge, consent and agree that onceanhour may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of onceanhour, its users and the public.
You consent to the collection and use of your personal information on the terms set out in this Agreement and in the onceanhour privacy policy available on the website (Link to Privacy Policy).
MEMBER CODE OF CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not onceanhour, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Onceanhour does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will onceanhour be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a onceanhour official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. 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 nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian , Canadian or U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian , Canadian or United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users.
You acknowledge that onceanhour may or may not pre-screen Content, but that onceanhour and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, onceanhour and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by onceanhour or submitted to onceanhour, including without limitation information in onceanhour Message Boards and in all other parts of the Service.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by onceanhour and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Onceanhour does not claim ownership of Content you submit or make available for inclusion on the discussion forums or chat rooms. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant onceanhour the following worldwide, royalty-free and non-exclusive license(s), as applicable:
* With respect to Content you submit or make available for inclusion on publicly accessible areas of the discussion forums or chat rooms, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific discussion forums or chat rooms to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or onceanhour removes such Content from the Service.
* With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the website, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or onceanhour removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than the discussion forums or chat rooms, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the onceanhour network of properties that are intended by onceanhour to be viewable by any registered member of onceanhour or by the general public. Private communications between members are not considered to be publicly accessible.
INDEMNITY
You agree to indemnify and hold onceanhour and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that onceanhour may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on onceanhour's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that onceanhour has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that onceanhour reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that onceanhour reserves the right to modify these general practices and limits from time to time.
PRIVACY POLICY
Onceanhour wants to protect your privacy and respects your concerns about how we may gather, use and disclose your personal information. Our collection, use and disclosure of your personal information is governed by our Privacy Policy which is incorporated by reference and forms part of this Agreement.
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