1. Definition and Interpretation
1.1.1. Applicable Laws - shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.
1.1.2. Advertisement on Application – shall mean and refer to all the third party digital marketing and promotion activities on the Application by Google Play-store/third party advertisement mediation networks.
1.1.3. Advertisement Service through the Application - shall mean and refer to all the third party digital marketing and promotion activities on the Application by the Company.
1.1.4. Content – shall mean and refer to all the text, advertisement, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, artwork, video chat, audio chat and games details.
1.1.5 Service – shall mean and refer to User access to play the Games through the Website and/or Application.
1.1.6 Third Parties – shall mean and refer to all the legal entities either individual or entity linked on the Website or Application apart from the Users and the creator of this Website and Application.
2. Application Overview
The Company owns and operates the Application wherein Users can play multiple Games as available on the Application. The Company keeps updating new Games on the Application, from time to time.
The User can also choose the mode of the Game, they can either play it as solo challenges, one versus one, team, etc., as available for each Game.
3. Services on the Application
The Company has created this Application to enable Users have access to multiple Games at one point having multiple playing mode. And also you are using the Service and the Application at your own risk. To avail of the Services through our Application, the Users need to sign-up on the Application, as per the sets mentioned under this Terms and Use and other relevant policies, as attached on the Application.
The Users can sign-in on this Application through Google sign-up/ Facebook sign-up, as available from time to time.
Registration on the Application is mandatory for Users and they can do so through their Google or Facebook Account. The Users can register by providing the following information:
ii. Google, or Facebook Account, or Instagram, or Truecaller (*Mandatory) as available on the Application from time-to-time.
Mlympix also collects data on time spent and activities inside the Application to provide reports and usage analytics. Mlympix also analyses your behavior on the Application.
6.3. You shall not use the Application if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rule, or regulation, currently in force.
8.1. General: All the Content is generated/provided or based on information provided by the Users or Third Parties. We have no control and make no guarantees regarding the quality, accuracy, integrity, and/or genuineness of such Content or such other information provided on the Application.
8.2. All the Content displayed on the Application is subject to copyright It shall not be reused by You (or a Third-Party) without the prior written consent from the Company and the copyright owner.
8.3. You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Application, and whilst feedback and comments by You can be made via the Application, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Application. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
8.4. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Application. You shall not copy, adapt, and modify any Content without written permission from the Company .
a) Your use of the Application;
c) Your violation of any rights of another Parties, Users, and/or Third-Party;
e) Your conduct in connection with the Application.
You agree to fully cooperate in indemnifying the Company at your own expense. You also agree not to settle with any party without the consent of the Company .
In no event shall we be liable to compensate you or any Third Party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with your use of, or access, or availing Services from or materials contained therein on the Application.
10. Limitation of Liability
10.1. We are not responsible for any consequences arising out of the following events:
10.1.1. if the Website and/or Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
10.1.2. if you have fed incorrect information or data or for any deletion of data;
10.1.3. if there is an undue delay or inability to communicate through email;
10.1.4. if there is any deficiency or defect in the Services managed by the Company ; and
10.1.5. if there is a failure in the functioning of any other Service provided by the Company .
10.2. The Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any Third-Party, resulting from the use or misuse of the Application or any Service provided by the Company through the Application. The Service and any Content or material displayed of the Services are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Application.
10.5. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
11.4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
11.5. In the event of any suspicious activities on the Website and/or Application as suspected by the Company, the Company has the sole right to terminate your access and take legal actions against you.
11.6 It is also hereby declared that we may discontinue the Services on the Websites and/or Application without any prior notice.
12.1. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
12.2. We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
12.3. We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Application and providing your identity and contact information to the Company through the Application, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.
You can report to firstname.lastname@example.org if you find any discrepancy with regard to Application or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
14. User obligations and formal undertakings as to conduct
You agree and acknowledges that you are a restricted user of this Application and you:
14.1. agree to provide genuine credentials during the process whenever required on the Application. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;
14.2. agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date;
14.3. You agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;
14.4. understand and acknowledge that the data submitted is manually entered into the database of the Application. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the Services through the Website and/or Application;
14.5. authorize the Application to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes, and for optimisation of User-related options and Services;
14.7. are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Application. Any such use/limited use of the Application will only be allowed with the prior express written permission;
14.8. agree not to access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface provided by the Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application will lead to suspension or termination of your access to the Application. We disclaim any liabilities arising concerning such offensive Content on the Application; and
14.9. expressly agree and acknowledge that the Content generated by the Users and displayed on the Application is not owned by the company and that we are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Application, at our sole discretion.
You further undertake not to:
14.10. engage in any activity that interferes with or disrupts access to the Application or the Services provided therein (or the servers and networks which are connected to the Application);
14.11. impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
14.12. probe, scan, or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Application, or any other viewer of the Application, including any User account maintained on the Application not operated/managed by the User, or exploit the Application or information made available or offered by or through the Application, in any manner;
14.13. disrupt or interfere with the security of, or otherwise cause harm to the Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated or linked Application;
14.15. violate any code of conduct or guideline which may apply for or to any particular Service offered through the Application;
14.16. violate any applicable laws, rules, or regulations currently in force within or outside India;
14.18. commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Application;
14.19. you hereby expressly authorize the Company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;
14.20. by indicating your acceptance to use any Services offered through the Application, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail Services where the transactions have remained incomplete;
14.21. you agree to use the Services provided by the company, our affiliates, consultants and contracted companies, for lawful purposes only;
14.22. you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Application without prior intimation whatsoever;
14.23. you agree not to post any material on the Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
14.23.1. belongs to another person and to which you have no right to;
14.23.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
14.23.3. is in any way harmful to minors;
14.23.4. infringes any patent, trademark, copyright or other proprietary rights;
14.23.5. violates any Applicable Law for the time being in force;
14.23.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
14.23.7. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
14.23.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
14.23.9. publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
14.23.10. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
15. Suspension of User access and activity
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Application, and/or refuse to the usage of the Application, without being required to provide you with notice or cause:
b. if you have provided wrong, inaccurate, incomplete or incorrect information; and
c. if your actions may cause any harm, damage or loss to the other Users or the company, at our sole discretion.
16. Intellectual Property Rights
You shall not use any of the Intellectual Property displayed on the Application in any manner that is likely to cause confusion among existing or prospective users of the Application, or that in any manner disparages or discredits the Application, to be determined in the sole discretion.
You are aware all Intellectual Property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the aforementioned creators. You are aware that we merely provide the Application through which you can communicate with other Users and the Application does not own any of the Intellectual Property relating to the independent Content displayed on the Application, apart from created graphics and specified Content.
17. Disclaimer of Warranties and Liabilities
17.1. Mlympix does not guarantee the quality of the Service provided on the Website and/or Application. We also do not guarantee quality of the advertisement or services procured thereafter from such third parties. You undertake to avail all the Service from the Website and/or Application at your own risk either from Us or from any third party.
17.2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Application, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
17.3. We do not guarantee that the features and content contained in the Application will be uninterrupted or error-free, or that the Application or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Application.
17.4. Users are not allowed to promote other websites or links that invite other users to go to websites links. Inviting people to social media accounts, competitive sites, will be marked as violations.
17.5. Users are requested to not ask for or share personal or company details unless it is directly related to any third party unless they agree to provide such details to avail services from the third party. The User are sharing such information at their sole discretion. Please consult email@example.com if you have any questions regarding the same.
18. FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
19. DISPUTE RESOLUTION AND JURISDICTION
In the event the Parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Jaipur, India.
20. MISCELLANEOUS PROVISIONS