By accessing and/or using the Services you agree that you have read, understood, accept and agree to be bound by these Terms and be in
compliance with them at all times. Insert Coin Games may change, add or remove any of the Services and/or any feature within the Services at any time and in its sole and absolute discretion without prior notice to you. In addition, Insert Coin Games may stop or suspend and resume providing of the Services (or any features within the Services) or to impose limitations from time to time, to you or to users generally without prior notice.
Without derogating from the general termination rights of Insert Coin Games hereunder, Insert Coin Games may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason and without notice, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) our provision of the Services to you is no longer commercially viable.
Insert Coin Games may revise these Terms from time to time at its discretion without notice and you are expected to visit these Terms from time
to time to make sure you are familiar with the most current version. If you do not wish to be bound by any modification, please stop using the Services immediately. Your continued use of the Services indicates your acceptance of the modified Terms.
You agree to supply Insert Coin Games with accurate, complete, and up-to-date information, particularly your contact details. You are responsible for safeguarding the username and password that you use to access the Services and for any activities or actions under your account. You should not disclose or give any other person access to your username and password and to your account. Insert Coin Games will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to your compliance with these Terms at all times, Insert Coin Games hereby grants you a limited non-exclusive, non-assignable, non-transferable and non-sublicensable license to download and install a copy of the App on your mobile device (or computer) and to run such copy solely for your own personal, non-commercial purposes. You may not: (i) copy, modify or create derivative works based on the App or the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the App or Services to any third party; (iii) reverse engineer, decompile or disassemble the App or the Services; (iv) use the Services, the App, any website operated by Insert Coin Games or any of Insert Coin Games systems and/or software in such a way that might be in breach of any Laws, and/or in any other way not specifically permitted by Insert Coin Games herein, including without limitations, probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, access or search or attempt to access or search the Services by any means (automated or otherwise); (v) interfere with, or disrupt (or attempt to do so), the Services or the access of any User, host or network, to the Services; (vi) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; or (vii) use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not specifically permitted by these Terms. You are not allowed to sell, transfer or otherwise grant any other person or entity(whether they are users or not) any rights in or to the chips or any other right or asset you may own on our platform from time to time. Please note that we may decide to revoke, cancel or forfeit chips or any other right or asset from any player who has breached the above limitation and/or any other provision of these terms, without prior notice. You are not allowed to use the Services if you are under 16 years of age (or the applicable age limitation under which you are not allowed to use any of our services according to the applicable law in your territory). By accepting these Terms and by using the Services you are representing that you are at least 18 years of age.
The use of the Services and/or certain functionalities may be subject to the payment of fees, at Insert Coin Games discretion. In addition Insert Coin Games may take a rake from games conducted through the App, commissions from tournaments, etc.
“Content” means any text, graphics, images, music, software, audio, video (including without limitations the videos of the Bhabhi games played through the Services), works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services and/or the App.
Insert Coin Games does not recommend, endorse, support or make any representations with respect to any Insert Coin Games posted or made available by you or by any other User through the Services, including without limitations through the chat functionality in the App (“User Content”). In addition, Insert Coin Games does not provide any representations regarding the legality, truthfulness, accuracy, or reliability of any Content or User Content posted or distributed through the Services. Insert Coin Games may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or as necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media.
Insert Coin Games will not be liable in any way for any Content or User Content, including, but not limited to, any errors or omissions in any Content or User Content, or any loss or damage of any kind incurred as a result of the use of any Content or User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
All ownership rights in and to the User Content remain under the exclusive ownership of the applicable Users, however each User grants Insert Coin Games with a worldwide, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with Insert Coin Games business purposes, including without limitations, for marketing purposes, in order to improve the Services and for any other legal purpose.
Subject to the Users’ ownership rights in the User Content, all right, title, and interest in and to the Content in the App or Services are and will remain the exclusive property of Insert Coin Games and its licensors, as is more fully described below in the Intellectual Property section of these Terms. For the avoidance of doubt, the videos of the Video Bhabhi(Getaway) games played through the Services (which may be recorded and stored by Insert Coin Games) are not considered User Content, but rather they are considered Content which is exclusively owned by Insert Coin Games
You represent and warrant that: (i) you have all the rights, power and authority necessary to grant the rights granted herein to your User Content; and (ii) neither your User Content nor any use of your User Content on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or result in the violation of any Laws.
You may not post or link to Content and/or User Content that: (i) Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; (ii) Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; (iii) Promotes discrimination, hatred or harm against any individual or group; (iv) Is a direct and specific threat of violence to others; (v) Is defamatory, obscene or pornographic; (vi) Is furtherance of illegal activities or otherwise is in breach or might be in breach of any Laws; or (vii) Is harassing, abusive, or constitutes spam.
The App and Services, including Insert Coin Games’s websites (collectively, the “Insert Coin Games IP”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Insert Coin Games IP includes trade secrets and information that is confidential and proprietary to Insert Coin Games and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Insert Coin Games IP, including any related documentation and any new releases, modifications, and enhancements thereto and including any feedback provided by Users, belong solely to Insert Coin Games and its licensors, if any, including all intellectual property rights therein. Insert Coin Games hereby expressly reserves all rights in the Insert Coin Games IP which are not expressly granted to you under these Terms.
We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. We reserve the right to terminate any User’s access to the Services if we determine that the User is a “repeat infringer.”
If you downloaded the App from the Apple App Store, you agree to use the App only: (i) on an Apple-branded product or device that runs iOS; and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you downloaded the App from any an app store or distribution platform (an “App Provider”), then you agree that: (i) these Terms are concluded between you and Insert Coin Games, and not with App Provider, and that, as between Insert Coin Games and the App Provider, Insert Coin Games, is solely responsible for the App; (ii) App Provider has no obligation to furnish any maintenance and support services with respect to the App; (iii) In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App; (iv) App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including without limitations with respect to IP infringement issues; and (v) App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and will have the right (and will be deemed to have accepted the right) to enforce these Terms.
You understand and agree that the App and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, INSERT COIN GAMES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Insert Coin Games makes no warranty and disclaims all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Insert Coin Games has no obligation to monitor the Services for inappropriate or illegal use by you and/or by other Users, including without limitations, the posting of User Content not in compliance with these Terms. However, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with us or with other Users when you are using the Services (including without limitation your communications through video chat).
Insert Coin Games shall not be responsible for the outcome of the Bhabhi(Get Away) games played by you through the Services. In addition, Insert Coin Games shall not be responsible to any communications and/or other relationships and dealings between you and any other User and shall bear no liability to any damage or costs which you may incur as a result of your usage of the Services and/or engagement with other Users, including without limitations, as a result of any Users’ actions or omissions.
If you have a dispute with another User, then to the full extent of the law applicable to you, you hereby release the Insert Coin Games Parties (as defined below) 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 are located in California, you 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.”
You will indemnify and hold harmless Insert Coin Games and its affiliates, shareholders, officers, directors, employee, agents and other representatives (collectively, the “Insert Coin Games Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content including without limitations any abuse or wrongful use of the Services, (ii) your User Content, (iii) your infringement of any third party rights including without limitations any intellectual property rights, (iv) your communications with other Users or any other engagements between you and any Users including without limitations any Bhabhi(Get Away) games you have participated and/or the outcome of such games, or (v) your violation of these Terms or any applicable Laws.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSERT COIN GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES INCLUDING WITHOUT LIMITATIONS YOUR PARTICIPATION IN ANY BHABHI(GET A WAY); (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INSERT COIN GAMES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID INSERT COIN GAMES IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT INSERT COIN GAMESHAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BY ACCESSING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Without limiting any other remedies, Insert Coin Games may limit, suspend, discontinue or terminate these Terms and/or your use of all or any part of the Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Insert Coin Games believes that you are (i) in breach of any of the terms of these Terms, (ii) pose risks or legal liabilities (actual or potential) to Insert Coin Games or to other Users, (iii) delinquent with respect to any charges or fees due to Insert Coin Games, (iv) infringing a third party’s intellectual property rights or any other rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Insert Coin Games is under no obligation to provide the Services and that Insert Coin Games shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Insert Coin Games’s prior written consent. Insert Coin Games 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.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A waiver of any right or provision hereunder will be effective only if in writing and signed by a duly authorized representative of Insert Coin Games.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions and any dispute between you and Insert Coin Games will be resolved by the competent courts of Delaware, USA. The parties hereby grant exclusive jurisdiction to such courts.
The Services may contain links to third-party websites or resources and you agree that Insert Coin Games is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
If you have any questions about these Terms, please contact us
Please note that we will not share any of your personal information or other identifiable (by itself or together with additional information) information protected under applicable privacy laws and regulations (including without limitations the EU’s GDPR (”GDPR”)) (“Personal Information”) with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by "opting in". Among others, you may opt-in by providing us with your phone number for the purpose of receiving commercial offers or other notifications and updates.
We only collect Personal Information to the extent necessary to fulfill one or more of the Service’s functions and activities.
If you use the Service through a third-party platforms (such as Facebook), we may receive certain Personal Information about you from such platforms.
As an example only, we may collect the following Personal Information from you directly or receive it from third parties: (i) profile picture; (ii) username, password and user ID number (e.g. your Facebook ID number); (iii) user ID number and other public data of your friends on social platforms; (iv) e-mail and other contact details you provided; (v) contact lists; (vi) location data; (vii) gender; and (viii) age and birth date.
We may also collect certain information about your activities on or through the connected third-party applications or through your use of the Service and other publicly-available information.
We may also collect information through your use of the Service such as if you participate in player forums and message boards, post comments to other users, send private messages or invitations to other users, chat with users or post information.
We may receive certain billing and payment information if and when you pay any amount to Insert Coin Games or otherwise transfer funds through the Service. We will not store your financial information, however, our payment processors may share non-financial information with us related to your purchases, like your name, billing address, etc.
Finally, we may use various tracking technologies to collect certain kinds of technical information, including without limitations: (i) the type of device you are using; (ii) your operating system version and platform type; (iii) your mobile device’s identifiers; (iv) your browser types and language; (v) referring and exit pages, and URLs; (vi) domain names and landing pages, pages viewed and other browsing information.
We may collect the above information directly or through our third party suppliers.
When you use our services, your Personal Information may be sent to other countries including without limitations to the United States or out of the United States to other countries. We may store Personal Information about players on servers located in the United States and in other countries. When we transfer your Personal Information internationally we will take reasonable steps to ensure that your Personal Information is treated securely, lawfully and in the manner, we describe here. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your Personal Information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident. If you are a resident in a jurisdiction, where a transfer of your Personal Information to another jurisdiction requires your consent, then you provide us your express and unambiguous consent to such transfer for us to provide you with our services.
A cookie is a small data file that is transferred to your computer’s hard disk or your mobile device for record-keeping purposes. The Service may send cookies to a computer or a mobile device when you access the Service. Information contained in a cookie may be linked to personal information for purposes such as improving the quality of the Service, tailoring recommendations to interests, and making the Service easier to use. Third-party advertisers on the Service may also use, place or read cookies or other technologies as described below on your browser, and those practices are subject to their own policies. You may disable cookies at any time by changing your web browser’s options to stop accepting cookies, to prompt you before accepting a cookie from the websites you visit or limit the type of cookies you allow, however, if you do not accept cookies you may not be able to use all features of the Service.
We and our third-party service providers may also employ other similar technologies including, without limitations: (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us or our advertising partners to advertise more efficiently and effectively by excluding our users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects which help us to reduce fraud, remember your in-game preferences and speed up load times.
Anonymous, statistical or aggregated information may be shared by us with our partners for legitimate business purposes.
Please note that other users will be able to see descriptions of your game activity and your public profile information and to communicate with you within the Service.
We may record games played through the Service at our discretion and use such recording for our business purposes in accordance with applicable laws and regulations. Among others, we may broadcast, display, show and otherwise share live or recorded games from worldwide tables and tournaments. We may do this through any commercial or other channels such as (without limitation) Facebook live, Youtube, Twitch, etc. For the avoidance of any doubt, games played in private tables will not be broadcasted (however such games may be recorded).
We do not actively share Personal Information with third-party advertisers for their direct marketing purposes unless you give us your consent. When advertisers place ads in the Service, they may collect or we may share certain performance data (e.g. a number of clicks on advertisements), aggregated and/or de-identified information about users, certain technical information (e.g., IP addresses, social network ID and other contextual data about your gameplay.
The information collected as set forth above may be used in order to measure the effectiveness of ads, offer targeted advertising and/or perform web analytics.
Advertisers may collect this information through the use of tracking technologies like cookies and web beacons (see above). If you do not want to receive tailored advertisements from third parties, please follow the instructions below.
We may share information with third-party suppliers and partners to perform services on our behalf, like processing payments, analyzing data, optimizing gameplay, e-mail delivery, hosting services, customer service and to help us in our marketing efforts. We require such third parties to maintain the confidentiality of the information we share with them and not to use your information for anything other than to provide services on our behalf.
In the event that we consummate a merger or an acquisition by another company or otherwise undergo a change of control, we may disclose or transfer all of your information, including Personal Information, to the successor company.
Other Cases in Which We May Share Your Information
Under applicable data protection laws and regulations, including the GDPR, you have the right to:
(i) access your personal data and receive a copy thereof, i.e. obtain information on whether we process your personal data and specific information about any such processing;
(ii) rectify (amend) your personal data, i.e. request to amend inaccurate personal data;
(iii) erase your personal data, provided that one of relevant grounds for such actions apply (and that no exclusions under the applicable law apply);
(iv) restrict the processing of your personal data, provided that one of relevant grounds for such actions apply (and that no exclusions under the applicable law apply);
(v) complain to a supervisory authority;
(vi) withdraw your consent.
You may exercise any of your rights in relation to your personal data by written notice to us at firstname.lastname@example.org.
Insert Coin Games has made reasonable technical and organizational measures designed to secure your information from accidental loss and from unauthorized access. While we take reasonable precautions against possible security breaches of our Service, no website or Internet transmission is completely secure, and Insert Coin Games cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.
How long we retain your Personal Information depends on why we collected it and how we use it. We will not retain your Personal Information for longer than is necessary for our business purposes or for legal requirements. For instance, we may retain all or part of your Personal Information for a few years after you have decided to close your account if this is necessary to meet our legal obligations or to exercise legal rights..
2. Internet or additional electronic network activity information (such as browsing history, interactions with a website or advertisement).
3. Geolocation information.
4. Inferences are drawn from the above information about your predicted characteristics and preferences.
5. Other information about you that is linked to the personal information above.
Such Personal Information was received from the categories of sources of information set forth below, was collected for all of the purposes set forth below and was sold, used or shared to the third parties listed below:
1. Categories of Sources: We collect this personal information from the following categories of sources: our users and our partners.
3. Recipients of Delaware Personal Information: To the extent our use of Personal Information constitutes a “Sale” under the DOPPA, we “sell” Personal Information to our partners. We disclose (or might disclose) the categories of Personal Information designated above to the following categories of third parties, for the above commercial and business purposes: Service providers (as defined by the DOPPA), government entities (upon request and to the extent we are obligated to do so), services providers such as fraud protection vendors and data analytics companies.
If you are a Delaware resident, you may exercise the following rights regarding your Personal Information, subject to certain exceptions and limitations: (i) the right to know categories and specific Personal Information we collect, use, disclose, and sell about you over the past twelve (12) months, categories of sources from which we collected your Personal Information, our purposes for collecting or selling your Personal Information, the categories of your Personal Information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared Personal Information, (ii) the right to request that we delete the Personal Information we have collected from you or maintain about you, (iii) the right to opt-out of any “sale” of your Personal Information and (iv) the right not to be discriminated against for exercising any of your rights under the DOPPA.
To exercise any of the above rights, please contact us at email@example.com.
Without derogating from any of our statements above, we do not sell the personal information of consumers that we know to be under 16 years of age.
Brazil's new privacy legislation, the General Data Protection Law (LGPD) was approved on 14th August 2018 and is expected to come into effect on May 3, 2021 as per the terms of the Provisional Measure No. 959, which remains pending of analyses by the National Congress. If the Provisional Measure is not approved, amended or analyzed by the scheduled deadline, the LGPD will become effective on August 15, 2020.
Due to the fact that the LGPD is similar to the GDPR in many ways (despite some differences), we believe that we are in a good position to achieve full compliance with the provisions of the LGPD before it enters into force, including without limitations, allowing all data subjects which personal data will be protected under the provisions of the LGPD to exercise their rights, including the right to request that personal data will be erased, the right to data portability and data access.
In performing personal data processing which is subject to the LGPD, we will adhere to key differences between the LGPD and other legislation acts such as the GDPR, among others with respect to the required procedures for reporting a data breach, the legal basis available to us for the collection, processing and sharing of personal data, the various rights of data subjects, etc.
We may, at our discretion, decide to implement data protection principles, procedures and processes which are more protective to you than is required from us by the applicable privacy data legislation. For example, we may decide to follow the GDPR data breach reporting obligations which are stricter than the requirement under the LGPD. In no event shall our decision to follow such stricter policies grant you any rights which are not granted to you under the data protection legislation applicable to you.