TERMS OF USE

Last updated July 5, 2022

Please read the following carefully

These terms and conditions (“Terms and Conditions”, “Agreement”) control your use of this website isapota.com (“Website”, “Site”), our products (“Products”), our services and email communication to @isapota.com domain. These are legally binding terms for “Services” which include, but not limited to, iSapota’s games, desktop applications, products, content, websites, forums, email communications to @isapota.com domain and other related services. In these Terms and Conditions, “iSapota” is referred to as the “Company”,”our”, “us,” or “we.” “You” refers to a user or a paying customer. If you are a company or another person who gives access to company products, you agree to take responsibility in full in case of damages or indemnification that could properly lie against the customer. These Terms govern our relationship with you (and vice versa), it does not create any rights for anyone else.

All the Services of iSapota are owned, operated and maintained, as applicable, by iSapota. The ‘Products’ include, but not limited to, everything mentioned in the Products section of our website including games and desktop applications. By (a) using or accessing the Services, including, but not limited to downloading or accessing, (b) offering a Course through the Services, (c) playing games included in the Services; you agree to the terms and conditions set forth in these Terms of Use (the “Terms”)

By accessing or using the Services, You agree and warrant that you have read, understood, and agreed to be bound by these terms. Company’s privacy policy can be found at privacy policy. If you do not accept these terms, you must not use – and are not authorized to use – all or any portion of the Services.

1) Limited License:

Limited License Grant - Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own non-commercial purposes. You agree not to use the Services for any other purpose. This license is for your personal non-commercial use only (so you cannot give, ‘sell’, lend, gift, assign, sublicense or otherwise transfer it to someone else) and does not give you any ownership rights in the Services. You do not receive any other license. We own and continue to own all of our Services including (but not limited to) all copyrights, computer codes, characters, etc.

Eligibility – You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.

Registration and Your Information – It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.

2) User Content

We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us video footage, materials, data, information, communications, pictures and sounds using the Services (“User Content”).

As a user, you are personally and solely responsible for all information posted and/or sent, transmitted, or provided to others by you in connection with our Services, including but not limited to User Content posted in forums, blogs, and player chat features. Please do not use these mediums to share or post information you wish to remain confidential. You represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or rights of others, that you have the appropriate permissions or rights from any third parties whose information or intellectual property is comprised in the User Content, and that such User Content is free of malware, viruses, adware, spyware or any malicious code. You agree not to submit and/or transmit any User Content that is unlawful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate. We do not assume any liability or responsibility for any user behavior or for monitoring User Content or conduct in connection with the Services. We may, but are not obligated to, test, review, monitor, reject, deny, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you. Any decisions we make regarding any game-related submissions made via the Site will be at our sole discretion.

3) Code of Conduct:

When you access or use any Service, you agree that you will not:

  • Violate any law, rule or regulation;you must respect the terms and conditions and follow the privacy policy.
  • Interfere with or disrupt another player’s use of a Service. This includes disrupting the normal flow of game play, chat or dialogue within a Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
  • Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted or otherwise infringes their rights, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
  • Contribute User Content or organize or participate in any activity or group that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
  • Publish, post, upload or distribute User Content or content that is illegal or that you don’t have permission to freely distribute.
  • Publish, post, upload or distribute any form of User Content that violates regulatory, governmental, legal or operator related laws.
  • Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that iSapota (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
  • Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
  • Upload, install, transfer files which are protected by Intellectual Property Laws or software which affect other computers
  • Edit HTML source code, reverse engineer or attempt to hack
  • Impersonate another person or falsely imply that you are an iSapota employee or representative.
  • Improperly use in-game support or complaint buttons or make false reports to iSapota staff.
  • Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Services.
  • Make use of any payment methods to access or purchase Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offense or other unlawful activity.
  • Use any robot, spider or other automated device or process to access the Services for any purpose or copy any material on the Services
  • Access or attempt to access areas of the Services or servers that have not been made available to the public.
  • Intercept, mine or otherwise collect any data or information from the Services, other people using the Services, including, but not limited to using unauthorized third-party software or use of pixel tags, cookies GIFs or similar items sometimes also referred to as spyware.
  • Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
  • Modify any file or any other part of the Services that iSapota does not specifically authorize you to modify.
  • Use exploits, cheats, undocumented features, design errors or problems in a Service.
  • Use or distribute counterfeit software or content, including virtual goods.
  • Use any of the digital images or logos from the Services. In case of copyright issues, there has to be a written consent from the trademark owner.
  • Attempt to use a Service on or through any service that is not controlled or authorized by iSapota.
  • Sell, buy, trade or otherwise transfer or offer to transfer your iSapota account, any personal access to the Services, including iSapota Virtual Goods and other entitlements, either within a Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by iSapota.
  • Use a Service in a country in which iSapota is prohibited from offering such services under applicable export control laws.
  • If a Service requires you to create a “username” or a “persona” to represent you in game and online, you should not use your real name and may not use a username or persona that is used by someone else or that iSapota determines is vulgar or offensive or violates someone else’s rights.
  • Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of a Service.
  • Use information about users publicly available in any Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
  • Copy, distribute and indulge in plagiarism with Service content or user-submitted content
  • Overburden, Interfere with or disrupt any Service or any server or network used to support or provide a Service, including any hacking or cracking into a Service, via tunneling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with iSapota software, through protocol emulation or through creation or use of private servers or any analogous services regarding the Services.
  • Use any software or program that damages, interferes with or disrupts a Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
  • Promote, encourage or take part in any prohibited activity described above.

Failure to comply with this Code of Conduct may result in the suspension of your account and access to the Services, and/or subject you to any of the penalties identified below

Under no situations or circumstances, the company will be liable for any change in the content which it provides in the Services, including but not limited to any errors, omissions, loss or damage experienced in connection with the use of exposure, any content made available via our products, services or various resources such as email, blog etc. Most of our Services are free to any user with access to the internet. However, we are not responsible for the charges incurred for the use of hardware, software or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access. You will be required to use login credentials for some parts of the Services and the company reserves the right to block access to our Services for any user who does not follow these conditions. We make sure that users get uninterrupted access to our service, but there is no obligation to do so. iSapota is not responsible and is not obligated for issues in your network or server beyond certain limits.

4) Your Interactions with Other Users

You are solely responsible for your interactions with other players with whom you interact through any Services. If you have a problem with another player, we are not required to get involved, but we can if we desire. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting iSapota access to any portion of your account.

If you have a dispute with another player, you release iSapota (and our employees, officers, directors, agents, affiliates and joint ventures) from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.

If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.

5) Payment Terms

In-Services purchases.

iSapota may license to you certain virtual goods to be used within the Services and which you may purchase with real money or which you may earn or redeem via gameplay (“Virtual Items”, “Virtual Goods”). When you obtain such Virtual Items from iSapota or its authorized designee, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable Service and solely for non-commercial use. We are the sole provider and issuing authority regarding Virtual Items and only the Services’ users can use them.

When you purchase Virtual Items in our Games on third-party platforms such as Facebook, Apple or Google, iSapota is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information.

For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins. You agree to not attempt to copy, rent, sell, lend, lease, sublicense, distribute, publish or publicly display the Services, Virtual Currency or Virtual Items, any user account or any of your rights under these Terms to any other party in any way not expressly authorized herein.

For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:

  1. agree that we will supply the Virtual Items to you as soon as we have accepted your order; and,
  2. if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.

You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license. Virtual Items and Virtual Currency are digital items only with no cash value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for other Virtual Items, Virtual Currency, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Items or Currency is prohibited (unless we specifically permit otherwise in the Services). Your right to use any Virtual Items and Virtual Currency that you obtain is limited to a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to use such Virtual Items and Virtual Currency solely for your personal entertainment and non-commercial use in the Services only. You have no property interest or right or title in any Virtual Items or Virtual Currency, which remain iSapota’s property. iSapota reserves the right to reverse, change or amend Virtual Items or Virtual Currency transactions or other matters, if necessary, to protect the Services and/or to enforce these Terms. In order to protect the Services, users and to stop fraud, we may impose limits on use of Virtual Items and Virtual Currency (including transaction limits and balance amounts).Virtual Items and Virtual Currency do not expire, but we reserve the right to change or amend that if necessary. We are not obliged to provide Virtual Items or Virtual Currency to you. iSapota reserves the right to revoke from users (without notice or compensation) any Virtual Items and/or Virtual Currency that have been obtained by users by way of (for example) bug, hack or exploitation of the Services or promotional offers.

ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT ISAPOTA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH OUR SITE OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE AND NON-TRANSFERABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

Additional Payment Terms:

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. iSapota may revise the pricing for the Virtual Items it licenses to you through the Services at any time. iSapota may modify or eliminate Virtual Items at any time, with or without notice. Virtual Items cannot be sold, traded, transferred, or exchanged for cash. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun and your account is provided with access to the Services, Virtual Goods and/or Virtual Currency. You agree that the supply of the Services, Virtual Goods and/or Virtual Currency and the performance of services begins immediately after you complete your purchase. Therefore, once access to the Services, Virtual Goods and/or Virtual Currency has been enabled on your account, the contract has been fully performed by us.

Subscriptions

Some of iSapota’s Games may offer subscription-based Services. If you purchase a subscription, then by clicking the purchase button you are requesting that we begin supplying the subscription Services immediately and you are entering into a monthly subscription contract with iSapota. You are also authorizing a charge to you on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with your account. For subscription Services purchased in a iSapota Game played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.

Trial subscriptions are offered free of charge for a certain period of time from activation specified in the relevant trial offer in the Game. If you do not cancel the subscription within such trial period, the trial subscription will automatically convert into a paid subscription for the fees and for the subscription period set out in the Game at the time of the activation of the trial period. You may cancel a subscription during its free trial period using the subscription setting of your account. Any paid subscription you activate begins immediately from the activation of such paid subscription and not after the expiration of any trial period. Any unused trial period will therefore be forfeited if a subscription is activated prior to the expiration of such trial period.

Your subscription will automatically renew each subscription period unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews, otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. You are responsible for the timely payment of all fees and for providing iSapota with valid credit card or payment account details for payment of all fees. In case the subscription fee cannot be taken from your account due to absence of monetary funds, invalidity of credit card or for any other reason, your subscription will be automatically canceled.

Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency, the actual amount may fluctuate based on currency exchange rates without notice to you. The charges will be applied to the payment instrument or method you provide when you start your subscription (or to a different payment instrument or method, if you change your account information). Please note that prices and charges are subject to change. If we make a change to the monthly subscription rate in U.S. Dollars, we will notify you of such change in advance.

Once you have purchased a subscription, you cannot cancel your subscription for the current subscription period as that is activated as soon as you purchase a subscription. However, you may cancel your subscription for the next subscription period as follows: you can manage and cancel your subscription at any time in your Account Settings in the AppStore or PlayStore. For iOS subscriptions, please see Apple’s support page https://support.apple.com/en-gb/HT202039. For Google Play subscriptions, please see Google Play’s support page https://support.google.com/googleplay/answer/7018481?hl=en-GB&co=GENIE.Platform%3DAndroid. Except where required by applicable law, paid subscription fees are non-refundable

iSapota in its sole discretion and at any time may modify the subscription fee. Any subscription fee change will become effective at the end of the then-current subscription period. You will be provided reasonable prior notice of any change in subscription fee. If you do not take action to agree to the increase in subscription fee, your subscription shall expire at the end of the then-current subscription period.

7) Privacy

We are concerned about your privacy, just as yourself. This makes us committed to safeguarding your privacy. Any information that you share with us is safe and is used as per our privacy policy. Use of our Services after knowing our policies authorizes us to use the information obtained. All Services content or information that can be seen, heard or otherwise experienced on the Services is copyrighted and belongs to iSapota or its partners, affiliates or third parties. You may use the Services for your own personal, non-commercial use only. You may download and print the available, designated material for your own personal, non-commercial use only. You will not transfer any information from the Services or produce derivative work which you can display, distribute or transmit. You may not mirror or frame the home page or any other pages of this Site on any other website or web page, not link to iSapota pages and subpages with spam links/anchor text which could provide a false impression, not use or include copyrighted or registered trademarks, or Intellectual property images, design or content as a link to iSapota website, not link to pages which support racism, terrorism and not link to pages which provide pornographic content and violate human rights.

8) Copyright and Intellectual Property

Except for the limited license granted above, we and our licensors retain all right, title and interest in and to the Services, including the technology and software used to provide the Services. The Site, Products and Services are protected by copyright, trademark and other laws. If you violate these Terms, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms (including by seeking injunctive relief). In addition, you agree not to duplicate, modify, publish, create derivative works of, decompile, or otherwise attempt to extract source code from the Services.

We appreciate your feedback and suggestions, but we may choose not to use or accept them at our discretion. In any event the feedback/suggestions will be received by us without any obligations or liability to you.If you provide us with any suggestions for enhancement or feedback regarding the Services or User Content, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform such suggestions, feedback and User Content, including by incorporating your suggestions or feedback in the Services, without further notice or any obligation to compensate you in any form. Except where prohibited by law, you forfeit any claim or right to attribution or credit for your user-generated content, even in situations in which the content is ultimately changed, altered or modified in any way. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions or feedback.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. The privacy policy and terms of use of the sites that you visit will administer that material.

You can terminate these Terms by permanently stopping the access and use of the Services at any time. Termination will not affect already existing rights or obligations of us or you. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. Termination includes losing access to Virtual Items and Virtual Currency in the Services. If iSapota decides itself to stop providing the Services permanently, then we will try to give you at least thirty (30) days’ notice by posting an update on the applicable website. After that time period, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities)

Claims of Intellectual Property Violations

If you believe that your work has been used without your permission in a way which prompts for copyright infringement, please provide us with the below information and we will act on it.

  • The authorized person who will act on behalf of the owner of the copyright should send a digital or physical signature
  • A description of the copyrighted work that you claim to be infringing your IP.
  • A description of where and how the material that you claim is infringing is located on the iSapota Services, with enough detail that we may find it on the Services.
  • Contact Details – Address, telephone number, and email address.
  • A statement by you, that the information which you provided is accurate and your claim of the copyright or intellectual property is on your owner’s behalf
  • You can reach iSapota to notify your claims of copyright by email – contact@isapota.com

9) Transaction Terms

  • To make a transaction on isapota.com website, you are bound to pay for that transaction.
  • Please pay close attention to your payment details such as the total bill, taxes, shipping costs, discounts.
  • There are certain products which require additional terms and conditions which you have to agree to before you make the purchase.

WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH ISAPOTA.

Mobile & Other Devices

In case you’re using iSapota from a mobile or a similar device, you also need to agree to a different set of terms & conditions known as “Mobile Terms”.

  • You are liable to be charged by your service provider for the use of data while using our Services.
  • The Services may be interrupted due to various concerns like restrictions from products, coverage, software or the service charges.

Your accessing of our Services using a mobile device is an acceptance of our mobile terms in addition to our regular terms and conditions.

Force Majeure

If unforeseen events beyond your or our control take place, then neither of us will be liable to the other for any obligations which cannot be performed. Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.

“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, fire, flood, or storm or default of suppliers or sub-contractors.

Representation, Warranties & Convents

Using our Services, you represent and warrant the following:

  • You are 18 or older in age & competent to form a Contract with iSapota based on the Terms of Use.If you are below 18 (or the legal age in your country), you agree that this terms of use has been agreed upon by a Parent or Guardian before use of our Services.
  • You are above the requisite age of registering an account on the Services. In case you are not of the required age, you would need the supervision or involvement of your legal guardian.
  • Liable to pay all the data charges, service fees, and all other costs associated for accessing the Services. This will include software and hardware requirements.

You hereby represent, warrant and promise that you and iSapota have the authority to enter into the agreement with respect to the terms of use, perform its obligations and by this, either of the two doesn’t violate any contractual relationship or applicable laws. All prices, products and offers of iSapota Services are subject to change without notice. While we make sure to provide the most accurate and up-to-date information, in some cases one or more items on our Services may be priced incorrectly. This might happen due to human errors, digital images, technical error or a mismatch in pricing information received from our suppliers. iSapota reserves the right to change prices for all our products, offers or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements and other mitigating circumstances. However, the price you paid at the time of purchase still holds for you.

No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon iSapota unless agreed to by iSapota in writing. iSapota reserves the right to modify, change without prior notice and in its sole discretion, to limit the order quantity on any item and to refuse service to anyone. iSapota may change, modify or even eliminate any content or feature from the Services at any time without the need of issuing a prior notice or having any liability. If you are not happy with the service related modifications, you are free to cease the use of the Services. Also, we are not liable if the Services are unavailable at any time for any reason.

Indemnity

If you violate the law or breach these Terms, and your violation or breach results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OR AVAILABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE IN THE SERVICES.

Limitation of Liability

YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF ISAPOTA, INCLUDING LEGAL FEES AND EXPENSES, IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID ISAPOTA ANY AMOUNT IN SUCH THREE (3) MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ISAPOTA IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT IF YOU HAVE ONE.

The Company will not be liable for any direct, indirect, special, incidental or consequential damage that may result from:

  • The use, abuse or failure to use the service.
  • Any costs involved in procuring substitute services or any services obtained purchased or transactions made on/from the Service.
  • Any unauthorized form of access to your data, transmission or confidential information.
  • The application of any liability from any third party on any of the Company’s products or any other matter related to Company’s own products.

Certain jurisdictions do not allow some of the exclusion of certain warranties and liability set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights. To the extent that iSapota may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of iSapota’s liability will be the minimum permitted under such applicable law.

You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one year after such claim arose; otherwise your claim is permanently barred.

These Terms and any action related thereto will be governed by the laws of Republic of India without regard to its choice of law or conflict of law principles. Further, you and we agree to the jurisdiction of the courts in Coimbatore, Tamil Nadu to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services (and any non-contractual disputes/claims relating to or arising in connection with them).

10) Dispute Resolution

If you are having a problem with a Service, many issues can be resolved on one of our forums. You may find resolution by clicking on the “Support” or “Contact Us” link on that Service within settings or emailing support@isapota.com. Before initiating any arbitration or court proceeding, first contact our support team to address your issue. Most disputes can be resolved that way.

Agreement to Arbitrate; Class Action and Representative Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

Overview

In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, or your use of the Services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at support@isapota.com. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section 10 explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.

Severability

This Section applies to the maximum extent permitted by applicable law. In the event that any portion of this Section is deemed illegal or unenforceable, such provision will be severed and the remainder of this Section will be given full force and effect.

If there is a determination that applicable law precludes the arbitration of to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

Agreement to Arbitrate; Exceptions

If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD THE GAME, YOUR USE OF THE GAME, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using the Services, delete your account for the Services or delete the Services (including games/products) application from your mobile device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.

An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY WITHOUT GOING TO ARBITRATION.

Section 10 does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

With respect to any controversy arising out of clauses relating to this Terms of Use, or the subject matter hereof, the Parties shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach a resolution of the dispute within a period of 60 days, then, upon written notice by either Party to the other, any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution in accordance with the provisions of its International Arbitration Rules. The number of arbitrators shall be one (1). The language of the arbitration shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of iSapota. The Parties shall conduct the arbitration remotely using secure videoconferencing in which all Parties, legal counsel, witnesses and the arbitrator shall appear remotely for the arbitration proceedings. The arbitration proceeding shall utilize appropriate video conferencing software with sufficient security settings to project the confidentiality of the arbitration and the ability to share the computer screen so that exhibits and other documents may be displayed. The Parties agree that the use of videoconferencing technology shall not serve as a basis for any objection or challenge to the award in any action in a state or federal court of competent jurisdiction. Each Party shall bear its own costs of arbitration, except that the fees and charges of the arbitrator shall be shared equally by the Parties. This terms of use shall be construed in accordance with and governed by the laws of the jurisdiction of Republic of India without regard to its conflicts of law provisions. In case of the termination of mediation for any reason other than a settlement agreement by the Parties, the parties hereby irrevocably and unconditionally agree to the sole and exclusive jurisdiction of the courts having jurisdiction in Coimbatore, Tamil Nadu, and all courts competent to hear appeals there from. The venue for any actions arising under or relating in any way to this Agreement shall vest exclusively in the courts having jurisdiction in Coimbatore, Tamil Nadu. All liability, including but not limited to, compensation and attorney/legal fees, is subject to limits in Section 9.

Class Action and Representative Action Waiver

For disputes arising between iSapota and you, or any other user, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CLASS-WIDE ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. NONETHELESS, IF ANY PORTION OF THIS CLASS ACTION OR REPRESENTATIVE ACTION WAIVER IS DEEMED UNENFORCEABLE OR INVALID, THE ARBITRATOR SHALL HAVE AUTHORITY TO ISSUE ANY AND ALL REMEDIES AUTHORIZED BY LAW.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

Service of Process

To initiate arbitration or any legal proceeding against iSapota Pvt Ltd, you must serve initiating documents on iSapota Pvt Ltd registered address at: iSapota Pvt Ltd, 14/10/F, Sitra Kalapatti Road, Coimbatore 641014

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 10, you may reject any such change by sending us written notice within 30 days of the change to: legal@isapota.com and stop usage of the Services.

11) General Terms

All the Terms of Use, Privacy Policy and Mobile Terms form an entire agreement between the company and the user. This is related to all the representations, agreements, warranties, oral and written, with respect to the Services. These Terms of Use do not include any other 3rd party or beneficiary rights. Documents related to the purchase like your invoice, order number etc are for reference purpose only and does not bind iSapota with any additional terms and conditions mentioned anywhere. So, all the terms and conditions submitted by you on the purchase of any product or service stand rejected by iSapota.

We reserve the right to modify or change any of our “Terms of Use” at any given time without the need to issue a prior notice. Any such changes will be made effective immediately after the time of posting. However, these changes will not take effect on any ongoing legal disputes. We aim at keeping you updated on any changes taking place in our terms of use, but you agree to review the terms of use to know about any changes or modifications in the same. Continual use of our Services means that you accept and agree to the updated or modified Terms of Use.

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Services or these Terms.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision or any other right or provision, nor will it preclude or restrict the further exercise of that or any other right or provision. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. These Terms do not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.

If you have any questions about these Terms or the Services, please contact us at contact@isapota.com or the address set forth below.

Attention: Legal
iSapota Pvt Ltd
14/10/F, Sitra Kalapatti Road,
Coimbatore - 641014

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