Last Updated: 28 June, 2023
The following Terms of Use which include our Acceptable Use Policy (collectively, these “Terms of Use”) are a binding legal agreement between you and IndiaMasterApp, its affiliated parties (“us”, “our” or "we") that govern your use of any other our application (including mobile applications), Service or product licensed, downloaded or otherwise accessed by you through third party websites or sources,collectively, the “Service”. The Service is strictly for consumers and not for use by users under 18 years of age.
Please also review our Privacy Policy at www.dramabite.media/privacy.html which tells you how we use your personal.
We recommend that you print a copy of these Terms of Use for future reference.
SECTION 1 - YOUR ACCEPTANCE OF THE Terms of Use
Please carefully read these Terms of Use, which affect your legal rights and obligations. These Terms of Use tell you who we are, how we will provide you the Service, how you and we may change or end this contract, what to do if there is a problem and other important information.
By entering Site or mobile application for a user account which enables you to use the Service and/or by posting online content ("Account") or otherwise using the Service, you represent that (1) you are age 18 or older ( in the European Union/European Economic Area), (2) you fully understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agreed to these Terms of Use.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE Terms of Use, DO NOT USE THE Service. IF YOU DO NOT AGREE TO THESE Terms of Use, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE Service. USE OF THE Service IS VOID WHERE PROHIBITED.
We reserves all rights to change or modify these Terms of Use at any time at its sole discretion. Any such change or modification will be effective immediately upon posting on the Site or mobile application, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. Every time you wish to use our Service, please check the Terms of Use to ensure you understand what terms apply at that time. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE Terms of Use.
Except as may be expressly specified otherwise by us with respect to paid portions of the Service, we reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, to reflect changes to our Service, our users’ needs and/or our business priorities, without notice and liabilities.You agree that it is your responsibility to monitor changes to our Service.
SECTION 2 - INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
2.2 How to contact us. You can contact us by writing to us at contact@dramabite.media.
2.3 How we may contact you. If we have to contact you, we will do so by email/phone number you provided to us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms of Use, this includes emails.
SECTION 3 - RELATIONSHIP TO OTHER AGREEMENTS
Your use of the Service or portions of the Service may also be subject to the Terms of Use of one or more related third party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source (e.g. Google, Apple). In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to us or any aspect of the Service, these Terms of Use will control.
SECTION 4 - USER ACCOUNTS
Upon entering Site or mobile application, you will be automatically assigned an Account by the system in order to use the Service. You agree to protect Account Information about yourself as prompted by the Service. If you loss any Account Information, you are deemed to be in breach of these Terms of Use, and we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
Each user of the Service is allowed a maximum of one Account per electronic device embedding a mobile operating system (“Device”). You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided herein. You are responsible for maintaining the confidentiality of your Account and agree not to provide your information to any other party. You are fully responsible for all activities that occur under your Account with or without your knowledge. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security.
SECTION 5 - RIGHTS TO USE THE Service AND SUBSCRIPTIONS
Right to Use: Subject to your complete and ongoing compliance with these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display, solely for your personal, non-commercial use, solely on a single Device:
(a) such portions of the Service as are freely accessible from the Site or that are, with our authorization, made freely accessible from third party websites or sources such as the mobile application, and
(b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis.
Subscriptions: You may be required to make payments to access certain portions of the Service that are provided as subscriptions. You are responsible for all such payments and related payment obligations under these Terms of Use. All such payments from you are subject to these Terms of Use and conditions of the relevant payment Service. We bear no responsibility for any transactions processed by, or any payments made to, a third party. You acknowledge that pricing and availability of subscriptions provided by us in connection with the Service are subject to change at any time.
You agree that any payments you make to us in relation to your subscriptions are final and non-refundable, except where specified under these Terms of Use. OTHERWISE, IN NO CIRCUMSTANCES WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION with the Service (WHETHER USED OR UNUSED).
If you believe that we have charged you in error, and subject to applicable laws and regulations, please contact us at contact@dramabite.media within 30 days of the date of the relevant charge and no refunds will be given for any erroneous charges after such 30 days period.
Payment processing Services are provided by third-party Services through which a purchase is made. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location.
Transferring your Account: When using our mobile application, you may not transfer your Account or portions of the Service from one Device to another.Even though you are the owner of both the old and new Devices and the Account being transferred.
You agree not to, and not to attempt to, (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of this Section, we reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with these Terms of Use, including without limitation by charging fees for such license.
SECTION 6 - Service MATERIALS, OWNERSHIP, TRADEMARKS AND FEEDBACK
Service Materials: Except for Your Content (if any) and except as otherwise expressly set forth in these Terms of Use, we and our licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials.
“Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, Service marks, trade names and other source identifiers; any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by us and our licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by us and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
Our Marks: Our logos and product and Service names are trademarks and Service marks of, and are owned by us (the “Owner Marks”). Except as expressly set forth herein, you may not use or display such trademarks in any manner without our prior written permission. All third party trademarks and Service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of our trademarks or Service marks as “metatags” on other websites is prohibited.
You may not use the Owner Marks to disparage us and our Services. You may not use the same in any manner that may damage any goodwill in the Owner Marks. All goodwill generated from the use of the Owner Marks will inure solely to our benefit.
Feedback: If you provide us with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be our exclusive property, and you hereby assign all rights, title and interest in and to such Feedback to us. You agree that unless otherwise prohibited by law, we may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
SECTION 7 - INTELLECTUAL PROPERTY
The content that we provide in connection with the Service may be protected by copyright or other intellectual property rights, and owned by us or our affiliated third parties. You obtain no copyright or other interest in connection with your use of the Service.
You are expressly prohibited from engaging in monetization or profiting from your use of the Service. We hereby reserve all rights not expressly granted to you in these Terms of Use.
SECTION 8 - RESTRICTIONS AND RULES OF USE
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this Section and in our Acceptable Use Policy which forms part of these Terms of Use as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.
The Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You are responsible for configuring your devices to access the Service and you should use your own virus protection software.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the Site or mobile application on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-Service attack or a distributed denial-of-Service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
SECTION 9 - VIRTUAL CURRENCY AND GOODS
The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, “Virtual Currency”). The Service may also include virtual digital items, such as assets, commodities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, “Virtual Goods”).
We reserve the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and we shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service's Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.
You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to us, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by us in its sole and absolute discretion, non-refundable.You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon our discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and we will have no liability to you in connection therewith.
SECTION 10 - HOW WE MAY USE YOUR PERSONAL INFORMATION
Your privacy matters to us. We will only use your personal information as set out in our www.dramabite.media/privacy.html. Please review our Privacy Policy to make sure that you understand our practices.
SECTION 11 - TERMINATION
These Terms of Use will remain effective until terminated by either party.
Your rights to end the contract: You may terminate these Terms of Use at any time and for any reason by (a) contacting us through contact@dramabite.media notifying us of your termination, (b) deleting or otherwise destroying all Service-related materials; and (c) ceasing use of the Service.
Our rights to end the contract: We may terminate these Terms of Use, your Account and your access to the Service (or, at our sole option, applicable portions of the Service) at any time and for any reason. We may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that we are not required to provide you with any such notice or warning prior to any such termination under this Section.
Breach of Terms’ consequences: In addition,we may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if we suspect or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by us; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, we, any third parties or the Service itself.
Consequences of termination: You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames,ID, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable.
You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or us, you will not be entitled to and we will not be liable to you or any third party for any refund, reimbursement or other liability. If we terminate your Account, you may not participate in the Service or any other our Service without our express written permission. To request permission for post-termination participation in our Service, submit a request through contact@dramabite.media. We reserve the right to refuse to provide Accounts for, and provide us the Service to, any individual. You shall not allow individuals whose Accounts have been terminated by us to use your Account.
SECTION 12 - DISPUTES WITH OTHERS
You are solely responsible for your interaction with other parties(such as your payment channel,your bank) that you come in contact with through the Service. We hereby disclaim any and all liability to you or any third party relating to your use of the Service.
You will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your Account. We reserve the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.
SECTION 13 - DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Service IS AT YOUR SOLE RISK AND THAT THE Service IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
OUR PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE Service, THE Service MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMISSIBLE BY LAW, OUR PARTIES MAKE NO WARRANTY THAT (i) THE Service WILL MEET YOUR REQUIREMENTS OR THE Service MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (ii) THE Service WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Service OR ANY Service MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.
THE “OUR PARTIES” ARE COMPRISED OF US AND OUR AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
SECTION 14 - LIMIT OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OUR PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE Terms of Use OR THE Service, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OUR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Service IS TO STOP USING THE Service.
IN NO EVENT WILL OUR PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Service EXCEED THE GREATER OF $10 USD OR THE AMOUNT YOU PAID US IF ANY, IN THE THREE MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we or any other Our Parties may not, as a matter of applicable law, disclaim any warranty, limit or exclude its liability or the scope and duration of such warranty as set forth in these Terms of Service, our and such Our Party’s liability shall be the minimum permitted under such applicable law.
SECTION 15 - INDEMNIFICATION
You will be responsible for and agree to indemnify, defend and hold Our Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (i) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (ii) your (or anyone accessing the Service using your Account) use of the Service, (iii) your (or anyone accessing the Service using your Account) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (iv) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.
SECTION 16 - MISCELLANEOUS
Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Hongkong.
Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Changes to Terms of Use and Assignment. You can review the most current version of the Terms of Use at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website and/or applications.
Contact us.Questions about the Terms of Use should be sent to us via contact@dramabite.media.