Last updated: 29th August, 2022
Terms of Service
This document contains terms of service (“Terms”) as an electronic record pursuant to the provisions of the Information Technology Act, 2000, (“IT Act”), and rules made thereunder.Further, this electronic record is generated by a computer system and does not require any physical or digital signatures.
1. PLATFORM
1.1. Please note that the mobile application under the name and application of “Rumble” (“Platform”), is owned, managed and operated by Rusk Media Private Limited, a company incorporated under laws of Republic of India, having its registered office at37, 1st floor, Community Centre, East of Kailash, New Delhi 110065, India (herein after collectively referred to as “We”, “Company”,“Us”, or “Our”).
2. GENERAL TERMS
2.1. For the purpose of these Terms herein above, wherever the context so requires, the terms “You”, “you”, “Your”, “your”,or “User”, shall mean and include, any person who visits, browses, uses or accesses the Platform, avails any of the Services (as defined below)of the Platform, or any person who registers himself/herself on the Platform by creating an Account (as defined below) on the Platform.
2.2. We provide a wide variety of online mobile games, skill based games, contests, Paid Games (as defined below) and such other gaming formats (“Game(s)”) as may be introduced by theCompany from time to time for the Users to participate and play, either for free or upon payment and further win rewards, in accordance with the terms and conditions as contained herein. These Terms govern your use of the Platform, and other services and features provided by us through the Platform(“Services”).
2.3. We do not endorse or offer ‘Games of Chance’ (as defined below) to the User on thePlatform. Each Game that is available on the Platform has clearly definedrules. You are encouraged to read, understand and follow these rules and/orregulations before participating in any such Game. We shall not be liable ifyou do not adhere to the Game rules or otherwise engage in gambling or bettingactivities on/through the Platform, which shall solely be at your sole risk.
2.4. You are requested to read these Terms carefullybefore accepting the same and moving forward to using and accessing the Platformor availing any Service.
2.5. By availing the Service(s) on the Platform, and/orvisiting, viewing, accessing or otherwise using the Service(s), or informationcreated, collected, compiled or submitted to the Platform, you are deemed tohave agreed to these Terms and all the policies of the Company/Platform.
2.6. IN CASE YOU DONOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM,REGISTERING ON THE PLATFORM AND AVAILING ANY OF THE SERVICES ON THE PLATFORM.
2.7. The Termscontained in this electronic record are read together with the Privacy Policy (asdefined below) of the Company, as available and uploaded on the Platformwhich can be accessed at [insert access link here] and/or any otheragreement/arrangement entered between the User and the Company in relation toavailing of the Services (collectively “Company Documents”). It isexpressly clarified that the Company Documents shall be considered as part andparcel hereof and shall be deemed to be incorporated herein by reference and,together with these Terms, shall constitute the entire legally bindingagreement between You and the Company in connection with your access, visit oruse of the Platform for the availing of the Services, in any manner. Therefore,by impliedly or expressly agreeing to be bound by these Terms and/or throughuse and access of Services of Platform, the User also agrees to be bound by theterms and conditions of the Privacy Policy, as may be updated, amended orrevised from time to time.
2.8. The Companyreserves the right to change, modify, amend, or update the Terms, at itsdiscretion, from time to time and such amended provisions of the Terms shall beeffective immediately upon being posted/ uploaded on the Platform.
2.9. It is hereby clarified that the Company/ Platform may,from time to time, change provisions related to any of the Services which alsoinclude changing of the extent and scope of the Services and/ or include anyother category of service or facility within the term ‘Service’, at the solediscretion of the Platform. You can determine when these Terms were lastrevised by referring to ‘LAST UPDATED’at the top of these Terms. Your continued use of the Platform shall be deemedto signify Your acceptance of these provisions or amended provisions of these Terms.It shall be the User's responsibility to check these Terms periodically forchanges. It is, further, clarified that the User’s use and access of the Platform/Service(s)is subject to the most recent version of these Terms made available on the Platformat the time of such use.
3. DEFINITION
“Account" shall mean theaccount/user profile created by the Users on the Platform by submitting theUser Data, in accordance with the terms as specified under Clause 4 (CreatingAn Account) below;
“Applicable Laws” means anyapplicable law, rule, regulation, ordinance, order, treaty, judgment,notification, decree, bye-law, governmental approval, directive, guideline,requirement or other governmental restriction, or any similar form of decisionof, or determination by, or any interpretation, policy or administration,having the force of law and shall include any of the foregoing, injunction,permit or decision of any central, state or local, municipal government,authority, agency, court having jurisdiction over the matter in question;
“DepositCash” shall mean the money deposited by the User which is credited/shown inthe deposit cash wallet, which can be used by the User solely to play Game(s);
“Discounts”shall mean and include all the cashbacks, incentives and all other promotionalamounts earned by the User or provided by the Company to the User with respectto any Services availed by the User through the Platform;
“InvitedUser” shall mean and include non-registered users of the Platform;
“Gamesof Chance” shall mean and include such Games where the outcome depends uponluck of the User and not skills such as superior knowledge, training,attention, experience and adroitness;
“Gamesof Skill” shall mean and include such Games where the outcome depends uponthe User’s skill such as superior knowledge, training, attention, experienceand adroitness and not luck or chance;
“PaidGame(s)” shall mean and include such games that require payment of suchamount by the User(s) in order to participate and play such games;
“RestrictedState” shall mean such state(s) in the territory of India where online gamingwhether Games of Skill or Games of Chance has been prohibited under ApplicableLaws or by an order of a court of competent jurisdiction;
“ThirdParty Service Provider(s)” shall mean and include game developers, gamestudios, Payment Facilitators (as definedbelow) and such other third party(ies) facilitating the Platform to provideits Services to the User;
“User Content” shall mean allposts, personal information, chat with other Users, User discussions, profilepages, Feedbacks, etc., sent or transmitted by You or displayed or uploaded byYou while using the Services;
“User Data” shall mean all the data and information as may be required by theCompany for the purposes of registration of the User on the Platform/creationof Account of the User on the Platform and/or for the purposes of providing andenabling the Services to the User which may include, inter alia, user name(User can choose to use his/her real name),avatar (User can choose to use his/herprofile picture), phone number, declarationof the state the User is resident of, bankaccount or card/UPI ID/ paytm number details, and any other detail as may berequested by the Company.
“WinningCash” shall mean the money earned by the User through the Gamesparticipated and played by the User on the Platform and which is available forwithdrawal by the User.
4.1. Please note thatthe Platform provides various features and Services and in order to avail,access and use such features and Services, the Users may be required to create anAccount on the Platform and become a registered User by following a sign upprocess of the Platform. The Platform allows and provides the option to theUsers to access, browse and view the Platform, and play the various onlineskill based games, participate in daily/weekly/monthly live tournaments withother Users or Invited Users and earn rewards including real cash money, byproviding certain User Data, such as contact number and other information asrequested by the Platform.
4.2. For the purposeof initiating the sign-up process on the Platform for creation of the Account,the User is required to only provide his/her contact number and the one timepassword (“OTP”) for verification ofthe contact number provided. Once the User successfully signs up on thePlatform, the User may choose to provide his/ her personal informationpertaining to User’s name, city or pin code,avatar. For the purposes of playing the Paid Games on the Platform involvingreal cash money in rewards, if the User wins in the selected game, the User mayalso be required to provide certain sensitive personal information whichincludes, the User’s bank account or card details, UPI ID, Paytm number, or anyother information as may be required for undertaking transactions on the Platform.
4.3. You will berequired to enter a valid phone number while signing up on the Platform. Byproviding your contact number with us, You represent that you are authorised toplay Games on the Platform. Further, You consent to be contacted by Us viaphone calls, emails, any instant messaging services and/or any other mode ofcommunication as the Company may deem fit.
4.4. It is clarified that by creating the Account on the Platform/followingthe sign-up process, you agree to all the Terms herein, Privacy Policy and allother polices of Platform which may be posted at an appropriate location on thePlatform.
4.5. You agree that you shall provide accurate and correctinformation for availing any of the Services of the Platform, including, at thetime of sign-up on the Platform or while sharing bank account and such relateddetails for undergoing transactions to play online Paid Games/tournaments andYou shall also update such information and data, from time to time, in case ofany change thereto and/ or as and when required and asked by the Platform inthis regard. The User agrees to provide all such information on the Platform asand when prompted and required by the Platform.
4.6. You agree that You shall log out of your Account afterusing the Platform in order to ensure complete security and secrecy of yourdata and the Platform/Company’s data. The Company reserves the right to suspendor terminate your Account with immediate effect and for an indefinite period,if the Company has reason(s) to believe that the User Data or any other dataprovided by the User is incorrect or false, or that the security of the User’sAccount has been compromised in any way, or there is a breach of these Terms orupon any unauthorised use of the User’s Account by any third party.
4.7. You are solely responsible for maintaining theconfidentiality of your Account and the display/user name, avatar and the logindetails, received by You at the time of your sign-up/sign-in and you are fullyresponsible for all activities that occur under the same and the Company shallnot be liable or responsible in any manner whatsoever in this regard. Youexpressly agree that you will immediately notify Us about any actual orpotential unauthorized use of your Account, display/user name, avatar, logindetails, bank account details and/ or other information related thereof or anybreach of security by a third party and, in this regard, the Company/Platformshall not be responsible for any liabilities that such User may incur from themisuse of the Account or password or any data and information containedtherein. You agree that the Company cannot and will not be liable for any lossor damage arising from your failure to comply with the Terms.
4.8. It is clarified that upon receiving a notification/intimation/ apprehension of any actual or potential unauthorised use of anyAccount, We may, at our discretion, take action to block access to such Accountat the earliest and take all other actions as may be required under theApplicable Laws.
4.9. The User shall be responsible for safeguarding the Accountand all the information and data associated with such Account. For the safetyof the data and information in such Account and prevention of any possibilityof any unauthorised use thereof, it is suggested to the User to not to disclosethe login information to any third parties.
4.10. The User agrees that the User shall be registeredonly once and will not set up multiple User Accounts and shall abide by these Termsand any terms specific to the Game(s)/ Paid Game(s). If the Platform detectsthe User accessing multiple User IDs, We may take actions, including cancellationof all Winning Cash on linked User IDs, and suspension or termination of theaccounts of the linked User IDs.
5. PRIVACY
5.1. You agree that during your use and access of the Platformand/or availing of the Services offered by the Platform, you will provide Uswith certain information and other data as mentioned under the Terms which mayor may not be otherwise publicly available. Please note that We respect theprivacy and confidentiality of such data and the provisions pertaining to suchprivate information and data as provided by you under these Terms, are governedunder the Company’s privacy policy (“PrivacyPolicy”) which is available at [insertURL here/hyperlink]. By using and visiting the Platform and availing theServices of the Platform, you agree to the terms and conditions of our PrivacyPolicy.
5.2. Regarding your private information and data, We willonly collect, use, disclose or process such information and data in accordancewith our Privacy Policy, which you accept by your use and access of the Platformand/or availing the Services on the Platform. Please note that We may sharesuch data and information with third parties as required to be shared in termsof and in the manner as set out under the Privacy Policy. By accepting these Terms,you also agree to the terms and conditions as provided under our PrivacyPolicy.
6. CONDITIONS TO USE PLATFORM
6.1. For the use and access of the Platform, whether ornot for provisions of availing the Services on the Platform, in any manner, Youmust be 18 (eighteen) years of age or older. For this purpose, you agree thatby visiting the Platform or accepting these Terms, you represent and warrant tothe Company that you are 18 (eighteen) years of age or older, and that you havethe right, authority and capacity to use the Platform and avail Services andagree to and abide by the Terms as provided herein. TheCompany does not knowingly provide access of the Platform to anyone under theage of 18 without proper parental consent and guidance or knowingly allow suchpersons to register on the Platform to avail the Services without parentalconsent and the Company shall not be responsible or held liable for any actionsor omissions on part of such User while accessing the Platform or availing anyServices. Foravoidance of doubt it is clarified that, in the event the User is under 18years of age, he/she may useor access the Platform and avail the Services, particularly such online gamesand other formats available for free on the Platform with the prior expressconsent and involvement of a parent or a guardian.
6.2. You represent and warrant that You are not a residentof any of the Restricted States such as Andhra Pradesh, Karnataka, Kerala,Gujarat, Assam, Nagaland, Odisha, Telangana, and Sikkim which have either (i)banned online gaming per se or (ii) banned any specific game falling within thecategory of online gaming (whether ‘Games of Chance’ or ‘Games of Skill’). Youagree and acknowledge that the Platform has a right to control the access tothe Services being offered on the Platform at all times, in any State in India,and to bar any other State on the basis of Applicable Laws or an order of acourt of competent jurisdiction.
6.3. You agree and acknowledge that the Platformreserves the right to prohibit You from participating in any Paid Games, if itis found that You are not legally competent to use the Services pertaining tosuch Paid Game(s) offered on the Platform, including the User’s incompetency toenter into any transactions through banking channels in India and/or if You arefrom a Restricted State. In the event of such violation, Your participation insuch Paid Game(s) will be deemed to be in breach of the Terms and other Company’spolicies and You will not be entitled to receive any reward that You might winin such Paid Games.
6.4. You agree and understand that the Platform does notallow any person who is involved in the development of the Platform and/orServices to participate in any Games, without our express written consent andsubject to such terms and conditions as we may seek to impose on such person.
6.5. You agree that you will act lawfully, diligently andhonestly at all times when you access and use the Platform and/or avail theServices and will comply with all the Applicable Laws, rules, regulations,legislations, notifications, circulars, guidelines, standards, codes, policies,orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitralaward, bye-laws, or any similar form of decision, determination, oradjudication having the force of law, as amended from time to time, applicableto your use of the Platform and/or availing the Services.
6.6. You agree that you will not interfere with,jeopardise, disrupt or harm the Platform and/or Services and that you will notintercept, expropriate, re-use, steal or re-utilise any format, system, data,graphic media, coding or information comprised in or provided to you via the Platformand/or Services and, at all times, comply with the Terms and other policies ofthe Platform.
6.7. You agree that the Platform and the Services providedon the Platform are owned and operated by the Company. All the content ormaterials available through the Services and/or the Platform, including but notlimited to games (owned by the Company), system, data, graphic media, avatar(if created using the elements provided by the Platform), programs, software,code, images, text, layouts, arrangements, displays, HTML and files are theproperty of the Company and any copyright, patent and/ or other proprietaryintellectual property rights under Indian and foreign laws shall also belong tothe Company. You further agree that the logos, trademarks and service marksthat may appear on the Platform are the property of the Company, protectedunder the Indian and foreign laws. Moreover, the elements of the Platform shallnot be copied, reproduced, distributed or downloaded by the User in whole or inpart in any way without the express written consent of the Company.
6.8. You agree andunderstand that the avatars created by the User from the elements, featuresprovided by the Company/Platform is in any form and manner owned exclusively bythe Company and the User cannot use such avatar for any commercial use. Wereserve the right to use any such avatar for any purpose, including but notlimited to promotion of our Services.
6.9. We will provide you with any help you may reasonablyrequire to access the Platform but We shall not be responsible if you areunable to access any section of the Platform or the Services for any reason. Wedo not guarantee you access to the Platform at any and all times. We do notguarantee that while you are accessing the Platform, your access will beuninterrupted, without delay/interference, secure and/or error-free or operateas set out and anticipated in these Terms. Accordingly, We reserve the right,at any time, to suspend or discontinue the Platform and/or the Services for anyreason without incurring any liability or obligation to you.
6.10. You agree that the information you provide to theCompany on the Platform at the time of Sign-up and any time thereafter and anyinformation displayed under your Account at all times will be true, accurate,current, and complete. If you provide any information that is untrue,inaccurate, not current or incomplete or We have reasonable grounds to suspectthat such information is untrue, inaccurate, not current or incomplete, or notin accordance with the Terms herein and the other policies of Platform, Weshall have the right to indefinitely suspend or terminate your Account or blockyour access on the Platform.
6.11. If We reasonably believe that your Account andpassword is being used/misused in any manner, We reserve the right to cancelyour right to access the Platform immediately without notice, and block Your accessfrom that particular IP address. You agree to notify Us and the Platformimmediately of any unauthorized use of your Account or any other breach ofsecurity. We will not be liable for any loss that you may incur as a result ofsomeone else using your Account. However, you could be held liable for all thelosses, claims and liabilities incurred by the Company due to someone elseusing your Account.
6.12. The Services offered on the Platform shall not beused for any illegal purpose by You. You may not access our networks, computers,or the Services or information in any manner that could damage, disable,overburden, or impair them, or interfere with any other person's use andenjoyment. You may not attempt to gain unauthorized access to any Services orinformation, other accounts, computer systems, or networks connected with the Platform.You may not use any automated means (such as a scraper) to access the Platform,the information, or Services for any purpose. Such unauthorized accessincludes, but is not limited to, using another person’s login credentials toaccess his or her Account. Any attempt by any individual or entity to solicitlogin information of any other User of the Platform or to access any such Accountis an express and direct violation of these Terms and of Applicable Law(s),including relevant privacy and security laws and laws prohibiting unfair orunethical business practices.
6.13. We may, at Our sole discretion, suspend the User’sability to use or access the Platform at any time while We investigatecomplaints or alleged violations of these Terms, or for any other reason.
7. CODE OF CONDUCT
7.1. Under these Terms, the User agrees not to host, display, upload,modify, publish, transmit, update or share any information on the Platform orwhile availing any Services on the Platform that:
(a) belongs to another person and in relation to which itdoes not have any right of use;
(b) infringes intellectual property rights (including anypatent, trademark, copyright or other proprietary rights) of any person andprivacy rights of any person;
(c) is false or misleading in any way;
(d) violates any law for time being in force;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chainmail” or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or abusive, obscene,defamatory or libellous conduct;
(h) solicits gambling or engages in any gambling activitywhich is or could be construed as being illegal;
(i) harms minors in any way;
(j) is grossly harmful, harassing, blasphemous, defamatory,obscene, pornographic, paedophilic, libellous, invasive of another’s privacy,hateful, or racially, ethnically objectionable, disparaging, relating orencouraging money laundering or gambling, or otherwise unlawful in any mannerwhatever; or unlawfully threatening or unlawfully harassing including but notlimited to “indecent representation of women” within the meaning of theIndecent Representation of Women (Prohibition) Act, 1986;
(k) deceives or misleads the other Users of the Platformabout the origin of messages or communicates any information which is grosslyoffensive or menacing in nature or cheats the other User or the Platform/Companyin any manner;
(l) threatens the unity, integrity, defence, security orsovereignty of India, friendly relations with foreign states, or public orderor causes incitement to the commission of any cognizable offence or preventsinvestigation of any offence or is insulting any other nation;
(m) promotes anillegal or unauthorized copy of another person's copyrighted work;
(n) provides material that exploits people in a sexual,violent or otherwise inappropriate manner or solicits personal information fromanyone;
(o) provides instructional information about illegalactivities such as making or buying illegal weapons, violating someone’sprivacy, or providing or creating computer viruses;
(p) tries to gain unauthorized access or exceeds thescope of authorized access to the Platform or to profiles, Account information,or other areas of the Platform or solicits passwords/ log-in information orpersonal identifying information for commercial or unlawful purposes from otherUsers; and
(q) refers to any Platform or URL that, in our solediscretion, contains material that is inappropriate for the Platform or anyother Platform, application, software contains content that would be prohibitedor violates the letter or spirit of these Terms;
7.2. The User agrees notto
(a) reveal/disclose confidential or proprietaryinformation of other Users, the Company/ Platform or any third party when theUser receives or comes in possession of such confidential or proprietaryinformation;
(b) incorporate any computer contaminant, software virusor any computer code or file or program on the Platform designed to interrupt,destroy or limit the functionality of the Platform;
(c) incorporate or introduce any program on the Platformthat might infringe the intellectual property rights of any other User and/orof the Company/ Platform;
(d) download, copy, or reproduce any file, information orService(s) available on the Platform which the User knows, or reasonably shouldknow, cannot be legally reproduced, displayed, performed, and/or distributed;
(e) in any way, deface or vandalize the Platform orprevent or restrict others from using the Platform;
(f) stalks, threaten or harass any other User or infringeupon or attempt to infringe upon their privacy;
(g) infringe any patent, trademark, copyright or otherproprietary rights or third party’s trade secrets or rights of publicity orprivacy, of the Company/ Platform, other Users of the Platform or any thirdParty;
(h) impersonate any person or entity, or falsely state orotherwise misrepresent themselves or their affiliation with any person orentity;
(i) directly or indirectly, offer, attempt to offer,trade or attempt to trade in any item, the dealing of which is prohibited orrestricted in any manner under the provisions of any Applicable Law; and
(j) create liability for the Company/ Platform or causethe Company/ Platform to lose (in whole or in part) the services of itsinternet service provider or other suppliers.
(k) Use indecent, inappropriate, objectionable,offensive, or unlawful User name and avatar.
7.3. It is also clarified that you shall not use any“deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,program, algorithm or methodology, or any similar or equivalent manual process,to access, acquire, copy or monitor any portion of the Platform or any Services,or in any way reproduce or circumvent the navigational structure orpresentation of the Platform or any Services, to obtain or attempt to obtainany materials, documents or information through any means not purposely madeavailable through the Platform. We reserve the right to bar any such activity.
7.4. You agree that you shall not attempt to gainunauthorized access to any portion or feature of the Platform or any featurepertaining to availing of Services, particularly any Paid Game or tournament(s)or any other systems or networks connected to the Platform or to any server,computer, network, or to any services offered on or through the Platform, byhacking, password “mining” or any other illegitimate mean.
7.5. You agree that you shall not probe, scan or test thevulnerability of the Platform or any network connected to the Platform norbreach the security or authentication measures on the Platform or any networkconnected to the Platform. You may not reverse look-up, trace or seek to traceany information on any other User of or visitor to Platform, or any other client/customer/user/memberof the Company/ Platform including any Account on the Platform notowned/operated/managed by you, to its source, or exploit the Platform or anyservice or information made available or offered by or through the Platform, inany way where the purpose is to reveal any information, including but notlimited to personal identification or information, other than your owninformation, as provided for by the Platform.
7.6. You agree that you shall not make or post anynegative, denigrating or defamatory statement and/or comment about the Platform/Company or the brand name or domain name used by the Company/ Platform orotherwise engage in any conduct or action that might tarnish the image,goodwill or reputation of the Platform/ Company or other Users on the Platformor other business partners of the Company or otherwise tarnish or dilute any ofthe Company’s trade or service marks, trade name and/or goodwill associatedwith such trade or service marks, trade name as may be owned or used by the Platform.
7.7. You agree that you will not use the Platform, its’Services or any content thereof for any purpose which is unlawful or prohibitedby the Terms or to solicit the performance of any illegal activity or otheractivity which infringes the rights of the Company/ Platform, its Users and/orother third parties.
7.8. You agree that you shall, at all times, ensure fullcompliance with the applicable provisions of the Information Technology Act,2000, and the rules thereunder as applicable and as amended from time to timeand, also all Applicable Laws, rules and regulations and international laws,statutes, ordinances and regulations regarding availing of the Services.Further, you agree that you shall not solicit (directly or indirectly) anyother Users of the Platform to avail the Services of the Platform beingdisplayed on the Platform, either independently or through a third party exceptthrough the Company/ Platform’s rules and/or policies.
7.9. The User shall indemnify and hold harmless the Platform/Company,its owners, affiliates, subsidiaries, group companies (as applicable) and theirrespective officers, directors, agents, and employees, from all losses, claims,damages, penalties, costs, expenses, demands, actions (including reasonableattorneys’ fees) suffered or incurred by the Platform due to or arising out ofbreach of these Terms and other policies of the Company/ Platform.
7.10. To enable the use of your information supplied by youto us, so that usage of any such information by Us is not construed as aviolation of any rights, you agree to grant Us a non-exclusive, worldwide,perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers)right to exercise the copyright, publicity, database rights or any other rightsyou have in your information, in any media now known or not currently known,with respect to your information. We will only use your information inaccordance with the Terms and the policies of the Company/ Platform applicableto the use of the Platform.
8. PLATFORM SERVICES
8.1. The Platform facilitates and provides the User with (i)free online Games which are freely accessible by all Users and visitors andprovides an opportunity to the User to win virtual cash rewards; and (ii) PaidGames where the User pays certain amount (“ParticipationFee”) to participate and play the Game(s) and depending upon the User’sperformance and ranking in such Paid Game, the User may win real money asreward. The terms pertaining to the payment ofthe Participation Fee is detailed in Clause 11 (Payment, Deposit,Withdrawal, Refund and Cancellation Terms) of these Terms.
8.2. The Platform allows You to play Gameswith other registered Users and/or Invited Users on the Platform. All Gamesthat are made available on the Platform are Games of Skill, and can thereforebe played by the Users on the Platform, provided the User does not belong tothe Restricted State or below 18 years of age.
8.3. You understand and acknowledge that thePlatform reserves the right to add or remove any Game format such as freegames, Paid Games, live tournaments, etc. being offered on the Platform andshall not be liable for any loss or damage to the User in furtherance to suchdecision.
8.4. You understand and acknowledge that thePlatform only offers Games falling within the scope of Games of Skill and shallnot be liable to the User for any direct, indirect, remote loss or damagecaused in whatsoever ways, in case, any such Game(s) is classified as a Gamesof Chance under any Applicable Laws or by a court of competent jurisdiction.
8.5. You agree and acknowledge that We reservethe right to determine the results and winners of each of the Games inaccordance with the applicable Game rules. By registering and/or participatingin any Game You agree that the results and winners of such Game shall not beopen to challenge by You.
8.6. Youagree and acknowledge that the Platform reserves the right to charge a fee fromthe User(s), for hosting various Games and providing Services to the Users (“Platform Fee”) and such Platform Feeshall be specified and notified by the Company prior to the User availing anyGame or participating on any Paid Games. The Platform Fee shall be certainpercentage of the Participation Fee and shall range between [●]% to [●]%, whichis applicable to all Users. Further, we also reserve the right to charge certainpercentage of the Participation Fee, ranging from [●]% to [●]% for hosting PaidGames involving online tournaments from all the Users playing and participatingin such online tournament(s).
8.7. You agree that any amount received by thePlatform as a Participation Fee to participate in a Paid Game(s) shall benon-refundable, except in the event that such Paid Game stands cancelled.
8.8. You agree and acknowledge that thePlatform provides all details Game-wise, including Participation Fee, rewarddistribution, Platform Fee and such other details related to the Game. The Usersare advised to go through the same prior to playing any Game. We shall not beliable in case you fail to brief yourself with the Game-specific details, rulesand/or regulations.
8.9. You understand that You may participatein a Paid Game once You contribute a pre-specified Participation Fee towardsthe prize money pool for such Paid Game, which is shared amongst the winner(s)of such Paid Game, as reflected in the Winning Cash wallet of such winner(s) incompliance with the rules and/or regulation of such Paid Game. To note, eachPaid Game offered on the Platform may have a predetermined limit on the numberof Users that can participate, however if the Game does not meet the requiredparticipation by the Users, the Platform holds the right to continue with suchGame at its sole discretion and that Game shall be deemed valid by thePlatform. Further, We reserve the right to make announcements in relation toany Game, in any manner that is convenient to us, and we reserve the right toextend the participation, time limit for registration, cancel any Game, andmodify any terms of any Game(s), with or without due notice to the Users.
8.10. You agree and acknowledge that the DepositCash shall neither be transferable nor refundable. Further, no cash claims canbe made by You in lieu of rewards in kind. The Company reserves the right tolimit the minimum and maximum limit on the withdrawal of Winning Cash from thePlatform, from time to time. An User shall be eligible to withdraw a minimum ofINR [●] in a single transaction and a maximum of INR [●] from its Winning Cash,within 24 hours.
8.11. You understand and acknowledge that theDiscounts, including winnings, bonuses and rewards whether monetary ornon-monetary are non-transferable. In the event You attempt to transfer anyDiscounts, the Platform reserves the right to forfeit such Discounts at itssole discretion.
8.12. You understand that the Platform mightoffer or provide You with some guaranteed cashbacks in Your Deposit Cash walletonly if You recharge Your Deposit Cash wallet with the popular packs availableon the Platform.
8.13. You agree and acknowledge that in case Youleave a Game after it has started for whatever reason, the amount pooled by Youtowards such Game shall not be refunded back to You.
8.14. You agree andacknowledge to not use any external assistance to play the Games and to notpermit any person to access or use Your Account and to not indulge in anyactivity which violates any of the Company policies.
8.15. You agree that you shall not use the Platform and/orits Services for any commercial purposes, including but not limited tooperating as a computer gaming centre in a cyber cafe, through gaming networks,or connection to an unauthorized server that copies the gaming experienceoffered by the Platform.
8.16. You agree that you shall not purchase, sell, trade,rent, license, grant a security interest in, or transfer Your Account, content,money, Discounts, standings, rankings, ratings, or any other attributesappearing in, originating from, or associated with Our Services as offered on thePlatform.
8.17. You agree that Youwill not use and will not permit any third party to use, the Services to: (i)modify, disassemble, decompile, prepare derivative works of, reverse engineeror otherwise attempt to gain access to the source code of the Services offered;(ii) knowingly or negligently use the Services in a way that abuses, interfereswith, or disrupts the Platform’s networks, Your User Account, or the Services;(iii) engage in activity that is illegal, fraudulent, false, or misleadingpertaining to the Services, particularly the Games offered on the Platform;(iv) transmit through the Services any material that may infringe theintellectual property or other rights of third parties; (v) build or benchmarka competitive program or service, or copy any features, functions or graphicsof the Platform and/or the Services; or (vi) use the Services to communicateany message or material that is harassing, libelous, threatening, obscene,indecent, and/or would violate the intellectual property rights of any party oris otherwise unlawful, that would give rise to civil liability, or thatconstitutes or encourages conduct that could constitute a criminal offense,under any Applicable Law or regulation; (vii) upload or transmit anysoftware, User Content or code that does or is intended to harm, disable,destroy or adversely affect performance of the Services in any way or whichdoes or is intended to harm or extract information or data from other hardware,software or networks of the Platform or other Users of Services; (viii) engagein any activity or use the Services in any manner that could damage, disable,overburden, impair or otherwise interfere with or disrupt the Services, or anyservers or networks connected to the Services or the Platform's securitysystems; (ix) use the Services in violation of any of the Company’s policy orin a manner that violates any Applicable Law, and You agree that You are solelyresponsible for compliance with all such laws and regulations.
8.18. Youmay not reproduce, resell, or distribute the Services or any reports or datagenerated by the Services for any purpose unless You have been specificallypermitted to do so under a separate agreement with the Company. You may notoffer or enable any third parties to use the Services purchased by You, displayon any Platform or otherwise publish the Services or any User Content obtainedfrom a Service (other than the User Content created by You) or otherwisegenerate income from the Services or use the Services for the development,production or marketing of a service or product substantially similar to that offeredon the Platform.
8.19. Pleasenote that the Company grants You a limited, non-transferable and non-exclusivelicence to use and access and make personal use of this Platform and/or theServices, but not to modify it, or any portion of it, in any manner, exceptwith express written consent of the Company.
8.20. TheUser undertakes that the User shall use the Platform/ Service(s) only foravailing Service(s) and shall not permit the Platform/Account/Service(s) to beused by or for the benefit of anyone other than the User without the Company’sprior written permission. The User is responsible for (i) providing the requisiteUser Data requested by the Platform for availing the Service(s) and accessfeatures of the Platform; and (ii) using the Platform/ availing the Service(s)in accordance with all Applicable Laws and regulations.
8.21. Inrespect of the Services, the User may be allowed to provide feedback, ratings,reviews and particulars about the experiences in respect of the Service(s) (“Feedback”), which the Company/ Platformmay or may not publish at their sole discretion. It is clarified that theCompany hereby disclaims all liability with respect to the content of theFeedback and it is clarified that the Company/ Platform does not endorse anyopinions or experiences contained within the content of such Feedback.
8.22. Any Feedback the User provides withrespect to the Platform and/or the Services provided through the Platform shallbe deemed to be non-confidential and the Company shall be free to use suchinformation on an unrestricted basis. Further, by submitting the Feedback, theUser represents and warrants that (i) such Feedback does not containconfidential or proprietary information of such User or of third parties; (ii)the Company is not under any obligation of confidentiality, express or implied,with respect to the Feedback; and (iii) the User is not entitled to anycompensation or reimbursement of any kind from the Company for the Feedbackunder any circumstances, unless specified.
8.23. The Userunderstands and acknowledge that it is solely the Users’ responsibility tocontrol its surroundings and movements at all times when playing the Game toensure that You don’t injure self, any other persons, or damage any propertyetc. Any playing of the Games is at your own risk and we shall not be liablefor any death, injury, health complications, loss (including financial loss) ordamage resulting from Your use of the Platform.
8.24. You agree andacknowledge that for the provisions of the Services, certain products,services, or functionality (including Games) made available to you via Platformmay be delivered by Third Party Service Providers. By using such products,services or functionality originating from the Platform, You accept and consentthat we can share your information and data with such Third Party ServiceProviders to the extent necessary to facilitate the provision of product,service, or functionality.
9. REFERRAL TERMS
9.1. The Platform may offer You with the option to extendthe invite to any Game(s) to Invited Users through referral codes asfacilitated by the Platform to allow You to receive certain rewards in the formof cash for each person that You (referrer) refer to play on the Platform. Provided,to participate You must at least have made one deposit in Your Deposit Cashwallet on the Platform.
9.2. You will be eligible for rewards for only such referralswhere the Invited User registers on the Platform and completes the sign-upprocess using the referral link shared by You.
9.3. Upon the discretion of the Company, the User shallhave the option to either withdraw the rewards directly from the Platform orchoose to deposit it on its Deposit Cash wallet, once the Invited User finisheswith the sign-up process.
9.4. Referral links will be generated from Your Account onthe Platform. Please note that You and the Invited User cannot have the samedevice ID as that shall be a ground for ineligibility for participation forboth the referrer and the Invited User.
9.5. Users/Invited Users found to resort to fraudulentways will not be eligible for rewards and might be blocked by the Platform, atits sole discretion. The Platform further reserves the right to confiscaterewards already given to such Users/ Invited Users.
9.6. An Invited User who has not made any deposit on the Platformwill not be eligible to receive rewards with the referrer in case the referrer becomeseligible for such rewards.
9.7. A referrer can get rewards up to a limit of INR1,00,000 permonth for making referrals as per these Terms.
9.8. We reserve the right to change the quantum of rewardsor the terms pertaining to the referrals or discontinue the referral program(s)without prior notice.
9.9. You are requested to contact our customer supportteam at support@rumbleapp.gg in case of any queries.
10. USER CONTENT
10.1. TheUser shall upload, post, display, submit or transmit certain User Content inorder to access and use certain features and/or Services on the Platform.
10.2. Youagree that You are solely responsible for the content sent or transmitted byYou or displayed or uploaded by You while using the Services and for compliancewith all Applicable Laws pertaining to the User Content, including, but notlimited to, laws requiring You to obtain the consent of a third party to usethe User Content and to provide appropriate notices of third party rights. Yourepresent and warrant that You have the right to upload the User Content on thePlatform and that such use does not violate or infringe any rights of any thirdparty.
10.3. ThePlatform does not analyze the User Content and thus is not responsible for anycopyright infringements which may affect third-parties. The User will beresponsible of any penalty, sanction, and/or fine which the courts or othercompetent authorities could issue against the Company/Platform for any suchcopyright infringements affecting any third party and non-compliance with suchrights of third parties or any part of these Terms.
10.4. TheCompany will not access, view or process any User Content, except: (a) asprovided for in these Terms and in Privacy Policy; (b) as authorized orinstructed by You; (c) as required to perform its obligations under theseTerms; or (d) as required by law. The Company has no other obligations withrespect to any User Content.
10.5. TheUser represents and warrants that: (i) it is the owner of the User Contentdisplayed, transmitted and/or shared by the User on or through the Platform orotherwise have the right to grant the license set forth in this section; (ii)the User Content does not and will not violate any third-party rights,including without limitation any intellectual property rights or rights ofprivacy or publicity; and (iii) displaying, transmitting or sharing the UserContent on the Platform does not result in a breach of contract between theUser and a third party. Additionally, the User grants the license to theCompany to use such User Content as set forth herein.
10.6. Underno circumstances will the Company be liable in any way for any:
(i) User Content that is transmitted orviewed while using the Services;
(ii) errors or omissions in the User Content;or
(iii) anyloss or damage of any kind incurred as a result of the use of, access to, ordenial of access to the User Content.
10.6. Althoughthe Platform is not responsible for any User Content, however, the Platform atits own discretion may delete any User Content or choose to not transmit anyUser Content, at any time without notice to You, if it becomes aware that suchUser Content violates any provision of these Terms, or any Applicable Law. Youretain copyright and any other rights You already hold in such User Contentwhich You submit, post, transmit or display on or through the Platform.
10.7. TheUser hereby grants the Platform a non-exclusive, royalty-free, sublicensable,and transferable license to host, store, transmit, use in any way, display andedit such User Content. This license is for the limited purpose of operating,developing, providing, and improving the Services and displaying andtransmitting the User Content for facilitating the Services to the User throughthe Platform.
10.8. TheUser hereby acknowledges that it is solely responsible for the User Content andshall be solely liable for any consequences including, but not limited to anyclaims, costs, losses, damages, expenses, judgments, any other possibleconflicts, disputes, or issues arising out of or related to such User Content.
10.9. TheUser agrees and acknowledges that the User Content posted, shared or uploadedon the Platform shall be the property of the User and the User shall be solelyresponsible for any unauthorized use or misuse of such User Content and furtherindemnify and hold harmless the Company for any claim, damages, losses,expenses brought against, accrued and/or incurred by the Company in thisregard.
10.10. TheUser shall not display, share or otherwise transmit any image, photograph orpicture through the Platform or while availing the Services that:
(i) is unlawful, harmful, defamatory,obscene, abusive, offensive, pornographic, indecent, lewd, harassing,threatening, invasive of personal privacy or publicity rights, or otherwiseobjectionable;
(ii) would constitute, encourage or provideinstructions for a criminal offense, violate the rights of any party or otherwisecreate liability or violate any Applicable Law;
(iii) mayinfringe any third party intellectual or proprietary right;
(iv) containsany private or personal information of a third party without such third party’sconsent;
(v) contains any information or content thatyou do not have a right to make available under any Applicable Law; or
(vi) is,in our sole judgment, objectionable or that restricts or inhibits any otherperson from using or enjoying our Services, or that may expose the Company/Platform to any harm or liability of any type.
11. PAYMENT, DEPOSIT,WITHDRAWAL, REFUND AND CANCELLATION TERMS
11.1. Payment
11.1.1. Please notethat the User can avail the Services pertaining to accessing the free Gamesoffered by the Platform, on the Platform without any fee payment. However, togain access to the Paid Games as offered through the Platform, the User has tomake full payments towards the Participation Fee at the time of registrationfor that specific Paid Game(s). Forthe purpose of making payments towards the Participation Fee, the User can makesuch payments by (a) Credit/Debit Card; (b) Paytm Number; (c) UPI ID; or (d) any other mode ofelectronic payment as provided on the Platform.
11.1.2. Please note that any payment andtransaction in respect of Service(s) under these Terms may be facilitated by orthrough third-party payment processors, online fund transfer facility throughbanks or credit cards or mobile & internet-based payment/ commerce Platformsor authorized payment gateway networks as recognized and authorized by theReserve Bank of India (“Payment Facilitators”). In this respect, it isclarified that services of Payment Facilitators are utilized for the purposesof making any payment transaction in respect of Service(s) under these Termsand use of such services of Payment Facilitators shall not render the Platformliable or responsible or assume any liability, whatsoever in respect of anyloss or damage, arising directly or indirectly to the User on account of (i)lack of authorization for any transaction(s); (ii) exceeding the pre-set limitmutually agreed by and between the User and his/ her bank; (iii) any paymentissues arising out of the transaction; (iv) decline of transaction for anyreason; or (v) for any other reason whatsoever.
11.1.3. It is agreed between the Parties that allpayments made against the Services on the Platform shall be in INR and the Platformshall not facilitate transaction with respect to any other form of currency forthe payment to be made to avail the Services.
11.1.4. Any payment in respect of Services shallbe subject to applicable tax laws of India.
11.2. Deposit
11.2.1. The Platform maintains a User Account forYou to keep a record of all Your transactions with Us such as paymentsconnected with participation in Paid Games which have to be made through YourUser Account. All deposits made by You are credited in the Deposit Cash walletfor playing and participation in Paid Game(s) purposes and all Your winningsincluding Discounts are credited by Us into the Winning Cash wallet, which isavailable for withdrawal purposes by You.
11.2.2. You are free to deposit money as You wantin the Deposit Cash wallet for the purpose of participating in Paid Gamessubject to the specified amount for a single transaction or a specified setlimit if notified by the Platform.
11.2.3. Upon receipt of Your deposit request, thePlatform verifies the same, and when accepted, the same will be processedwithin 24-48 hours and the same will be added to Your Deposit Cash wallet inYour User Account.
11.2.4. You shall not make transfer from YourUser Account to another User’s Account on the Platform.
11.2.5. If You find any issues in connection withadding cash to Your Depositing Cash wallet, You may send a complaint to Us byreaching out to Our customer support team at support@rumbleapp.gg.
11.2.6. Once the amount is credited to yourDeposit Cash wallet after a successful payment transaction, You can play PaidGames. You agree and understand that in the event the credit gets delayed oreventually declined in Your Deposit Cash wallet for reasons beyond Our control,We will not be held liable in any manner whatsoever.
11.2.7. For the time being, all funds collectedfrom You are pooled and held in trust by Us in the Company’s current account,which is kept unencumbered and separate from the Company’s corporate funds.
11.3. Withdrawal
11.3.1. You can only withdraw amount from theWinning Cash wallet when You have made at least one cash deposit with Us andthereafter played at least one Paid Game.
11.3.2. You can only withdraw the money availablein Your Winning Cash wallet at any and all times.
11.3.3. You may withdraw all or part of theWinning Cash balance to Your designated Bank Account, provided you share yourbank account details, UPI ID, or Paytm number for credit purposes with Us.
11.3.4. You agree that Your withdrawal(s) shallbe governed by the following conditions:
(i) Your withdrawals shall be subject to the levy ofapplicable service fee, processing fee (depending on the withdrawal method),and applicable taxes.
(ii) You are permitted to make 1 (one) withdrawal requestper day, subject to applicable limits.
(iii) Your withdrawals shall be made to You either byelectronic wire transfer, and/or any other manner in accordance with yourpreferences and Applicable Law.
(iv) You agree and acknowledge that We shall not be liableto pay any form of compensatory amount to You for the reason of delays inprocessing Your withdrawal request(s) and remitting payments.
(v) You agree that withdrawal(s) in Your bank accountshall be reflected within 24-48 hours of acceptance of Your withdrawalrequest(s) by the Company.
11.3.5. You agree that the Platform shall neitherbe liable nor responsible for any know your customer (“KYC”) verification of the User. You shall provide the Platform withthe relevant bank account details and remitting payment options You choose forUs to remitting payments to You.
11.3.6. You agree and acknowledge that Yourwinnings may be disclosed to the relevant authorities by the Platform, ifrequired, and requisite amounts may be withheld from pay-outs, in order toensure compliance with applicable law and lawful requests from the government,regulatory bodies, or an order of any court of competent jurisdiction.
11.4. Refund& Cancellation
11.4.1. You can request an online refund anytime fromthe Company/Platform in the following instances:
(i) where the Game is cancelled on account of a technicalissue or defect solely attributable to the Platform/Company; or
(ii) where the Platform discovers a violation of thePlatform Policies by the players of a particular Game which unduly prejudicedthe User entitled to the refund.
11.4.2. Upon receipt of Your refund request, thePlatform verifies the same, and when accepted, the same will be processedwithin two (2) weeks and the requisite refund amount will be added to Your UserAccount.
12. INDEMNITY
Inaddition to and not in derogation of, the specific indemnities provided by Youto the Company under these Terms and/or policies of the Company, You agree toindemnify, defend and hold harmless the Company and its affiliates, officers,directors, employees, consultants, representatives, shareholders, contractors,users and agents etc. against any and all Losses arising out of or inconnection with, any claim, suit, action or other proceeding brought againstthe Company/ Platform, to the extent such losses are based on or arising out ofor in connection with: (a) any breach or non-performance of any of the Termsand/ or other terms and conditions of the Company/ Platform with respect to useand access of the Platform and availing of Service(s); (b) truthfulness andcorrectness of the data and information provided by the User at the time of creatingan account on the Platform and/ or availing the Service(s); (c) any claim whichthe User may have with respect to transaction, dealing and arrangement with theother user of the Platform or with an third party; (d) any content posted bythe User on the Platform and User's use of the Service(s) available on the Platform;and/or (f) breach of any third party rights (including, but not limited to,claims in respect of defamation, invasion of privacy, or infringement of anyother intellectual property rights).
13. INTELLECTUALPROPERTY RIGHTS
13.1. For the purpose of these Terms herein, the terms, “IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, allpatents, copyrights, trade secrets, service marks, trademarks, trade names,trade dress, trademark applications and registrations, internet domain names,design rights, and all other proprietary and intellectual property rights asmay exist now and hereafter come into existence, and all renewals andextensions thereof, regardless of whether any of such rights arise under anyApplicable Law.
13.2. It is further acknowledged and agreed by you that allthe IPRs in all material presented on the Platform, including but not limitedto text, audio, video or graphical images, interfaces, graphics, design,compilation, information, computer code, programs, products, software,downloadable software, trademarks, logos and all other material appearing onthe Platform are the property of the Company, its parent, affiliates andassociates and are protected under the applicable Indian laws.
13.3. It is hereby clarified and agreed by you that (i) theCompany/ Platform owns all the intellectual property rights in and relating tothe Company/ Platform and Services (excluding Games developed or licensed bythird party game developers/studios to the Company) offered through Platformand your use of the Platform and/or availing of Services does not grant orconfer you any rights in relation to our IPRs or our affiliates’ or licensor’sor suppliers’ IPRs; (ii) the structure of the Platform shall not be reproduced,distributed or published, in whole or in part, by you for any purpose; otherthan in connection with your private use of the Platform and/ or availing ofServices, you shall not copy, reproduce, download, publish, adapt, createderivative works, re-publish, post, broadcast, record, print, commerciallyexploit, transmit, edit, communicate to the public or distribute in any otherway, any IPRs or content in relation to the Platform and/ or availing of theServices or the computer codes or elements which comprise the Platform; (iii)by using, accessing or visiting the Platform and/ or availing the Services, youacknowledge and agree that the general layout, content and design of the Platformis protected by copyrights, trademarks, service marks, patents or otherproprietary rights and laws and these Terms does not grant to you any rights toany IPRs in respect of the Platform or any content; (iv) the User cannot createany derivative work or technology based upon any IPRs, confidential orproprietary information of the Company/ Platform and/or its’ Services; (v) theUser cannot adapt or use any trademark, service mark, trade name, logo ordomain name similar to or likely to be confused with those of the Company/ Platformor take any other action that infringes upon or impairs the Company’s trademark(whether registered or unregistered) or other IPRs; and (vi) other than as set outin this clause and the Platform’s policies, you are not permitted to use any ofour intellectual property rights without our (and our affiliates’, licensor’sor suppliers’) prior written consent.
14. TERMINATION
14.1. You agree that the Company, in its sole discretionand for any, including inter aliawithout limitation if you breach these Terms, may terminate your access to anduse of the Platform, at any time. You agree that any termination of your accessto the Platform and/ or suspension/ termination of your Account may be affectedwithout prior notice, and in this respect the Company/ Platform shall not beliable to you for any such termination. Your right to use the Platformimmediately ceases upon termination of your access/use of the Platform.
14.2. The provisions of these Terms shall continue to applyuntil terminated by either of the Party. In case of User wanting to terminatethese Terms, the User may do so by: (i) not accessing the Platform; and/or (ii)deleting their Account.
14.3. We reserve the right to, at any time, and with orwithout notice, terminate these Terms against the User, if:
(i) there is anybreach of any Applicable Law(s) or the provisions of these Terms or the termsof the Privacy Policy, the Company’s Policies or any other terms, conditions,or policies that may be applicable to the User from time to time (or have actedin a manner that clearly shows that the User do not intend to, or are unableto, comply with the same); or
(ii) the Platform isunable to verify or authenticate any information provided to the Platform bythe User;
(iii) We believe, inits sole discretion, that the User’s actions may cause legal liability to theCompany/ Platform, (or any of its affiliates, independent contractors, serviceproviders, consultants, licensors, agents, and representatives) or are contraryto the interests of the Platform;
(iv) We are requiredto do so by law; or
(v) the User fails toprovide (or after providing such consent, later revoke) the consents necessaryor desirable for the Company to provide the Services to the User;
14.4. You acknowledge and agree that the Company mayimmediately deactivate or delete your Account and all related information inyour Account and/or bar any further access to such information or theService(s). Further, you agree that the Company shall not be liable to you orany third-party for any termination of your Account or denial of access to theService(s)/Platform. In the event of termination of your Account by the Companydue to any of the aforementioned reasons or these Terms, the Company shall havethe sole discretion to terminate or cancel any of your past acts without anyliability to the Company.
14.5. The Company does not permit copyright infringingactivities on the Platform and reserves the right to terminate access to the Platformand remove all content submitted by any persons who are found to be infringers.Any suspected fraudulent, abusive, or illegal activity that may be grounds fortermination of your use of the Platform may be referred to appropriate lawenforcement authorities. These remedies are in addition to any other remediesthe Company may have under law, contract and/or equity.
14.6. The User is entitled to terminate this legalrelationship, at all times by deletion of the Account and, thus disabling theuse of the Platform/ Service(s).
15. LIABILITY
15.1. In no event shall We, or our officers, directors,employees, partners or suppliers be liable to you or any third party for anyspecial, incidental, indirect, consequential or punitive damages whatsoever,including those resulting from loss of use, data or profits, whether or notforeseeable or whether or not We have been advised of the possibility of suchdamages, or based on any theory of liability, including breach of contract orwarranty, negligence or other tortious action, or any other claim arising outof or in connection with your use of or access of the Platform and/or availingof Service(s).
15.2. You release and indemnify the Platform/Company and/orany of its officers and representatives from any Losses, liability or otherconsequence of any of the actions of the other Users of the Platform andspecifically waive any claims that you may have in this behalf under anyApplicable Law. Notwithstanding its reasonable efforts in that behalf, theCompany/Platform cannot take responsibility or control the information providedby other Users which is made available on the Platform.
15.3. The Company/ Platform shall not be liable for anyloss or liability to the User caused by any unauthorized use of the User’sAccount and the User, in this respect, shall indemnify, defend and holdharmless the Company and its affiliates, officers, directors, employees,representatives, shareholders, contractors, users and agents etc. against anyand all losses, liabilities, claims, damages, demands, costs and expenses(including legal fees and disbursements in connection therewith and interestchargeable thereon) arising out of or in connection with any claim, suit,action, or other proceeding brought against the Company/ Platform to the extentof such losses being based on or arising out of or in connection with suchunauthorized or fraudulent use of the User’s Account.
15.4. User will be responsible for and thus releases theCompany from, any and all liabilities, losses, claims and damages that mayarise out of or in connection with the disclaimers as mentioned under these Termsand further agrees to hold harmless and indemnify the Company in this regard.
15.5. The Company/ Platform shall not be held responsiblefor non-availability of the Platform during periodic maintenance operations orany unplanned suspension of access to the Platform. The User understands andagrees that any material and/or data downloaded at the Platform is doneentirely at Users own discretion and risk and the User will be solelyresponsible for any damage to their mobile or loss of data that results fromthe download of such material and/or data.
15.6. You agree that our maximum aggregate liability forall your claims under these Terms, in all circumstances, other than for thepayment of Winning Cash in your User Account, shall be limited to INR 25,000 (IndianRupees Twenty Five Thousand) or such aggregate of the amount in the depositcash wallet and the Winning Cash, whichever is lesser.
16. DISCLAIMERS
16.1. THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “ASIS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORMOR THE INFORMATION, OR CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREETHAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THERIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME INITS DISCRETION.
16.2. THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATIONREGARDING THE REWARDS (BOTH REAL OR VIRTUAL) THAT MAY BE OBTAINED FROM THE USEOF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATIONOBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'SREQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THESERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISEOBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
16.3. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE ORPERFORMANCE OF THE SERVICES REMAINS WITH YOU. THE PLATFORM DOES NOT ASSUME ANYRESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEENUSERS. USE IS AT YOUR OWN RISK.
16.4. IT IS HEREBY CLARIFIED THAT YOUR ELIGIBILITY ORPARTICIPATION IN ANY GAMES, PARTICULARLY PAID GAMES DOES NOT GUARANTEE A REWARDAND NO REWARD CAN BE CLAIMED AS A MATTER OF RIGHT. MOREOVER, IN CASE OF ANYDISPUTES WITH RESPECT TO ANY GAME OR REWARD ASSOCIATED WITH SUCH GAME,PLATFORM’S DECISION WILL BE FINAL AND BINDING. IN CASE YOU FOUND VIOLATING ANYOF THESE TERMS, THEN YOU MAY BE HELD INELIGIBLE FOR PARTICIPATING IN ANY GAMEBY US AND YOUR REWARD MAY BE FORFEITED BY US WITHOUT ANY PRIOR NOTICE.
16.5. THE PLATFORM RESERVES THE RIGHT TO RECTIFY THE ERROR (ONITS SOLE DISCRETION) IN A MANNER THE PLATFORM DEEMS FIT IN CASE OF ANY ERROR,INCLUDING ANY ERROR IN THE DETERMINATION OF WINNERS OR IN THE TRANSFER OFAMOUNTS TO THE USER/WINNERS’ ACCOUNT.
16.6. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BYTHE USER FROM THE PLATFORM OR THROUGH OR FROM THE SERVICES AVAILED BY THE USER,SHALL CREATE ANY WARRANTY BY THE PLATFORM/COMPANY.
16.7. UNDER NO CIRCUMSTANCES SHALL THECOMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THESERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THESERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THEINTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORMOR ITS’ SERVICE(S).
16.8. THE PLATFORM MAY INCLUDE LINKS TO OTHER MOBILEAPPLICATIONS AND/OR WEBSITES. HOWEVER, THE PLATFORM DOES NOT ENDORSE OR SUPPORTTHESE LINKS OR THE PRODUCTS AND SERVICES THEY PROVIDE. WE ARE NOT RESPONSIBLEOR LIABLE FOR THE CONTENT OR ACCURACY OF SUCH LINKS.
16.9. THE PLATFORM MAY STOP ANY PROVISION OF THEPLATFORM/SERVICES (OR ANY PART THEREOF), PERMANENTLY OR TEMPORARILY, TO THEUSERS OR MAY MODIFY OR CHANGE THE NATURE OF THE PLATFORM AND/OR THESE TERMS ATITS SOLE DISCRETION, WITHOUT ANY PRIOR NOTICE TO YOU. ANY USE OF THE PLATFORMFOLLOWING ANY SUCH MODIFICATION/ CHANGE CONSTITUTES YOUR DEEMED ACCEPTANCE TOBE BOUND BY THESE TERMS.
16.10. TO THE EXTENT PERMITTED UNDER LAW, IN THE EVENT OFSUSPENSION (TEMPORARY OR PERMANENT) OR CLOSURE OF ANY PROVISION OF THE PLATFORMOR ITS SERVICES, INCLUDING BECAUSE OF ANY GOVERNMENT OR COURT ORDER BY ACOMPETENT JURISDICTION OR INTRODUCTION OF ANY NEW LAW, FORCE MAJEURE EVENT ORANY OTHER CAUSE BEYOND OUR CONTROL, YOU SHALL NOT BE ENTITLED TO MAKE ANYDEMANDS, CLAIMS OF ANY NATURE WHATSOEVER.
16.11. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS,THE COMPANY/PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED HEREBY. THECOMPANY/PLATFORM DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/OTHER COMMUNICATION SENT FROM THE COMPANY/PLATFROM ARE FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS. THE PLATFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KINDARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT,INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
17. SEVERABILITY
17.1. If for any reason, a court of competent jurisdictionfinds any provision of these Terms, or portion thereof, to be unenforceable,that portion shall be enforced to the maximum extent permissible so as to giveeffect to the intent of the parties (the User and the Company collectively) asreflected by that provision. The remainder of the Terms shall continue in fullforce and effect.
18. WAIVER
18.1. No provision of these Terms shall be deemed to bewaived and no breach excused unless such waiver or consent shall be in writingand signed by the Company. Any consent by the Company to, or a waiver by theCompany of any breach committed by you, whether expressed or implied, shall notconstitute consent to, waiver of, or excuse for any other different orsubsequent breach.
19. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
19.1. These Terms are subject to the laws of India. These Termsshall be governed by the laws of India. Subject to Clause 19.2 below, courtsand tribunals of New Delhi, India, have exclusive jurisdiction to settle anydispute arising out of or in connection with these Terms (including anydisputes regarding the existence, validity or termination of these Terms).
19.2. All disputes arising out of or in connection with theTerms shall be attempted to be settled through negotiation between seniormanagement of the Company and the User. If any dispute arising between theParties is not amicably settled within reasonable period of sixty (60) days ofthe initiation of the aforesaid dispute resolution mechanisms, then, the sameshall be resolved by arbitration in accordance with the provisions of theArbitration and Conciliation Act, 1996, as applicable and amended from time totime.
19.3. The dispute shall be referred to a sole andindependent arbitrator to be appointed/ nominated by the Parties. The seat andvenue of the arbitration shall be New Delhi, India.
19.4. The language of the arbitration will be English. Thedecision of the arbitrator will be final, binding and incontestable and may beused as a basis for judgment thereon in India or elsewhere. The Company and theUser will bear its own costs of the arbitration.
20. NOTICES
TheCompany may give notice by means of a general notice on the Account or Platform,or by electronic mail to User’s email address or contact number, or by writtencommunication sent by regular mail to User’s address on record in the Account.The User may contact Company by electronic mail to the compliance/ Grievance Officerat the email address or by written communication sent by regular mail to theaddress provided below.
21. FORCE MAJEURE
21.1. The Company shall not be liable for any failure toperform any obligations under these Terms or in respect of provision of theService(s) through the Platform, if the performance is prevented, hindered ordelayed by a Force Majeure Event and in such case its obligations shall besuspended for so long as the Force Majeure Event continues.
22. OTHER TERMS
22.1. Other than that, when expressly allowed, any use ofour content and it being reproduced, republished, uploaded, posted, publiclydisplayed, encoded, translated, transmitted or distributed in any way(including "mirroring") to any other computer, server, Platform orother medium for publication or distribution or for any commercial enterprise,without our express prior written consent is not allowed.
22.2. Please note that if You navigate away from the Platformto a third-party Platform or application, then You may be subject to and boundby alternative Terms and privacy policy applicable to such third-party Platformor application.
22.3. The rights and obligations under the Terms which bytheir nature should survive will remain in full effect after termination orexpiration of the Terms.
22.4. No partnership, joint venture or relationship ofemployee/ employer or franchisor/ franchisee arises between you and Us byreason of the Terms.
22.5. In our discretion We may serve any notice orcommunication on you by mail, text or on your User Account. In the case ofnotices sent by Us through either of these modes, you will be deemed served 5(five) business days after dispatch of the same.
22.6. As part of the registration process you agree toreceive such marketing and promotional materials via mail, SMS, and/or anyother mode of communication as We may deem appropriate to send you inconnection with our Platform and Services. For further details relating to thesame, please refer to our Privacy Policy.
23. GRIEVANCE OFFICER
23.1. In accordance with the provisions of the IT Act, andrules made thereunder, We have appointed [●] as the ‘Grievance Officer’ ("Grievance Officer"). Anycomplaints, abuse or concerns with regards to content and or comment or breachof these Terms shall be immediately informed to the Grievance Officer bywriting an email, having ‘Grievance Officer’ as the subject line, at [●] or bywriting to the following address:
Grievance Officer, [●]
**********************