Acceptance of Terms
These terms were last updated on September 23, 2014.
The indienova.com website including all sub domains (collectively, the "Websites"), the indienova Application and associated services (the "Application") and the indienova Subscription Rental Service and other services offered by indienova (the "Service") are owned and operated by indienova LLC and/or one of its subsidiaries. (hereinafter referred to as "indienova", "we" or "us"). The Website, the Application and the Service are collectively and inpidually referred to as the "indienova Site and Services."
Set forth the entire agreement regarding the subject matter discussed herein. If any provision of this Agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.
If you use any portion of the indienova Site and Services, you represent and warrant that all information you supply to indienova is complete and accurate. You must have internet access to use the indienova Site and Services, as well as a valid major credit or debit card, Paypal account or other payment options indienova makes available on the Site and Services. “Payment Method” shall mean payment by a valid payment option offered by indienova.
You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer and mobile device. You also agree not to impersonate any other person while using the indienova Site and Services. By using any part of the indienova Site and Services, you agree to accept responsibility for all activities that occur under your account or password. You agree to notify indienova immediately of any unauthorized use of your account or password, or any other breach of security of which you become aware. It is also your responsibility at all times to provide and maintain an accurate and working email address, delivery address, telephone number, current and valid Payment Method and billing information. We reserve the right to place any account on hold at any time (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. You can find the specific details regarding your subscription with indienova at any time by clicking on the "My Account" section of the Website.
License and Limitations of Use
The games and content we publish and/or distribute through the indienova Site and Services are strictly for personal and non-commercial use. Subject to the terms and conditions of this Agreement, including your payment of all applicable fees, we agree to deliver games to you and grant you a limited, non-exclusive, non-transferable, revocable, non-sub licensable license to access the indienova Site and Services for that limited purpose only. All rights not explicitly granted herein are reserved by indienova or its licensors. Any unauthorized use of the indienova Site and Services will automatically and immediately terminate your account, subscription and the license(s) granted by us.
To use the Application you must have a compatible mobile or tablet device. indienova does not warrant that the Application will be compatible with your mobile or tablet device. Subject to the terms and conditions of this Agreement, indienova hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sub licensable license to use a compiled code copy of the Application for one indienova account on a mobile device owned or controlled by you, for your personal use.
In addition to the terms and conditions of this Agreement, you acknowledge and agree that your use of each Downloaded Game shall be subject to a separate license agreement between you and the applicable licensor for such Downloaded Game (each, a "Downloaded Game EULA"). Unless otherwise set forth in an applicable Downloaded Game EULA, you are only licensed to use each Downloaded Game for so long as you maintain an active subscription to the Service. Without limiting the foregoing, you hereby acknowledge and agree that the Downloader and/or the Downloaded Games contain functionality which is designed to disable your access to the Downloader and/or such Downloaded Games in the event that (i) your subscription to the Service is terminated or expires, or (ii) indienova decides, in its sole discretion, to generally remove a certain Downloaded Game from its library of available titles.
Except as expressly provided herein, you may not: (1) modify, disassemble, decompile or reverse engineer any part of the indienova Site and Services, except to the extent that such restriction is expressly prohibited by law; (2) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the indienova Site and Services, or any portion thereof, to any third party or use the indienova Site and Services to provide time sharing or similar services for any third party; (3) make any copies of the indienova Site and Services; (4) remove, circumvent, disable, damage or otherwise interfere with security-related features of the indienova Site and Services, features that prevent or restrict use or copying of any content accessible through the indienova Site and Services, or features that enforce limitations on use of the indienova Site and Services; or (v) delete the copyright and other proprietary rights notices on the indienova Site and Services.
You acknowledge and agree that indienova may from time to time issue upgraded versions of the Application and may automatically upgrade the version of the Application that you are using on your mobile device or computer, respectively. You hereby consent to such automatic upgrading on your mobile device or computer, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is subject to the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and indienova or its third party licensors or suppliers retain all right, title, and interest in the Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. indienova reserves all rights not expressly granted under this Agreement. If the Application is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Application as applicable, by the U.S. Government is subject to restrictions set forth in this Agreement and U.S laws as applicable. The Application may be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the indienova Site and Services.
Free Trial Memberships, Discounts and Introductory Offers
We may offer free trials, trial memberships, and discount introductory offers of the Service to allow customers to learn the many benefits of the subscription services we offer. These trials and introductory offers are available to new (first-time) customers only, limited to one per household, and cannot be combined with any other discount or offer. A valid Card is required. WE AUTHORIZE THE CARD UP TO THE AMOUNT OF ONE MONTHLY FEE IN ORDER TO VERIFY THE ACCOUNT. We do not receive any payment from this transaction, even if your bank or Credit Card Company temporarily holds the funds in your account.
We will begin charging your Card a monthly subscription fee at the then-current rate (plus any applicable taxes) on the first day following the end of your trial or introductory offer period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL OR INTRODUCTORY OFFER PERIOD TO AVOID HAVING YOUR CARD CHARGED.
indienova free trials, trial memberships, and discount introductory offers are non-transferrable and may not be resold. indienova does not condone or permit the re-selling of free trials, trial memberships, or discount introductory offers privately or on auction/marketplace websites, and we are under no obligation to honor re-sold free trials, trial memberships, and discount introductory offer memberships. indienova also does not offer and is not required to provide customer support for issues that may arise from transactions involving the resale of indienova free trials, trial memberships, or discount introductory offers.
Credit Card Billing & Subscription Fees
Your Service will continue in effect unless and until you properly cancel your membership or we terminate it. By joining the Service, you expressly agree that we are permitted to charge your Card on a 30 day basis the subscription fee at the then-current rate (plus any applicable taxes and/or VAT) and any other charges you may incur in connection with your use of the Service. The subscription fee will be billed in full on the first day of your paid subscription and on each monthly anniversary thereafter, unless and until you cancel your subscription.
It remains your responsibility to maintain a current and valid Card. Even if your Card has expired, you authorize us to continue billing that Card and acknowledge that you remain responsible for any uncollected amounts.
indienova is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges made by us. Subscription fees are fully earned upon payment. PAYMENTS ARE NON-REFUNDABLE AND WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE. We also reserve the right to change our fees and prices at any time, or add new fees and charges from time to time, but we will notify you in advance if we do so.
If you have access to our subscription service through a partner of indienova, then you don’t need to register a valid payment method. You will need to sign up through the assigned process and then you will have access to all the options your subscription gives. Your access to our subscription service is available as long as our partner has a license to offer our service.
Right to Terminate
We reserve the right to terminate or restrict your subscription, or the use of any or all of the indienova Site and Services, without notice, for any or no reason.
Purchases and Pricing
The indienova Site and Services may offer digital, pre-purchase and pre-order items for sale. Prices and availability of products on the indienova Site and Services are subject to change without notice. We reserve the right to limit purchase quantities. Wholesale orders will not be accepted without prior written permission.
indienova reserves the right to cancel any order placed through any portion of the indienova Site and Services.
With respect to items placed into or saved to your shopping cart, we will confirm the total price of your order before you complete the checkout process, and authorize your Payment Method for the total price before it enters the fulfillment process; however, we do NOT charge your Payment Method until after your order has entered the fulfillment process unless it is a pre-purchase including an unreleased title. Your Payment Method is charged in full for pre-purchases when the order is placed.
From time to time, a small number of items may be mispriced. Errors will be corrected where discovered and indienova reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted.
indienova will collect and remit sales tax on purchases as required by applicable law for transactions made through the indienova Site and Services. Sales tax charged is based on the ZIP code included in your shipping address. For sales of digital goods or other instances where a shipping address is not applicable, the sales tax charged is based on the ZIP code included in the billing address. At checkout, we will display the estimated sales tax for your order. This is only an estimate; the final sales tax charged for any purchase will be determined by your ZIP code at the time your order enters the fulfillment process and your Payment Method is charged.
Pre-Orders and Pre-Purchases
Select products will be available to pre-order prior to their release dates (“Pre-Order”). Pre-ordering a product reserves your quantity of the product. Upon placing the order, your Card will be authorized for the total amount of the order. Your Card will be charged only after your order has entered the shipping process.
Other select products will be available to pre-purchase prior to their release dates (“Pre-Purchase”). Pre-Purchasing a product means your Card will be charged for the product upon placing the order.
The release date of a Pre-Order or a Pre-Purchase is subject to change, and we make no warranty that we will ship the item or have it available for download on the date of release stated at the time you place your order. Should the release date of a Pre-Order or Pre-Purchase change, we will notify you via email. You may choose to cancel a Pre-Order at any time up until the time your Payment Method is charged by contacting Customer Support. Pre-Purchases are non-cancellable and you may not cancel after you place the order.
indienova reserves the right to cancel a Pre-Order or a Pre-Purchase at any time. In the event a Pre-Order is cancelled by indienova, any and all charges for that Pre-Order product will be voided. In the event a Pre-Purchase is cancelled by indienova, we will refund the amount of the original charge for the product to your Payment Method.
indienova may issue coupons for use on the indienova Site and Services from time to time for reasons including but not limited to, special promotions, your participation in surveys etc.
Coupons issued are valid for a limited time only and may include restrictions on which products qualify for use of the coupon. Percent-off coupons are applicable towards the unit price of qualifying items (exclusive of tax and VAT) and may not be combined with other offers. Coupons are not redeemable for cash, are non-transferable, cannot be combined with other coupons and cannot be applied to past orders. Unused portions of redeemed coupons will be forfeited at the completion of the transaction.
Digital Games Returns Policy
All digital game sales are final and cannot be returned, nor can any refund be given.
Gift Certificates and Pre-Paid Subscriptions
Gift certificates must be bought and redeemed directly through the Website, and may only be used toward the purchase of a Service subscription or for purchase. Gift certificate recipients will need a valid Card to activate their gift subscription. The recipient's Card will only be authorized, it will not be charged. Unless the recipient cancels prior to the end of the gift subscription period, indienova will begin to charge the recipient's Card for monthly subscription fees (plus applicable taxes) at the completion of the gift subscription period. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.
indienova is not responsible for lost or stolen gift certificates. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is redeemed.
Gift certificates are non-transferrable beyond the original gift recipient and may not be resold. indienova does not condone the re-selling of gift certificates privately or on auction/marketplace websites, and we are under no obligation to honor re-sold gift certificate memberships. indienova also does not offer and is not required to provide customer support for issues that may arise from transactions involving the resale of indienova gift certificates.
Pre-paid subscriptions must be redeemed through the Website. Redemption requires a valid Card and shipping address. Unless you cancel prior to the end of the pre-paid period, indienova will begin to charge your Card for monthly subscription fees plus applicable sales tax at the completion of the pre-paid period. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.
Pre-paid subscriptions cannot be used to purchase non-subscription products or gift certifications from the Website or our partners and cannot be returned for a cash refund. indienova is not responsible for lost or stolen pre-paid subscriptions. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained pre-paid subscription is redeemed.
Pre-paid subscriptions are non-transferrable and may not be resold. indienova does not condone the re-selling of pre-paid subscriptions privately or on auction/marketplace websites, and we are under no obligation to honor re-sold pre-paid subscriptions. indienova also does not offer and is not required to provide customer support for issues that may arise from transactions involving the resale of indienova pre-paid subscriptions.
All content and data included on the Website, including but not limited to graphics, text, user interfaces, visual interfaces, photographs, trademarks, sounds, music, artwork, computer code, logos, button icons, and software, (collectively, “Content”) including but not limited to the design, structure, selection, expression, look and feel and arrangement of such Content, is the property of indienova, and/or its suppliers or licensors, and is protected by copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws. No Content may be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, accessed or otherwise used without express written permission from indienova.
You agree not to interfere with, decompile, reverse engineer or disassemble any software, products or processes accessible through the indienova Site and Services, not to insert any code or manipulate any content on the indienova Site and Services, and not to use data mining, data gathering or any other extraction methods. indienova does not condone the copying of video games or other infringing activities.
indienova is a registered trademark of indienova LLC and indienova ApS. indienova's trademarks may not be used in connection with any product or service that is not expressly permitted by indienova in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits indienova. All other trademarks not owned by indienova that appear on the indienova Site and Services or on games are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by indienova. Any images of persons or personalities contained on the indienova Site and Services or in games shall not be an indication of endorsement of any particular product or the indienova Site and Services unless otherwise specifically indicated.
indienova may offer synopses, reviews, instruction manuals, user comments and other information pertaining to the games we distribute. Under no circumstances shall indienova or its subsidiaries, suppliers, licensors or other affiliated companies, or their respective shareholders, directors, officers, agents or employees (inpidually and collectively, the “indienova Parties”) be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate and make your own independent judgment about the information, opinion, advice and other content available through the indienova Site and Services.
Some hyperlinks on the Website may lead to other websites that are not owned or controlled by indienova. Such sites are provided solely as a convenience to our visitors. indienova has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. indienova makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.
indienova DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE OR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND indienova WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
By using any portion of the indienova Site and Services, you agree to receive notices and electronic communications from indienova. These communications may include information about your account, such as confirmation e-mails, or information related to the indienova Site and Services, and features. These communications are also part of your subscription to our Service. If you subscribe to or follow a user or product through any portion of the indienova Site and Services, we may send you notifications about that user or product. You agree that any notice, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Your Conduct on the indienova Site and Services
By using any portion of the indienova Site and Services, you agree (1) not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or content associated with any portion of the indienova Site and Services;(2) not to interfere in any way with the servers or networks connected to any portion of the indienova Site and Services; (3) not to violate any of the procedures, policies, or regulations of networks connected to the indienova Site and Services, the terms of which are incorporated herein; and (4) not to conduct yourself in an offensive manner or impersonate any other person while using any portion of the indienova Site and Services, or use any portion of the indienova Site and Services for any unlawful purpose.
User Reviews and Other User-Submitted Content
Visitors may post, upload or submit reviews, comments, suggestions, ideas, questions, answers, or other content (collectively “User Content”) as provided for on the indienova Site and Services. You retain ownership of your User Content. You agree not to post User Content that: (1) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (2) may create a risk of any other loss or damage to any person or property; (3) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (4) may constitute or contribute to a crime or tort; (5) contains any information or content that we may deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (6) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (7) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (8) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy.
indienova reserves the right, but is not obligated, to reject, modify and/or remove any User Content for any reason at any time. indienova is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may post, upload, submit, send or otherwise provide to us (without acknowledgement or compensation) for any purpose on an unrestricted basis.
If you do post, upload, submit, send or otherwise provide content or User Content, and unless we indicate otherwise, you grant indienova and its affiliates and sublicenses a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant indienova and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You understand and agree that indienova may feature your posts or submissions and you hereby grant indienova permission to do so without further consideration or compensation to you. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post and that you will indemnify and hold harmless the indienova Parties for all claims arising from content you supply. indienova takes no responsibility and assumes no liability for any content posted by you or any third party.
You understand and agree that indienova grants you the limited right to “post” (i.e. disclose) certain User Content and/or information from the indienova Site and Services to third-party social networking services, and that any User Content and/or information so posted or disclosed by you is subject to the policies and restrictions of the applicable social networking service, and not indienova.
If you believe that material on the Website is infringing your rights under U.S. copyright law, you may file a complaint of such claimed infringement with indienova's designated copyright agent:
By Mail to:
indienova Co., Ltd.
Room 1109, Building #61, Yuanyang Tiandi
Mid Rd. East 4th Ring
Chaoyang District, Beijing, China
By E-mail: Support(@)indienova.com
For your complaint to be valid under the Digital Millennium Copyright Act (DMCA), you must provide the following information when providing notice of the claimed copyright infringement:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney's fees.
No Warranty; Disclaimers
THE CONTENT OF THE indienova SITE AND SERVICES, AND THE PRODUCTS WE DELIVER (INCLUDING, BUT NOT LIMITED TO, GAMES AND OTHER THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.indienova, ITS SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THE indienova SITE AND SERVICES AND ANY CONTENT PROVIDED IN CONNECTION THEREWITH. indienova, ITS SUPPLIERS AND LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE indienova SITE AND SERVICES, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE indienova SITE AND SERVICES, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE indienova SITE AND SERVICES, OR FOR ANY CONDUCT BY USERS OF THE indienova SITE AND SERVICES. TO THE FULL EXTENT PERMISSIBLE BY LAW, indienova, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE indienova SITE AND SERVICES AND THE GAMES WE DELIVER, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE indienova SITE AND SERVICES IS ACCURATE, COMPLETE, OR CURRENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE indienova SITE AND SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE indienova SITE AND SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE indienova SITE AND SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST indienova, ITS SUPPLIERS AND LICENSORS, FOR DISSATISFACTION WITH THE indienova SITE OR SERVICES IS TO STOP USING THE indienova SITE AND SERVICES.
indienova reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the indienova Site and Services, or any portion thereof, for any reason; (2) to modify or change the indienova Site and Services, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of the indienova Site and Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL THE indienova PARTIES, OR ANY OF THEM, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND AND HOWEVER CAUSED, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ANY OR ALL OF THE indienova SITE AND SERVICES OR ANY THIRD PARTY CONTENT PROVIDED IN CONNECTION THEREWITH, OR THE USE OR PERFORMANCE OF ANY PRODUCTS (INCLUDING, BUT NOT LIMITED TO, GAMES) OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL THE indienova PARTIES, OR ANY OF THEM, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR MOBILE DEVICE, GAME CONSOLE, OR OTHER EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY GAMES. WHILE indienova WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES INADVERTENTLY, indienova WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree that the provisions contained in this section will survive any termination or expiration of this Agreement and/or your account, or of discontinuation of all or any portion of the indienova Site and Services.
You agree to defend, indemnify and hold harmless the indienova Parties and the Moderators from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to: (1) your use of and access to the indienova Site and Services and any third party content provided in connection therewith, including any data or content transmitted or received by you; (2) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties contained herein; (3) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (4) your violation of any applicable law, rule or regulation; (5) any claim or damages that arise as a result of any of your User Content or any content that is submitted via your account; or (6) any other party’s access and use of any portion of the indienova Site and Services with your unique username, password or other appropriate security code. You agree that the provisions contained in this section will survive any termination or expiration of this Agreement and/or your account, or of discontinuation of all or any portion of the indienova Site and Services.
Any claim or dispute between you and indienova that arises in whole or in part from all or any portion of the indienova Site and Services or otherwise in connection with this Agreement (a "Dispute") shall be decided exclusively by binding arbitration as set forth in this section, and not by courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and indienova are each waiving the right to a trial by jury. YOU AND indienova AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INpIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If you elect to seek arbitration in connection with a Dispute, you must first send to indienova, by certified mail, a written notice of the claim (“Notice”) to the indienova address set forth at the end of this Agreement. If indienova elects to seek arbitration in connection with a Dispute, it will send, by certified mail, a written Notice to the address used for your indienova account. A Notice, whether sent by you or by indienova, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If indienova and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or indienova may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by indienova or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after indienova receives Notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or by writing to indienova at the address set forth at the end of this Agreement. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless indienova and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, indienova agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of indienova’s last written settlement offer made before an arbitrator was selected (or if indienova did not make a settlement offer before an arbitrator was selected), then indienova will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
indienova may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the indienova Site and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) indienova’s rights or property, or the rights or property of visitors to or users of the indienova Site and Services, including indienova’s customers. indienova reserves the right at all times to disclose any information that indienova deems necessary to comply with any applicable law, regulation, legal process or governmental request. indienova may also disclose your information when indienova determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that indienova may, in its sole discretion and without prior notice, terminate your access to the indienova Site and Services, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the indienova Site and Services or any portion thereof, or (4) unexpected technical issues or problems.
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