Last updated on : 3 March 2023
Welcome to Pokemon Topaz (the “Platform”, “Company”, “our” or “we”). Thank you for downloading our app or visiting our website.
These terms of service and all other policies incorporated by reference herein, (collectively, the “Terms of Service”), constitute a binding agreement between Pokemon Topaz and each registered or unregistered user (each, a “User”, “you” or “your”) of the Pokemon Topaz website and/or the Pokemon Topaz mobile application (the “App”, and collectively with the Site and all services provided therein, the “Platform”). By accessing and using the Platform and/or creating a registered User account on the Platform (an “Account”), you are deemed to have read, accepted, executed and be bound by these Terms of Service. The Terms form a legally binding agreement between you and us, and hence, please take the time to read them carefully.
Company may, from time to time, release new versions of the Platform, or release/introduce new tools, services, functionalities, and/or features for the Platform, which will be subject to these Terms of Service, and any additional terms of service as may apply to such additional versions, tools, services, functionalities, or features.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorised representative of the business or entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
To utilize the full tools, services, functionalities and/or features of the Platform, each User will need to register for and create an Account. You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, birthday, profile name, picture, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to the Company will be and remain at all times true, accurate, current and complete. Company may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Company.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must immediately change your password and promptly notify us at [email protected]
You agree that you are solely responsible (to us and others) for the activity that occurs under your account. When creating an account, you must provide accurate information about yourself and create only one account for strictly personal purposes.
We reserve the right to disable your user account and remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again and would like your account deleted, we can take care of this for you. Please contact us at [email protected] and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.
You may not access or use the services of our Platform if you are not fully able or legally competent to agree to these Terms.
You agree not to carry out any activity during the access or use of services of our Platform which is unlawful, misleading, discriminatory or fraudulent.
You agree not to make any unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the services or any content of our Platform included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
You agree not to distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
You may not use the Services, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
You may not incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
You agree not to intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
You agree not to use or attempt to use another’s account, service or system without authorisation from Pokemon Topaz or such another user, or create a false identity on the Platform;
You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users.
As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. You can read about our IPR Policy in detail here: IPR Policy
Further, all legal rights, title, interest and intellectual property in the platform and the Services, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist), belong solely with Pokemon Topaz, and nothing in these terms gives you the right to use any of Pokemon Topaz’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner whatsoever without our express and prior written consent.
If you believe that there has been unauthorized access to your username, password or your identity, please contact us as soon as possible so that we can work together to limit the damage. To the extent that the Services interact with any other social media account or service you use, such as Facebook via Facebook Connect, you understand and agree that the provision of that other account or service is not the responsibility of Pokemon Topaz.
You retain all right, title and interest in and to any User Content (including all copyrights and other intellectual property rights related thereto or contained therein) that you upload onto the Platform; provided, that you hereby grant to Company and its affiliates, successors, licensees, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sub-licensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit (i) such User Content (including all copyrights and other intellectual property rights related thereto or contained therein) and (ii) your name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by you in connection with such User Content, in any and all media now known or hereafter discovered, in connection with the Platform (including, without limitation, the operation thereof and the provision of the tools, products, services, functionalities and/or features offered in connection therewith), the advertising, marketing, promotion, publicity, and merchandizing of the Platform and any products and services related thereto, and to identify you as the source of your User Content (collectively, the “User Content License”).
You also permit any of our other Users to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
For the avoidance of doubt, the User Content License granted to us hereunder covers our ability to sublicense to, and permit, other Users of the Platform to use your User Content in connection with all tools, services, functionalities and/or features made available in connection with the Platform from time to time, subject to these Terms of Service.
You hereby represent and warrant to the Company that: (i) all User Content uploaded by or on your behalf onto the Platform is your original work of authorship for which you are the sole and exclusive owner, or that you have obtained all licenses, consents, releases, and other permissions from the applicable third party owner thereof as may be necessary to grant Company the User Content License in and to such User Content hereunder, and (ii) Company’s and/or any other User’s or sublicensee’s use of the User Content as permitted hereunder does not, and will not, violate any applicable laws or the rights of any third party, including, without limitation, any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.
The Company does not endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Platform or opinions expressed therein. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Use of or reliance on any User Content or materials posted via the Platform or obtained by you through the Platform is at your own risk.
Rules for Musical Works and Recording Artists: If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) outlined in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services complies with any contractual obligations you may have to your record label.
Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or concerning any User Content you post to or through the Service.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out in “Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to Pokemon Topaz. As a result, we recommend that you save copies of any User Content that you post to the Services on your device(s) if you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
If you wish to complain about information and materials uploaded by other users which you believe are objectionable/unlawful or in violation of your privacy rights, please read our Infringement / Takedown Policy here and how you can contact us: Takedown Policy.
Pokemon Topaz takes reasonable measures to expeditiously remove from our Platform any infringing material that we become aware of. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
The Platform may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws. Pokemon Topaz will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
You hereby agree to indemnify, defend and hold harmless, Pokemon Topaz and its parent companies, subsidiaries, and affiliates and their respective directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective director, officers, employees, successors, assigns, consultants and other agents, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Platform; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms of Service; (iii) any Registration Data or User Content posted by you onto the Platform; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party right, including, but not limited to, any intellectual property right.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CAN NOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU CONCERNING THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION AND FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
YOU ACKNOWLEDGE AND AGREE THAT Pokemon Topaz IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD Pokemon Topaz, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR CORPORATE PARTNERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD AND ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
WE SHALL NOT BE LIABLE TO YOU FOR:
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
ANY LOSS OF GOODWILL;
ANY LOSS OF OPPORTUNITY;
ANY LOSS OF DATA SUFFERED BY YOU; OR
ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE Pokemon Topaz PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
The Services are only for people 13 years old and over (with additional limits that may be Jurisdiction-Specific). You are not permitted to use the Services, establish an Account, or provide Account Information if you are under 13 years of age. By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that User’s account.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website to which you are linking must comply in all respects with the content standards set out in “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
The Service may contain links to or the ability to share information with third-party websites ("External Sites"). Pokemon Topaz does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon are developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Pokemon Topaz is are not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Sites, then you do so at your own risk. You agree that Pokemon Topaz will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
These Terms and our other Policies constitute the whole legal agreement between you and Pokemon Topaz and govern your use of the Services and completely replace any prior agreements between you and Pokemon Topaz in to the Services.
These Terms, their subject matter and their formation, are governed by the laws of India.
In the interest of resolving disputes between you and Pokemon Topaz, you agree that any dispute arising out of or in any way related to these Terms of Service or your use of the Pokemon Topaz Website / App will be resolved by binding arbitration following the provisions of the Indian Arbitration and Conciliation Act, 1996, regardless of whether a claim arises during or after the termination of these Terms of Service. The seat, or legal place, of arbitration, shall be Mumbai. The language to be used in the arbitration proceedings shall be English.
You may end your legal agreement with Pokemon Topaz at at any time by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or Policies or Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity, or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.
If you believe your account was terminated in error you can file an appeal with the following details to us at [email protected]
Your name, address, user name on the Pokemon Topaz Platform, your email-id that was linked to your Pokemon Topaz account and telephone number.
A description of when the account was suspended or terminated and why you believe we have made an error in terminating your account.
A statement made under penalty of perjury that you have a good faith belief that the account was removed or suspended as a result of mistake or misidentification.
Your electronic or physical signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your appeal request to reinstate your User account.
Pokemon Topaz shall acknowledge the appeal within 72 hours and our team shall review the appeal request submitted by you. If the termination is found to be done due to an error or misidentification, Pokemon Topaz shall reinstates your account within 24 hours of completion of such review. However, the reinstating of your account shall be at the sole discretion of Pokemon Topaz.
India. If you are using our Services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including to upload and/or stream content) any User Content that:
is obscene, pornographic, violent;
is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
harms minors in any way;
communicates any information which is grossly offensive or menacing; or
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or insulting any other nation.
User Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board about the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of Pokemon Topaz and all of its group companies, affiliates and successors in title and interest, whether existing or in future.
Indemnity. In the event you are required to indemnify us under these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.
If you have any questions, comments, or concerns about our Services or Terms of Service you may contact us at info@pokemontopazcom