Terms and Conditions

 

Theterms and conditions of this Agreement (“Agreement”) governs the relationship between you and SARLIGHT GAMING India Private Limited, having its registered office at 202, Satyadev plaza, Fun Republic Lane, Veera Desai Industrial Estate,Andheri West,Mumbai - 400053. 

Before accessing, using or registering for the services, websites, games, software, offers, deals, support services,customer services, redemption services and other services provided by STARLIGHT GAMING(“Services”) for the purpose of this Agreement provided by STARLIGHT GAMING, please read carefully of the Terms (“Terms”) of the Services provided by STARLIGHT GAMING.For the avoidance of doubt, the Terms shall include but not limited to the Privacy Policy, Rules of Conduct, Terms of Services, supplemental agreements and any notices, contractual clauses, consent clauses of STARLIGHT GAMING. The Terms shall apply to all Services provided by STARLIGHT GAMING unless expressly otherwise, and is provided to you on the basis of your acceptance without the modification of the terms and conditions in this Agreement. 

The Terms govern the relationship between you and STARLIGHT GAMING and for the Services you use and the rights granted to you, as may be amended from time to time, you will be deemed to have accepted the changes made by continuing use the Services. Shall you at any point, do not agree to the Terms of the Services, the License (see definition below) provided to you shall be terminated immediately, and you shall cease using the Services provided by STARLIGHT GAMING.

 

1.    License

1.1    Subject to your consent and compliance with the Terms, STARLIGHT GAMING hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license for you to access anduse of the Servicesprovided by STARLIGHT GAMING.

 

1.2    The License granted to you is for your own entertainment purpose, you are not allowed to use the Services to advertise, solicit or transmit any commercial advertisements or engage any commercial behavior with any third party.

 

1.3    You shall be 18 years of age and as an individual user to use the Services and exercise the License granted by STARLIGHT GAMING; for users over 13 years of age and not over the age of 18 years, the Services may be used under the supervision of a parent or legal guardian who agrees to be bound by the Terms. STARLIGHT GAMING reserves the right to terminate or refuse to enter this Agreement if you are a minor.
 

 

2.    Account

2.1    To use the Services provided by STARLIGHT GAMING, you may be required to create an Account for your own, or you may use other credentials to access the Account.

 

2.2    Creating an Account may require you to provide your username, password and certain personal information, which may include your full name, date of birth, e-mail address, address, phone number and payment information. The personal information you provided will be used, processed and used according to the Privacy Policy of STARLIGHT GAMING.

 

2.3    Under no circumstance, you may not share or assign your account or any login information to any third party, nor allow any third party other than yourself gain access to your account, or anything that might jeopardize the security of your Account.

 

2.4    You are solely responsible for maintaining your Account and login information and keeping it confidential, and will be responsible for all uses of the Account, including but not limited to purchasing for the Services provided by STARLIGHT GAMING, modify or update the contents of your Account and anything that happens through your account, whether or not authorized by you. Should you become aware or reasonably suspect any breach of security or any unauthorized use of your Account, you must immediately notify STARLIGHT GAMING and modify your login information. 

 

2.5    You warrant that any information you provided to establish your Account in order to use the Services is complete and does not contain any incorrect or false information. STARLIGHT GAMING is not obligated to check or verify the truthfulness of such information. STARLIGHT GAMING is not responsible for any outcome or consequence incurred due to the information you provide is false or incorrect. However, shall STARLIGHT GAMING deem necessary under the Terms set forth in this Agreement, or is obligated under applicable laws and regulations, STARLIGHT GAMING may, at any time, require you to provide additional documentation and proofs to verify the truthfulness and correctness of the information you provided.

 

 

3.    License Limitation

3.1    STARLIGHT GAMING reserves the right to revoke    the License granted to you or suspend access of your Account, and may subject you to liability for violations of law, under the following circumstances:

(1)    Engage any act that STARLIGHT GAMING deems to be in conflict with the spirit or intent of the Service or make improper use of the Services.

(2)    Use or take part (whether directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to interfere, disrupt, overburden with the Services provided by STARLIGHT GAMING, or in any way that may negatively affect other users’ experience when using the Services.

(3)    Use of unauthorized software that gains access, intercepts, or otherwise collects information from or through the Services.

(4)    Copy, modify or distribute the copyrights or trademarks owned or licensed to STARLIGHT GAMING; or use any method to copy or distribute the contents of the Services except as specifically allowed in these Terms.

(5)    Use, facilitate, create, or maintain any unauthorized connection to the Services, include but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; (ii) any connection using programs, tools or software not expressly approved by STARLIGHT GAMING.

(6)    Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services.

(7)    Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or nay other person’s use or enjoyment of the Services.

(8)    Attempt to gain unauthorized access to the Services, Accounts registered to others, servers or networks connected to STARLIGHT GAMING by any way other than the ones provided by STARLIGHT GAMING.

(9)    Reverse engineer, decompile, disassemble, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by STARLIGHT GAMING.

(10)    Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

(11)    Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

(12)    Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including STARLIGHT GAMING employees.

(13)    Make any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, include but not limited to STARLIGHT GAMING employees.

(14)    Solicit or attempt to solicit your Account or login information or any other login credentials or personal information to/from other users.

(15)    Any intentional or unintentional behavior, or to promote such behaviors that may violate any applicable law or regulation.
 

3.2    Without limiting other remedies, STARLIGHT GAMING may limit, suspend, terminate, modify, or delete Accounts or access to the Services or portions thereof if you are, or STARLIGHT GAMING suspects you are, failing to comply with any of these Terms, applicable laws and regulations, or for any actual or suspected illegal or improper use of the Services, with or without notice to you. The username, persona in the Services, benefits, privileges, earned items and purchased items associated with your use of the Services can be lost due to the limitation, suspension, termination, modification or deletion of your Account or access to the Services. STARLIGHT GAMING is under no obligation to compensate you for such losses or results.
 

3.3    Without limiting other remedies, STARLIGHT GAMING may take technical and legal steps to prevent users from using the Services, shall STARLIGHT GAMING believe it can create risk or possible legal liabilities, infringing intellectual rights of any third party or failing to comply with these Terms or applicable laws and regulations.
 

3.4    STARLIGHT GAMING reserves the right to stop offering and/or supporting the Services or portions thereof at any time, at which point the License to use the Services or a part thereof will be automatically terminated. In such event, STARLIGHT GAMING shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
 

3.5    You may terminate the Services at any time and for any reason.
 

 

4.    Ownership

4.1    All rights including but not limited to proprietary rights, copyrights, trademark rights, title and interest in and to the Services provided by STARLIGHT GAMING are owned or legally licensed to STARLIGHT GAMING.
 

4.2    Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account you created, and you further acknowledge and agree that all rights in and to the Account (except any personal information therein) are and shall forever be owned by STARLIGHT GAMING. You agree that you have no right or title in or to any content that appears in the Services, including but not limited to the virtual goods or currency appearing or originating in the Services, whether earned through the Services or purchased from STARLIGHT GAMING using the Services, or any other attributes associated with an Account or stored on the Services.
 

 

5.    User Contents
 

5.1    User contents (“User Content”) means any communications, images, sounds, and all the material, data, and information that you or other users upload or transmit by using the Services. You warrant that such User Contents are accurate and non-confidential, not misleading, not in violation of applicable laws and regulations, will not infringe the rights of others, and are free of viruses, adware, spyware, worms or other malicious code.
 

5.2    You acknowledge and agree that any of your personal information within the User Contents will at all times be collected and processed by STARLIGHT GAMING in accordance to the STARLIGHT GAMING’s Privacy Policy. STARLIGHT GAMING may collect or record the User Contents under the Terms of this Agreement and applicable laws and regulations, by entering this Agreement with STARLIGHT GAMING, you hereby provide your unconditional, irrevocable consent to such collection and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including but not limited to chat text or voice communications.
 

5.3    STARLIGHT GAMING is not responsible for the User Contents, and cannot monitor every User Content. By using the Services, you acknowledge that you may be exposed to User Contents that may be offensive, indecent, or otherwise affect your experience, you shall bear the risks associated with the use of any User Content in connection with the Services; and you shall be responsible for the information that you provide in the User Contents when using the Services.
 

5.4    STARLIGHT GAMING reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice to any person or for no reason at any time. However, such actions are the right under STARLIGHT GAMING’s sole discretion, not obligation.
 

5.5    You hereby grant STARLIGHT GAMING an unconditional, irrevocable, perpetual, transferable, fully paid-up, royalty-free, sub-licensable, assignable and worldwide license 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, display and exploit in any way with User Content (except for your personal information) under applicable laws and regulations.
 

 

6.    The Services provided by STARLIGHT GAMING may contain links to other third party websites, these linked websites are not under the control of STARLIGHT GAMING, and STARLIGHT GAMING is not responsible for the contents provided by these linked websites. STARLIGHT GAMING only provides these links to you as a convenience, and the inclusion of any link does not imply endorsement by STARLIGHT GAMING or any association with its creators/operators.
 

 

7.    Purchases and Payments

7.1    In the Services, unless expressly otherwise by STARLIGHT GAMING, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual currency” with “real world” money for “virtual items”.

7.2    STARLIGHT GAMING may manage, regulate, control, modify or eliminate virtual items at any time, with or without notice to you. STARLIGHT GAMING is not liable to you or any third party when exercising such rights.

7.3    You agree to make payments and bear applicable taxes incurred through your Account. STARLIGHT GAMING may at its own discretion, adjust the pricing for the virtual currency or virtual items. You acknowledge that STARLIGHT GAMING is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual currency or virtual items when this Agreement is terminated according to the Terms of this Agreement.
 

 

8.    You understand that STARLIGHT GAMING may update the Services from time to time, you acknowledge and agree to such updates to the Services, with or without notifying you. You may need to update third party software from time to time in order to experience the Services.
 

 

9.    Disclaimer of warranties and Limited Liability
 

9.1    WITHOUT LIMITING STARLIGHT’S LIABILITY UNDER SECTION 9.2, THE SERVICES PROVIDED BY STARLIGHT OR ITS AFFILIATES, TO THE MAXIMUM EXTENT BY LAW, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF SUITIBILITY, RELIABILITY, AVAILABILITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT FOR PROPRIETARY RIGHTS, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WHETHER ORAL OR WRITTEN, DOES NOT MAKE STARLIGHT WARRANT TO YOU THAT, YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES STARLIGHT WARRANT THAT THE DEFECTS OF THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 

9.2    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARLIGHT WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU INCLUDING BUT NOT LIMITED TO, ANY LOASS OF REVENUE, LOST PROFITS, OR LOSS OF BUSINESS, LOST DATA, CONSENQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE EXEMPLARY DAMAGES OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF THE SERVICES OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STARLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, STARLIGHT SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO STARLIGHT IN ACCORDANCE WITH THE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECENDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO STARLIGHT DURING SUCH TIME PERIOD, YOUR SOLE REMEDY FOR ANY DISPUTE WITH STARLIGHT IS TO STOP USING THE SERVICES AND TO TERMINATE YOUR ACCOUNT.
 

9.3    You agree to indemnify, defend and hold STARLIGHT GAMING and its affiliates, directors, officers, agents and employees harmless from any claim, demand, damages or other losses, including reasonable attorney fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach of the Terms.
 

 

10.    You and STARLIGHT GAMING agree that if any portion of the Terms is found illegal or unenforceable, in whole or in part by any competent jurisdiction, such provision shall as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
 

 

11.    Any waiver of the provisions of the Terms must be in writing to be effective. Failure, neglect, or delay by STARLIGHT GAMING to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed as a waiver of STARLIGHT GAMING’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice the STARLIGHT GAMING’s right to take subsequent action. Exercise or enforcement by STARLIGHT GAMING of any right or remedy under this Agreement will not preclude the enforcement by STARLIGHT GAMING of any other right or remedy under this Agreement or that STARLIGHT GAMING is entitled by laws to enforce.
 

 

12.    You acknowledge and agree to waive all rights to seek injunction or other equitable relief, or to enjoin or restrain the operation of the Services provided by STARLIGHT GAMING, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).
 

 

13.    STARLIGHT GAMING reserves the right, in its sole discretion, to change the Terms of this Agreement. The most current version of the Terms will supersede all previous versions. STARLIGHT GAMING encourages you to periodically review the Terms to stay informed of our updates.
 

 

14.    Headings are used in this Agreement for reference only and will not be considered when interpreting this Agreement.
 

 

15.    Upon termination of this Agreement, any provision which, by its nature or express terms should survive.
 

 

16.    You agree that any claim or dispute you may have against STARLIGHT GAMING or its affiliates must be resolved by the court having jurisdiction in the location of STARLIGHT GAMING. This Agreement shall be governed by Indian law.
 

 

17.    The Terms, any supplemental policy and document expressly incorporated by reference under this Agreement (includes STARLIGHT GAMING’s Privacy Policy), constitute the entire understanding between you and STARLIGHT GAMING, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.