Unless otherwise defined, all capitalized terms used in this disclaimer policy (“Disclaimer Policy”) shall have the meaning given to them in the Client / Guest Agreement (“Agreement”) and the respective Terms of Service (TOS).
In addition to acceptance of the terms and conditions provided for under the Agreement, the TOS for a particular Service and Amendments that may be made from time to time, You are required to accept the terms and conditions contained in this Disclaimer Policy to avail of any Service through www.gamedar.com. All terms and conditions of the Agreement are incorporated by reference in this Disclaimer Policy and shall be deemed to be a part of this Disclaimer Policy.
- All information posted on www.gamedar.com, including but not limited to, the information, terms, conditions and descriptions that appear, are provided on an “AS IS” and “AS AVAILABLE” basis and are without any warranty or guarantee or undertaking by Gamedar LLC.
- GAMEDAR, shall in no event be liable for inability/default under any applicable law(s), including those relating to Contract, Torts, Consumer Protection or any Civil or Criminal Laws, if it fails to provide the Services made available through www.gamedar.com due to any government restrictions or regulations or any unforeseen circumstances not within the reasonable control of GAMEDAR including strikes, war, natural calamities, acts of God or other events of force majeure.
- All communications between You and GAMEDAR will be deemed to have occurred during the corresponding Pacific Standard Time (“PST”).
- GAMEDAR reserves every right to update or modify this Disclaimer policy from time to time. Such modifications shall be reflected in the Amendments posted on www.gamedar.com from time to time.
- No representation or warranty, direct or implied, is made as to the accuracy, correctness or completeness of any information contained in this Disclaimer Policy or on www.gamedar.com and the same is subject to errors and omissions. All such information must be independently verified by You and You shall defend, indemnify and hold harmless GAMEDAR against all claims in this regard.
- Not all products and Services are available in all geographical areas. Eligibility of the Beneficiary for particular products and Services as offered through www.gamedar.com from time to time is subject to the sole discretion of GAMEDAR.
- All contents included on www.gamedar.com are the property of GAMEDAR and are protected by international copyright laws. Any copying, unless expressly agreed to by GAMEDAR in writing in accordance with Clause 8 below, whether for commercial purposes or otherwise shall be unauthorized and is prohibited and would be in violation of intellectual property rights of GAMEDAR. GAMEDAR reserves the right to initiate such proceedings/actions as may be necessary to protect its intellectual property rights.
- www.gamedar.com or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GAMEDAR, which may be given or withheld at the sole discretion of GAMEDAR. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GAMEDAR or its affiliates without express written consent of GAMEDAR, which may be given or withheld at the sole discretion of GAMEDAR. You shall not use any meta tags or any other “hidden text” utilizing GAMEDAR name or trademarks without the prior express written consent of GAMEDAR.
- If You use www.gamedar.com, You shall be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and You shall at all times assume all responsibility for all activities that occur under your account or password. Any damage, monetary or otherwise or any loss resulting due to misuse of your personal information shall be to your account and shall be borne exclusively by You.
- Unauthorized duplication, copying, visit or otherwise modification of any information on www.gamedar.com may result in civil and criminal prosecution.
- You have agreed not to hold GAMEDAR liable to any direct or indirect or consequential damage resulting from using www.gamedar.com.
- Links to any other sites on www.gamedar.com are not in any manner whatsoever endorsements by GAMEDAR of any such sites or otherwise of their respective content.
- Transmissions to or from www.gamedar.com may be intercepted and modified by third parties and hence files obtained from or through www.gamedar.com may contain computer viruses, spy ware or such other defects. GAMEDAR shall not be responsible for any damage resulting out of such events and You shall defend, indemnify and hold harmless GAMEDAR against all claims in this regard.
- GAMEDAR declares that it has entered into written agreements and arrangements with all Service Providers and vendors whereby GAMEDAR is not liable for any deficiency in Services and quality control of the products and shall not be held responsible if the Service quality and/or product description does not meet your expectations or the expectations of other beneficiaries.
- In no event shall GAMEDAR, its affiliates, licensors, employees or agents be liable to You for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from use of or caused by www.gamedar.com, its public posting bulletin boards, its content or any errors or omissions in its content.
- You acknowledge that You have read this Disclaimer Policy and agree to all its terms and conditions. You have independently evaluated the desirability and consequences of availing the Services on www.gamedar.com and are not relying on any representation, guarantee or statements other than as set out on www.gamedar.com.
- In an effort to provide you with the most current information GAMEDAR will, from time to time, make changes in the contents and in the products or services described on the Website. Prices and the availability of items are subject to change without notice. Prices of products displayed on the Website may not be indicative of the actual selling prices in your area. It is clarified that GAMEDAR charge only in American Dollars and the product/goods price are being captured at standard rate. However, USD price are only indicative, which are always subject to foreign exchange fluctuation, and shall not be construed as final by YOU as the actual capturing of the amount from Your credit card may vary from time to time. Further, You agree to bear the amount difference arising due to foreign exchange fluctuation. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors.
Any dispute or controversy arising out of or concerned with the TOS shall be referred for adjudication to a Sole Arbitrator to be appointed by Gamedar LLC (the parent company), the said Sole Arbitrator may be an employee or ex-employee of Gamedar LLC or any of its sister/associates concern(s). You hereby approve of and grant your consent to this. The Sole Arbitrator shall follow the procedure as provided in any Arbitration & Conciliation Act of the United States of America, as amended from time to time and the award by the Sole Arbitrator shall be final and binding upon the parties. The seat of Sole Arbitrator shall be at Los Angeles, California (USA) or any LA County Court and all proceedings shall be conducted in English
- GOVERNING LAW AND JURISDICTION
- This TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of law principles.
- Subject to the Arbitration Clause above, the Courts of competent jurisdiction at Los Angeles only shall have exclusive jurisdiction over the subject matter.
- If any provisions(s) of this TOS is held by a court of competent jurisdiction to be contrary to applicable law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
- Gamedar’s failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SCH in writing.
- The section titles in this TOS are solely used for the convenience of the parties and shall not be taken into account for the purposes of interpretation or construction.
- If any term or provision of this Agreement or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be, held invalid.