Real Cricket Mod Creator - Terms and Conditions
1. Acceptance of Terms
Nautilus Mobile App Pvt Ltd (hereinafter “Nautilus” or “Us” or “We”) offers the users (hereinafter “You” or “User”) the option to transmit, upload, post, download or otherwise make available content, characters, graphics, image, text, any artistic work (“User Content” or “Mods”) through the Tool (defined hereinafter) on the Real Cricket mobile game owned and operated by Us (“Game”). Any use of such Tool shall be within the framework of the Game and/or online services developed by Nautilus.
By using the Real Cricket Mod Creator (the “Tool”), you agree to comply with and be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, You shall not be permitted to proceed further to use the Tool.
Nautilus is entitled to make changes/ additions to these Terms at its discretion and the User shall be notified of such changes to the Terms and shall consequently be bound by such changes.
PLEASE READ THESE TERMS CARFEFULLY BEFORE UPLOADING/DOWNLOADING ANY USER GENERATED CONTENT TO/FROM THE GAME.
2. Representation of Ownership
If you create or post User Content through the Tool, while you do own it, you are agreeing to these Terms. You are responsible to make sure that your submission is original and not created or owned by another person or entity. You hereby represent and warrant that (i) you own all rights in and to your User Content (ii) You shall not through usage of the Tool create, post or share any User Content on the Game that infringes upon the copyright, trademark intellectual property rights or any other personal or private rights of others including but not limited to creating or sharing images/content that impersonate any celebrities, players or individuals without obtaining necessary permissions or licenses from such third parties (iii) you are not a minor (iv) you are legally entitled to post the User Content, and the use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law and (v) the User Content is not illegal, offensive, libelous, defamatory, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, or will harm or threaten the safety of others(v) it will solely be used for entertainment purposes (vi) If you are a User downloading the User Content you shall proceed at your own risk and discretion.
The User acknowledges that any such violation in the User Content is strictly prohibited Nautilus reserves the right to investigate and take appropriate action including suspension or termination of the User’s account. You hereby release, discharge and agree to hold Us, and any person acting on our behalf, harmless from any liability related in any way to the use of your User Content.
3. Grant of License to Nautilus
The User automatically grants the rights described below to Nautilus, without the need for Nautilus to obtain permission or pay for the User Content:
a) The User shall grant Nautilus the global, free-of-charge, non-time-limited, irrevocable, non-exclusive and fully sub-licensable right (License) to copy, distribute, publish, modify, translate, archive and store the User Content generated by the User and to create edits of it in any form and format and in currently available and hereafter developed media. The User shall waive any moral rights which it holds to the User Content generated by the User.
b) Through the distribution, exchange, sending, transfer, publication and uploading of the User Content generated by the Users, the Users shall otherwise acknowledge that other users may use the generated User Content. Nautilus shall not be liable for the actions of other users which may infringe rights to the generated User Content. In the case of disputes with other users, the Users himself shall be responsible for contacting the affected users asserting any claims.
c) The User shall grant Nautilus a free-of-charge user license for all online User Content which he/she creates or shares during the use of the Tool in perpetuity, irrevocably, without restriction or limitation, for all currently available or hereafter designed devices, formats or forms, which can be granted, transferred, leased, published, or publicly and globally displayed for all objects or devices in the form of a license. This license shall primarily cover the rights to copy, alter, reproduce in part or in full, modify, develop, translate, use for any User Content, incorporate into other works, exclude in part or in full from elements and/or the addition of elements, and the deletion, publication, distribution, sale or commercialization thereof.
4. User Responsibilities
a) The User is not permitted to use a display name or avatar, the name or image of another person or entity and any content that is not lawfully available for use, a name, trademark or image that is subject to any rights of another person or entity without appropriate authorization, or a name or image that is otherwise offensive, vulgar or obscene. The User Content shall go through a review process before reflecting in the Game and Nautilus does not guarantee availability of the User Content on the Game.
b) The User agrees that he/she is responsible for all activities that are culpably carried out using their User Account, this includes any User Content that you create and post, including all User Content.
c) The User shall be responsible for ensuring that it complies with all the applicable laws and comply with any other Nautilus terms that govern the use of the Game.
5. Liability towards User Content
The Users warrants that, at the time of the creation, use or distribution of the Mods, the user holds all of its intellectual property rights, copyright and trademarks associated with the User Content. The User hereby declares and agrees that he is fully liable for the User Content and that Nautilus shall not in any case be held responsible or liable towards such User Content. The User shall himself/herself be directly liable to the third party in respect of any breach of third-party rights for which the Users is responsible. The User shall be obliged to compensate Nautilus for all losses incurred that are due to the culpable disregard of the obligations arising from these Terms.
Nautilus shall not warrant in any way, or make any statement with regard to the accuracy, currency or validity of the information or elements in the User Content and cannot be held responsible for losses or damage which is caused by the use of these elements. The Tool is provided "as-is," and Nautilus makes no warranties or guarantees regarding its functionality, performance, or suitability for any purpose.
Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Nautilus from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or related to: (a) your violation or breach of these Terms; or (b) your violation of any third-party rights, including without limitation any copyright, trademark, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of the Tool. In the event the User Content causes any technical disruption, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys' fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions.
Release. Without limiting anything set out above, to the fullest extent permitted by applicable law, you hereby release Nautilus from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms.
Nautilus Mobile App Private Limited reserves the right in its sole discretion to terminate or suspend a User's access to the Tool and/or delete any of your published assets, for any or no reason, without notice, and without liability to you or anyone else immediately without prior notice if you materially breach or repeatedly violate these Terms. Upon termination of your User Account, your right to use the Tool or the Game may immediately cease. Nautilus also reserves the right to block users from certain IP addresses or device numbers and prevent access to the game. You understand and agree that some of your access may be lost without notice to you in case of repeated breach or blatant breach by you. These Terms shall remain in effect even after your account is terminated.
8. Warranty Disclaimer
Nautilus does not own and is not responsible or liable for any User Content posted on the Game or for any offensive, unlawful or objectionable content you may encounter. The Tool, User Content on the Game available for download is provided "AS IS" and without warranties of any kind. Nautilus only charges the cost for providing this service through the Tool and not the User Content itself. To the fullest extent permitted by law, Nautilus disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company does not guarantee and does not promise any specific results from use of the Tool. Nautilus does not represent or warrant that the Tool will be uninterrupted or error free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, Nautilus does not make any warranties or representations regarding the use of the materials or User Content on the Game in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain User Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access our Game, loss of data or other harm of any kind that may result.
9. User Agreement
10. Limitation of Liability
NAUTILUS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE TOOL/ USER CONTENT OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) EVEN IF NAUTILUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE TOOL. YOUR ONLY REMEDY AGAINST NAUTILUS FOR USE OF THE TOOL/GAME OR ANY CONTENT IS TO STOP USING THE GAME.
11. Governing Law
These Terms are governed by the laws of India. Any legal actions or disputes shall be brought in the courts of Mumbai, Maharashtra.