'Clash Mentor' Mobile Application Terms of Service

Effective Date: August 27th, 2021

This Mobile Application Terms of Service ("Agreement" or "Terms of Service") is a binding agreement between you ("End User" or "you") and DARKBARBARIAN OPC PVT LTD. ("Clash Mentor", "we", "us", and "our"). This Agreement governs your use of the Clash Mentor mobile application on iOS and Android as available, (including all related documentation, the "App" or "Application"). The Application is licensed, not sold, to you.

BY DOWNLOADING THE APP, CLICKING "AGREE," OR CLICKING A BOX ASSERTING ACCEPTANCE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

We may revise and update this Agreement from time to time in our sole discretion. Changes are effective immediately when we notify you by sending an email or posting them to the Application and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application. Your continued use of the Application following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this Agreement from time to time so you are aware of any changes, as they are binding on you.

1. The Services. Clash Mentor is a content hosting platform that enables End Users to upload and/or view User Generated Content (as further defined below) as available through the Application and through the Site; the Application and Site also make available products, certain features, functionality, and content accessible on or through the Application may be hosted on the Site (collectively, the "Services").
2. License Grant. Subject to the terms of this Agreement, Clash Mentor grants you a limited, non-exclusive, and non transferable license to:

(a) download, install, and use the Application on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and

(b) upload, access, stream, download, and use on such Mobile Device the Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.

3. Eligibility and Clash Mentor Account Registration. In order to view or post User Generated Content (as further defined below) on Clash Mentor, you will need to register and become a "Member". In order to do so, you can log in via a third-party platform (e.g., via Google). Upon verification with a third-party platform, we will extract the information that you have provided to the third-party platform (such as, for instance, your "real" name and your user name, email). You represent that the information in your Clash Mentor Account or third-party platform's account, and any other piece of information otherwise provided to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to suspend or terminate your Clash Mentor Account or your access to the App if any information provided to us proves to be inaccurate, not current, or incomplete. Clash Mentor reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Clash Mentor Account or third-party platform's account, whether or not you have authorized such activities or actions. You will immediately notify Clash Mentor of any unauthorized use of your accounts.

4. License Restrictions. Licensee shall not:

(a) copy the Application, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason;

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;

(g) use their account to impersonate any person, or misrepresent your identity or affiliation with any person or organization;

(h) use the Application in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by Clash Mentor, may harm Clash Mentor or users of the Application or expose them to liability;

(j) use the Application in any manner that could disable, overburden, damage, or impair the Application, or interfere with any other party's use of the Application, including their ability to engage in real time activities through the Application;

(k) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;

(l) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(m) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which any portion of the Application is stored, or any server, computer, or database connected to the Application;

(n) attack the Application via a denial-of- service attack or a distributed denial-of- service attack; or

(o) otherwise attempt to interfere with the proper working of the Application.

5. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Clash Mentor and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
6. Carrier Fees. Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. Clash Mentor assumes no liability or responsibility for the payment of any charges you may incur.
7. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Clash Mentor may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to the Clash Mentor Privacy Policy ("Privacy Policy"). By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
8. Updates. Clash Mentor may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Clash Mentor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

9. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Clash Mentor is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Clash Mentor does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
10. Intellectual Property Ownership. Clash Mentor shall have the appropriate license to or shall own all right, title, and interest, including all related intellectual property rights, in and to the Clash Mentor technology, the Services. You agree that Clash Mentor shall own all right, title, and interest to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you to Clash Mentor relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the Clash Mentor technology, or the intellectual property rights owned by Clash Mentor. The Clash Mentor name, the Clash Mentor logo, and the product names associated with the Services are trademarks of Clash Mentor or its licensors, and no right or license is granted to use them.
11. User Generated Content. In utilizing the Services, you may submit material to Clash Mentor, including, but not limited to, images, videos, audio files, and text (collectively, "User Generated Content"). You are solely responsible for the User Generated Content you submit. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish all User Generated Content that you submit.

You retain all of your ownership rights in your User Generated Content. By submitting User Generated Content to Clash Mentor, however, you hereby grant Clash Mentor a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Services and Clash Mentor's business. You also hereby grant each user of the Services a non-exclusive license to access your User Generated Content through the Service and to use such User Generated Content as permitted through the functionality of the Service and under this Agreement, which may be for a predetermined fee. The above licenses granted by you to the User Generated Content you submit to the Services terminate within a commercially reasonable time after you remove or delete your content from the Services. You understand and agree, however, that Clash Mentor may retain and use server copies of your content that has been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

Compliance with Clash Mentor Standards. You agree not to submit any User Generated Content that: (i) contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; (ii) contains sexually explicit language, pictures or other materials; (iii) is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; (iv) hatred or physical harm of any kind against any group or individual, such as User Generated Content that promotes racism, bigotry, obscenity, or discrimination; (v) contains copyrighted content without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right; (vi) constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, or the violation of any local, national or international law, rule, guideline or regulation; (vii) provides instructional information about illegal activities; and (viii) is not otherwise in compliance with this Agreement. The foregoing is a partial list of the User Generated Content that is illegal or prohibited.

Clash Mentor does not endorse any User Generated Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Clash Mentor expressly disclaims any and all liability in connection with User Generated Content.

12. Content Screening Clash Mentor assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. Clash Mentor reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Clash Mentor chooses, in its sole discretion, to monitor the Service, Clash Mentor nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

Clash Mentor RESERVES THE RIGHT TO REMOVE ANY USER GENERATED CONTENT FOR ANY REASON AT ITS SOLE DISCRETION. 

13. Term and Termination.

(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Clash Mentor as set forth in this section.

(b) Either party may, at any time, and without notice terminate this Agreement and end the user and service provider relationship. To terminate, you may delete the Application and all copies thereof from your Mobile Device. Clash Mentor may terminate by disabling your account.

(c) Not limiting the forgoing, Clash Mentor may terminate this Agreement at any time without notice if it ceases to support the Application, which Clash Mentor may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of Clash Mentor's rights or remedies at law or in equity.

14. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Clash Mentor, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, Clash Mentor PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Clash Mentor OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR Clash Mentor WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

16. Indemnification.

You agree to indemnify, defend, and hold harmless Clash Mentor, its officers, directors, employees, agents, affiliates, successors, and assigns, and other users (including tour guides) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

Clash Mentor shall indemnify and hold you harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with a claim, which if true, would constitute a violation by Clash Mentor of its representations or warranties.

17. Dispute Resolution and Binding Arbitration.

Informal Resolution

It is Clash Mentor's goal that the Services meet your expectations and live up to our promises to you.

However, there may be instances when you feel that Clash Mentor has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Clash Mentor is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Clash Mentor, you acknowledge and agree that you will first give Clash Mentor an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to dbbreplay@gmail.com

You then agree to negotiate with Clash Mentor in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Clash Mentor's receipt of your written description of it, you agree to the further arbitration provisions below.

BINDING ARBITRATION

Arbitration Proceeding. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Agreement to arbitrate, shall be determined by arbitration(court) in our country. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Exceptions to Arbitration. You and Clash Mentor agree that the following claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any claim seeking to enforce or protect, or concerning the validity of, any of Clash Mentor's intellectual property rights; (b) any claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such court's jurisdiction in lieu of arbitration.

18. Assignment; Change in Control. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns. Clash Mentor may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent.
19. Notice. Clash Mentor may give notice by means of a general notice on the Services, electronic mail to your email address on record in your account information, or by written communication sent by first class mail or pre-paid post to your address on record in your account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 24 hours after sending (if sent by email).
20. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
21. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of our country without giving effect to any choice or conflict of law provision or rule. Unless provided otherwise in connection with the Arbitration provisions in this Agreement, any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of our country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
22. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Clash Mentor with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
24. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.