TERMS OF USE

TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Dice Toys Lab is engaged in the business of providing a virtual gaming app for mobile phones by name “LOKA Awaken” (“LOKA” or “App”) to its users (“Users” or “You”). In this Terms and Conditions, the use of words like “we” or “us” or “our” shall mean appropriate reference to Dice.

This Terms and Conditions shall be read in conjunction with the Privacy Policy. In the event of any conflict between the Terms and Conditions and Privacy Policy, then the terms provided in the Privacy Policy shall prevail.

ELIGIBILITY

You may use LOKA after installing the free version on the device. The eligibility to use the said App is 3 years and above. The App is currently a free version, however the same is subject to change in the future when we introduce paid services.  By using the free version of this App we will serve ads as per the terms and conditions set forth by Dice. Once the App is installed, only then a binding contract is formed with Us, that is in compliance with this Terms and Conditions and all applicable local, state and national laws, rules and regulations.

Please note that to enter into a valid contract with us You should be aged 18 years or above.  If you are a minor, in such a case, it is deemed that your guardian has given the consent for using the App and your guardians will be deemed to be bound by the Privacy Policy and Terms and Conditions.  Din shall not be held responsible and/or liable if You provide false information regarding Your age. Din can delete Your access or take all necessary steps, if we become aware that You have provided false personal information to us.

AMENDMENT

Dice reserves the right to change the features of App and/or alter the terms and conditions of  this document and the Policies at any time and retains the right to deny access at any time, to anyone who Dice believes has violated the provisions of these Terms and Conditions. Any amendment to the Terms and Conditions incorporated herein by reference will be notified to You via e-mail or by way of an update. The revised version/ terms shall be effective from the time You agree to the same. In event of amendments to the Terms and Conditions and/or Policies have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by Dice in its sole discretion.

TERMS OF USE

1. You understand and agree that, the App is an interactive virtual game. You understand and agree that Dice makes all decisions with regard to the functionality of the App.
2. You have the right to upload photos to the App. However, it is the obligation of Dice to inform the user that certain photos are prohibited from being uploading.
3. You also give permission to Dice to access your camera, gallery, storage, to store personal information and records of your usage of the gameplay. However, this does not constitute any obligation on the part of Dice to do so.
4. Dice reserves the right to introduce new premium or paid services or modify or discontinue any feature of the App.
5. When the user takes a photo, the name “Dice Toy Labs” along with its watermark would appear on the photo. The User has the right to share it on social media. Further, the ownership on the content provided by You shall lie with the us and shall be used by Dice as per the Privacy Policy.
6. The User has the right to share the App or invite other users to use the App by sharing the link to the App on the app store. 
7. You agree to maintain the security of your username, password and other Personal Data, and not to allow anyone else to use your username or password and not to disclose any of your Personal Data to anyone else. This is as much for your own protection as for our and other Users' protection. You are fully responsible and liable for all use of, and all activity carried out under, your username and password on any service (whether by yourself or by a third party who has become aware of your username and password through your deliberate act or negligence)

USER OBLIGATIONS

• You warrant and undertake that no User Content does or will violate or infringe any third-party rights (including copyright, trademarks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You accept that you are personally responsible for your use of the App and for all of your activities on the App(including any User Content).

• The App and all other related materials provided by Dice are protected by copyrights, trademarks, and other intellectual property and proprietary rights that are either owned and controlled by us or by other parties that have licensed their material to us or such material which has been derived or aggregated from publicly available resources or from other authorised sources. You agree and undertake not to infringe any patent, trademark, copyright or other proprietary rights or trade secrets owned by Dice or violate the rights of privacy or the fraudulent use of the services or violates any law for the time being in force.

• You agree and undertake not to impersonates another person or use an anonymous proxy, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App; or contains any trojan horses, bugs, bots, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; threatens the unity, integrity, defence, security or sovereignty of India, directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law; may give rise to liability on part of Dice or cause any hindrance (in whole or in part) with respect to the services of Internal Service Providers and links directly or indirectly to or includes descriptions of items that are prohibited under the Terms and Conditions or any other applicable Law including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 (or all applicable corresponding Laws) as amended time to time and rules there under. You agree that in case of any violation of the above provisions, Dice has the right to immediately terminate your access or usage rights to the App without any notice.

• You agree and undertake that You will refrain from accessing information or databases in an unauthorized manner from the App or servers where information or databases are kept.

• You shall not attempt to or circumvent or manipulate any of the obligations conferred on You by these Terms and Conditions and/or Privacy Policy. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Platform and also for taking appropriate legal action.

• You confirm that you shall not assign any rights and obligations under these Terms and Conditions and Policies to any third party without the specific permission of Dice.

• You will not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, threatening, pornographic or sexually suggestive photos or other content which may incite violence or disturb the peace and integrity of any country including India via the Service.

• You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the service, including, without limitation, your or any other person's financial information or identification numbers or copies that would lead to infringement or violation of other people’s rights or privacy or anything in violation of law.
• You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, other works, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via App.

• You will not use the site or the Services to do anything unlawful, illegal, malicious or misleading.

• You will not encourage or cause any other user to violate the Terms, Community Guidelines, Privacy Policy and Fair User Policy and other agreement or terms incorporated herein.

PAYMENT TERMS AND CONDITIONS

• The user shall install the app and make the payment of installation charges in Indian Currency (i.e. Indian Rupee) only using the following modes of payments:

1. Credit Cards/Debit Cards;
2. Net Banking;
3. Any other mode of payment as solely decided by Dice.

• Payment made by credit card or any other mode as mentioned above should be received by Dice on time. If for any reason Dice does not receive the payment from the credit card issuer or third party gateway in any of the above payment modes, then You shall pay all the amounts due on demand by the Dice.

• In case while making the payment through online gateway the amount is debited from the User’s account but the same is not credited to the Dice’s account, then it will be treated as non-receipt of the amount by Dice.

LIABILITY OF DICE

In no event shall Dice or its affiliates, service providers and Internal Service Providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with the App.

INDEMNITY FOR NON-COMPLIANCE OR BREACH

You shall indemnify and hold harmless Dice and Dice’s, affiliates, Internal Service Provider and their respective officers, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the Terms and Conditions and Privacy Policy incorporated herein by reference, or Your violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by You .

In case you are younger than 18 years of age, your natural or appointed guardian shall be deemed to have undertaken the aforesaid indemnification obligation in favour of Din.

TRANSFER OF DATA ABROAD

If you are visiting/accessing the App from a country other than India, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting/accessing the App and communicating electronically with us and by accepting Terms and Conditions and Privacy Policy, you consent to such transfers. By accepting these Terms and/or Privacy Policy, you agree to subject the relationship between Din and yourself to applicable Indian law and thereby you agree and acknowledge that none of the laws including in respect of contract between Din and you, data privacy etc. of the country where you are based or any other country will apply.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You specifically acknowledge and agree that Your use of the App shall be at your own risk and that the App is provided on “as is” and “as available”.  Din, its officers, employees, contractors and agents disclaim all warranties, statutory, express or implied.  Din’s officers, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of the App, (ii) the accuracy, completeness, or any content of any sites linked (through hyperlinks, banner advertising or otherwise) to the App, and/or (iii) the services found at this App or any sites linked (through hyperlinks, banner advertising or otherwise) to this App, and Din assumes no liability arising out any of the above.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the App.

LIMITATION OF LIABILITY

In no event shall Din, its officers, employees, contractors or agents be liable to You or any other person or entity for any direct, indirect, remote, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:

• the accuracy, completeness, or content of the App,
• the accuracy, completeness, or content of the App,
• the services found at the App or any sites linked (through hyperlinks, banner advertising or otherwise) to the App,
• personal injury or property damage of any nature whatsoever,
• third-party conduct of any nature whatsoever,
• any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,
• any interruption or cessation of services to or from the App,
• any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the App or any sites linked (through hyperlinks, banner advertising or otherwise) to the App,
• any user content or content that is defamatory, harassing, abusive, harmful to minors or any action taken by minors by the use of the App or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or
• any loss or damage of any kind incurred as a result of Your use of the App whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Din is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms or Your use of the App.

DIN’S INTELLECTUAL PROPERTY RIGHTS

• You acknowledge that Din owns all right, title and interest in and to the App, including all Intellectual Property Rights therein (the "Din’s Rights"). Din’s Rights are protected by applicable intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the App. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the App. As described below, Din’s Rights do not include third-party content used as part of the services, including the content of communications appearing on the services, to which such parties may have rights.

• The Intellectual Property Rights in the App and the materials on or accessible via it belong to App or its licensors. The App and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the App and backing up personal data of the user concerned such as personal photos).

• 'Din' and the Din Logo are trademarks, which belong to Din and they may not be used, copied or reproduced in any way without written consent from Din. For these purposes "Intellectual Property Rights" includes the following (wherever and whenever arising and for the full term of each of them, whether registrable or not): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical knowhow, trade secret and other confidential information, rights in the nature of any of these items in any country, and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered) and registrations of and applications to register any of them.

GRIEVANCE REDRESSAL MECHANISM

In case of any grievance, objection or complaint on Your part with respect to the App, or Dice, including any complaints or enquiry about suspension, termination or right to use the App, you should promptly raise such grievance or complaint with the designated Grievance Officer at contact@dicetoylabs.com and provide him/her with all necessary information and/or documents to enable the Grievance Officer to try and resolve the issue.

The name and contact details of the Grievance Officer as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder are

Name - Admin

Mobile - +919886042121

Email - contact@dicetoylabs.com

GOVERNING LAW AND ARBITRATION:

Any claim, differences or dispute arising under or in connection with or in relation hereto this Terms and Conditions and the Privacy Policy shall be governed by the applicable laws in force in India. Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to this Terms and Conditions and/or Privacy Policy (including its interpretation) between the parties, and so notified in writing (the ‘Dispute’) shall be referred to President-Arbitration Centre-Karnataka for Arbitration. The Arbitration shall be conducted by a Sole Arbitrator appointed as per the rules of President-Arbitration Centre-Karnataka  as amended from time to time. The venue of Arbitration shall be Bangalore and it shall be conducted in English language. The arbitration award shall be final and binding on the parties. In any case, for supervisory, injunctive relief or relief of specific performance, this Terms and Conditions and the Privacy Policy and any Dispute shall be subject to the exclusive jurisdiction of courts in the city of Bangalore, India.