Terms and Conditions of Use

Welcome to Damini RIjhwani’s Terms and Conditions of Use. These Terms and Conditions of Use from here onwards in this document will be referred to as the “Terms” or “terms”. This is a contract between you and Damini Rijhwani (“me”) and I want you to know yours and my rights before you use the Playarmo website or application. From here onwards in this document I will refer to the Playarmo application as the “App” and the Playarmo website as “Site”. Please take a few moments to read these Terms before using the App, because once you access, view or use the App, you are going to be legally bound by these Terms.

Note and understand that if you subscribe to my services for a usage period ( in which you accepted the terms which will be in the initial terms). Then the terms of your subscription will be automatically renewed for additional periods of the same duration as the initial term for the App unless you cancel your subscription.

You should also be aware that Section 11 of the Terms contains provisions governing the claims that I and you have against each other are resolved. Specifically, the section 11 contains an arbitration agreement that will require disputes between you and I to be submitted to binding and final arbitration. This arbitration agreement is with limited exceptions.

My Rules

Before you can start using the App, you will need to register for an account with me, I will refer to this registered account as the “Account”. In order to create and Account you must be atleast 18 years old and must be legally permitted to use the App by law.

You must create an account by manual registration only. I also cannot allow you to use another person’s Account or to share your Account with any other person without permission.

If you don’t feel like using the app anymore, then you can delete your Account at anytime by going to the profile section, clicking on Account and click the “delete” button. *Your account will be deleted immediately but it may take a little longer for your contents to be completely removed from the App. if you deleted your account and then tried to recreate a new account within this time period using the same credentials, you will not be able to. Your account will be deleted first. *

I review and monitor accounts and messages for any content that indicates breaches of these Terms. I reserve the right at my sole discretion

to terminate or suspend any Account
to restrict any Account
to make use of any technological, operational, or any other means to enforce the Terms(including limiting or blocking specific ip addresses), at any time without liability and without the need to give any prior notice.

Additionally, I reserve the right to terminate or suspend your Account without notice

for violating these terms
due to your conduct on the App
due to my conduct with other users of the App
due to your conduct include outside app interaction and conduct with users.
If my affiliates or me in my sole discretion determine your conduct was inappropriate or improper
for any reason what so ever I deem in my sole discretion justifies termination

If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.

You may not access, tamper with, or use non-public areas of the App or my systems. Certain portions of the App may not be accessible if you have not registered for an Account.

Types of Content

The are only three types of content that you will be able to access on the App:

The content that you upload. I will refer to this as “Your Content”
The content that members provide I will refer to this as “Other User Content”
The content that I provide. This includes data from databases and software. This will be referred to as “My Content”.

on this App I cannot allow certain content and have imposed restrictions on certain content. Any content which

contains imagery or language which could be deemed offensive or is potentially likely to harass, upset, alarm, shock, or annoy any other person (users and non users). This includes for instance language that could be discriminatory towards and individuals’ ethnicity, race, color, national origin, religion, sexual orientation, disability, gender expression, gender identity or physical appearance.
contains language and imagery that is obscene, pornographic, violent or otherwise may offend human dignity.
contains abusive, threatening, insulting language or imagery which promotes sexism, rasicm, hatred, birgotry.
contain illegal activity or encourages any illegal activity without limitation, terrorism, inciting racial hatred or the the submission of which in itself constitutes committing a criminal offence,
contains language, imagery or any content with is defamatory or libelous
relates to commercial activities including sales, competitions and advertising, link to other websites or premium line telephone numbers.
Involves the transmission of “junk” or spam mail.
contains any spyware, adware, viruses, corrupt files, worm programs or another malicious code designs to interrupt or damage limit the functionality of or disrupt any software, hardware telecommunications, networks servers or other equipment. Any material deigned to damage, harm , interferes with, wrongly intercept and expropriate any data or personal information weather from the App or the website.
itself or the posting of which infringes any third party’s rights including and without limitations, intelectual property rights and privacy rights.
depicts another person or posed as another person without the person’s consent
is harmful to minors or potentially harmful to minors.
impersonates any other person
including falsely stating your name.

I operate on zero-tolerance policy for the foregoing list of this type of content. Any such content that is under my knowledge will be taken appropriate steps to be terminated.

Your Content

Your content must comply with the following details which I update periodically.

You should upload only your own Photos
- copyright are serious issues, if you don’t own the right to photo do not upload it
Send original messages to users instead of copy pasting from one user to another
don’t impersonate someone
There are guidlines of Photos on App
- no pictures of kids on their own
- no pictures of bikinis/swimwear indoors.
- no pictures in underwear
- no watermarks/text overlaid
- no pornographic material
- no graphic hunting photos
- no guns
- no shirtless/underwear mirror selfies
- Face must be clearly visible
Don’t do anything illegal on the App
No soliciting
the App is for 18+ so I cannot allow kids to be on their own in photos.

You are responsible and liable for Your Content and will indemnify, defend and release and hold me harmless from any claims made in connection with Your Content.

You may not display any personal information or banking information on your individual profile including sensitive personal financial information in relation to you or any other person, For example, names of other people, home addresses or postal codes or telephone number or email addresses, URLSs, credit/debit card information or any other banking details. If you do chooses to reveal any personal information about yourself and to other users, whether via email or otherwise, it is at your own risk.

As the App is a public community, Your Content will be visible to other users of the App all around the world instantly so make sure you are comfortable sharing Your Content before you post. As such you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App. By uploading Your Content Your Content on the App, you represent and warrant to me that you have all necessary rights and license to do so and automatically grant me a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in anyway (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

I may assign and/or sub-license the above licence to my affiliates and successors without any further approval by you.

I do not oblige to store any of Your Content, if its important to you then may make a copy.

To prevent unconsented usage of Your Content by other members or third parties users of the App, you authorize me on your behalf to act on your behalf with respect to such infringing and or any unauthorized uses. This includes authority, but not the obligation, for me to send takedown notices (including, without limitation, pursuant to 7 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of the App.

My Content

The rest of the content that is not Other Users Content and is not Your Content belongs to me. Any text, content, graphics, user interfaces, logos artwork and other intelectual property appearing on the App as well as the App’s databases and software are owned, controlled or licensed by me and are protected by copyright, trademark, data, databases rights and other intelectual property law rights.All right, title and interest in and to My Content remains with me at all times.

I grant you a non-exclusive, limited, personal, non transferable, revocable, licence to access and use My Content, without the right to sublicensee, under the following conditions:

you shall not use, sell, modify, or distribute My Content except as permitted by the functionality of the App;
you shall not use my name in metatags, keywords and/or hidden text;
you shall not create derivative works from My Content or scrape, disable, decompile, analyse or in any way commercially exploit My Content, in whole or in part, in any way; and
you shall use My Content for lawful purposes only.

I reserve all other rights.

No Obligation to Pre-Screen Content.

I generally avoid interfering and therefore don’t assume any obligation to pre-screen any of Your Content or any Other User Content. However, there may be times where I need to step in, and I reserve the right to review, pre-screen, refuse and/or remove any Other User Content and Your Content, including content exchanged between users in direct messages.

3. LIMITATIONS AND RESTRICTIONS ON THE APP

Before using and while using the App you agree to the following:

comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name and real age in creating your Account and on your profile; and use the services in a professional manner.

You agree that you will not do the following:

act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose; stalk or harass any other user of the App; create or operate a pyramid scheme, fraud or other similar practice, or;
develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from App or its services, or otherwise copy profiles and other data from the services.

We don’t like users misbehaving in the App community. You can report any abuse or complain about Other User Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. I reserve the right to investigate any possible violations of these Terms, any of the App user’s rights, or any third party rights and I may, in my sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorised Other User Content submitted to the App.

I don’t control any of the things my users say or do, so you are solely responsible for your interactions with other users of the App.

YOU UNDERSTAND THAT App AND I DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. App AND I ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. App AND I MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. App AND I RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

You agree to, and hereby do, release App, its successors and me from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by App and I or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

Scraping or replicating any part of the App without my prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through my currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

4. PRIVACY

For information about how the I collect, use, and share your personal data, please check out my Privacy Policy. By using App, you acknowledge that I may use such data in accordance with my Privacy Policy.

5. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

I may provide you with text messages, emails, push notifications, alerts and other messages in-correlation to the App such as new updates, events and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you accepts, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing setting son your you mobile device.

The App allows certain content to be avalible to you based on your location and provide services consewuently. I do not track your location and therefore to obain services that best provide you access to communities on App you should provide your approximate location (for example the city you currently live in).

6. DISCLAIMER

THE APP, SITE, my CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, I DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN I GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, I DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, my CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. I AM NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. I DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

7. LIMITATION OF LIABILITY

NEITHER I NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, MY CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF I WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MY AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

8. INDEMNITY

All the actions you make and information you post on App remains your responsibility. Therefore, you agree to indemnify, defend, release, and hold me, and my partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by me arising as a result of, or in connection with:

any negligent acts, omissions or wilful misconduct by you;
your access to and use of the App;
the uploading or submission of Your Content to the App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.

I retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against me without your prior consent. If I ask, you will co-operate fully and reasonably as required by me in the defence of any relevant claim.

The foregoing provision does not require you to indemnify me for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

9. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe any content on App infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to me. The Takedown Notice must include the following:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

Takedown Notices should be sent to me at playarmo.app@gmail.com.

12. THIRD PARTY APP STORE

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

These Terms are concluded solely between you and me and not with the providers of the Third Party Store, and the I am solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. I am solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be my sole responsibility.
I, not the Third Party Store provider, am responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. I are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. I encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

11. DISPUTE RESOLUTION.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. This agreement requires you to arbitrate disputes with me and limits the manner in which you seek relief from me.

1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any dispute or claim relating to your use of my App or any other aspect of your relationship with me. It requires that, and by entering into these Terms you agree, that such claims will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or me may seek equitable relief in court for infringement or misuse of intellectual property rights.

2. How Do You Start The Arbitration Process? To begin the arbitration proceeding, you must send a letter requesting arbitration and describing your claim to me.

3. What Are The Rules Of Arbitration? The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be governed by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at: http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.

4. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and me.

5. No Jury Trials. By agreeing to arbitration, YOU AND ME ARE EACH AGREEING TO WAIVE my RIGHTS TO A JURY TRIAL. Instead, you and me are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 13(1) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

6. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.

7. Severability. Except as provided in subsection 13(6), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

9. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with me has ended.

13. TERMINATION AND REMEDIES

These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.

If you want to terminate these Terms, you may do so by (a) notifying me at any time, and (b) closing your Account. Your notice should be sent to my email address below. Please note that if you terminate these Terms, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5.

I may terminate or suspend these Terms, including your Account, if you breach these Terms or if I am required to do so by applicable law. You agree that all terminations for cause shall be made in my sole discretion and that I shall not be liable to you or any third party for any termination of your Account.

In the event that I determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conducted inappropriate for the App, I reserve the right to: (a) warn you via email (to any email addresses you have provided to me) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which I deem to be appropriate.

Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.

All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.

14. MISCELLANEOUS

These Terms, which I may amend periodically, constitute the entire agreement between you and me. The Terms supersede all previous agreements, representations and arrangements between me (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

I have taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the App and provides that information on an “as is”, “as available” basis. I do not give or make any warranty or representation of any kind about the information contained on the App, whether express or implied. Use of the App and the materials available on it is at your sole risk. I am responsible for any loss arising from the transmission, use of data, or inaccurate Other Users Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from the App is free of viruses or other harmful components. You accept that the App will not be provided uninterrupted or error free, that defects may not be corrected or that the App, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. I am not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

The communications between you and me may take place via electronic means, whether you use the App or send me emails, or whether I post notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from me in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that i provide to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

Periodically I may have to change the Terms.

I might have to make changes to these Terms so I reserve the right to modify, amend or change the Terms at any time; this will be referred to as “Changes”. If I do this then the Changes will be posted on this page and I will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, I may send an email to you notifying you of a Change. It’s also possible that I might ask you to agree to my Changes, but I will notify you. You should regularly check this page for notice of any Changes – I want my users to be as informed as possible.

Your continued use of the App following any Changes constitutes your acceptance of the Changes and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using the App immediately.

Additional items:

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

You represent and warrant that:

1. you are not located in a country that is subject to a U.S. Government embargo, or that has been

designated by the U.S. Government as a “terrorist supporting” country; and

2. you are not listed on any U.S. Government list of prohibited or restricted parties.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that I am not responsible or liable for:

the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining my prior written approval.

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by me without restriction.

In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

If you have any questions, complaints or claims with respect to the App, please contact me at playarmo.app@gmail.com.

15. GOVERNING LAW AND FORUM.

Subject to Section 13(3), your access to the App, My Content, and any Other User Content, any claims arising from or related to your relationship with me, and these Terms are governed and interpreted by the laws. All claims arising out of or relating to these Terms and/or your relationship with the me that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against me.

16. ME

The Terms constitute a binding legal agreement between you as user (“you”) and Damini RIjhwani(“me” , “I”, “my”).

Effective date The Terms were last updated on: September 25th 2022.