TERMS AND CONDITIONS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as Applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.mobilegamingarcade.com website and MGA mobile Portal / App.

These terms and conditions of use (“Terms”) along with privacy policy (“Privacy Policy”) forms a legally binding agreement (“Agreement”) between You and us (“Futuristic Innovative Systems Private Limited”, “Futuristic”, “Mobile Gaming Arcade”, “MGA” “Our”, “We”, “Us”).

Hence, We insist that You read these Terms and Privacy Policy and let Us know at support@mobilegamingarcade.com if You have any questions regarding the same. We will try our best to answer Your queries.

DEFINITIONS AND INTERPRETATION

Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:

(a) “App” means the mobile Application developed by MGA for WAP / android and/or iOS mobile platform, including any updates thereof.

(b) “Mobile Game” refers to video games of skill available on our Portal / App developed for Us / MGA by third party game developers under a contract of employment and video games subscribed / purchased by MGA from third parties.

(c) “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable law.

(d) “Portal” means the Web portal www.mobilegamingarcade.com developed by MGA for including any updates thereof.

(e) “Sponsored Content” means content distinct from other regular editorial content displayed on the Portal / App, in the form of audio, video, text and/or image media which supports a third party Person’s brand message or views that is readily identifiable upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words other than those used for regular editorial content (such as meaning).

(f) “Sponsored Content Partner” means a User engaged with Us for display of Sponsored Content on the Portal / App including but not limited to advertising on the Portal / App.

(g) “User” or “You” or “Your” refers to any Person who has accepted this Agreement to download and/or use the Portal / App.

Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.

Headings and captions are used for convenience only and not for interpretation of the Agreement.

Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.

PORTAL / APPROVAL OF THE USER / YOU

You / Users Approve of and accept this Agreement / Terms of Use by:

(a) downloading and/or installing the Portal / App on Your device; or

(b) accessing or using the Portal / App or any of the content available within the Portal / App from any device; or

Users may accept this Agreement only if:

(a) if such User is a natural Person, is of the legal age (i.e. 18 years), eligibility and mental capacity to form a binding contract with MOBILE GAMING ARCADE .

(b) if such User is a juristic Person, is lawfully existing and has all the authorizations, permits and allowances to enter into this Agreement and form a binding contract.

You understand that We want You to, not use the Portal / App if You do not understand, Approve of or accept all the terms specified in this Agreement. Hence, You are requested to read these Terms and Privacy Policy carefully and understand the Agreement before You accept it and agree to be bound by it by clicking on “I Accept” button at the end of these terms.

The Agreement shall govern the relationship of each User with Us. However, We may also execute separate written agreements with the User(s), if so required. In case of conflict between terms of such separate written agreement and this Agreement, the terms of the separate written agreement shall prevail.

PROVISION OF THE WEBITE / PORTAL AND APP.

The Portal / App is designed to provide You an in-website / in-App browsing experience through an embedded browser. The Portal / App is per se a platform which hosts Mobile Games created for Us and also the mobile games purchased by us from third parties. The Portal / App does not host, display or transmit any content owned by third parties on its servers, unless We either have a license or are not prohibited under the Applicable law, to do the same.
When You play a game, You agree and acknowledge that the Portal / App does not create and/or broadcast any content on its own accord and Mobile Gaming Arcade is not responsible or liable in any manner for the content or accuracy of the Mobile Game that may be accessed by You through the Portal / App.
The Portal / App may include links to other mobile Applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
You agree and acknowledge that We may, pursuant to its engagement with certain Sponsored Content Partners, place certain Sponsored Content on, about, or in conjunction with the other content within the Portal / App. The manner, mode and extent of display of such Sponsored Content is subject to change without a specific notice to You. We don’t promise to, but will make our best efforts to give You a prior notice in this regard.
In order to provide the Portal / App to You, We may request You to register and/or provide information about yourself. We trust that any information provided by You will always be true, accurate, complete and updated.
The content displayed on the Portal / App is for Your non-commercial and personal use only. However, Sponsored Content Partners may use the Portal / App to display their respective Sponsored Content for commercial purposes. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Portal / App.
We may stop provision of the Portal / App (or any part of the Portal / App), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Portal / App and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the Portal / App following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
You agree and acknowledge that your use of the Portal / App may require you to incur certain charges. In case, you access the Portal / App through WAP browser routing it through your telecom service provider, you may be charged an amount by the telecom service provider, from your prepaid balance or you may be billed separately by the telecom service provider in case of post-paid connections, for which We / MGA exercises no control and will not be liable to refund the aforesaid amount so charged / billed by telecom service provider to You under any circumstances and refund, if any will be at the sole discretion of the telecom service provider.
In case of your access to the Portal / App through web browser, apart from free access to the website/ Portal and games available on the website / Portal, you will be required to purchase tickets / tokens / coupons, as he case may be upon payment of a specified amount indicated therein. The tokens/ tickets / coupons once purchased are non-refundable and you agree and acknowledge that MGA/ We will not be liable under any circumstances for refund of amount spent on the purchase of tickets / tokens / coupons by you or for any actions in this regard.
You are responsible for all data charges and other expenses payable by you to our Telco partners or otherwise, You incur through use of the Portal / App.

YOUR AGREEMENT WITH MOBLIE GAMING ARCADE

This Agreement / Terms of Use is a legal and binding contract between the parties.
Any violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party or Person. You are responsible for Your content, conduct and activities while using the Portal / App, and for any consequences thereof.
If any provision of the Agreement is found to be unenforceable under the Applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
We may choose to not act with respect to a breach of this Agreement by You or others, but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or unintended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

USE OF THE WEBSITE / PORTAL AND MOBILE APP

You will open the website by vising the portal or can open / browse the portal on your mobile phone device through WAP portal and / or can download and install the Portal / App from Google Play Store and/or Portal / Apple play store or download it from link on our website, as the case may be for using it. You will also download and update the relevant latest versions of the Portal / App and any relevant updates provided by Us to avail continued access to the Portal / App. Notwithstanding anything else contained herein, You may use the Portal / App for display of Mobile Games or Sponsored Content for any commercial use or as a Sponsored Content Partner only upon a written Approval from Us in this regard. Please write to Us at _______ for more information on engaging with us as a Sponsored Content Partner.
The Portal is presently available to You free of cost, when accessed through WAP or web and you can visit the portal / website without payment in this case, while participation in the contests is only upon purchase of tokens / tickets / coupons and also access / use through Telco subscriptions are paid for a certain amount of usage and will be charged y Telco partners directly.
If you, visit the portal / App through our Telco partners, you will be charged directly by the Telco partners after asking for your consent to proceed.
We may amend these Terms and impose a cost on the use / access to the Portal / App in future. We don’t promise to but will make best efforts to give You a prior notice in this regard.
User will use the Portal / App only for such purposes as is permitted by:

(a) this Agreement; and

(b) if User is a natural Person, any law, regulation or generally accepted practices or guidelines Portal / Applicable in the country of which User is a citizen, in which User is resident or from where User uses the Portal / App; or

(c) if User is a juristic Person, any law, regulation or generally accepted industry practices and guidelines Applicable in the country where User is registered, where User maintains its principal office or from where User uses the Portal / App.

For Your use of the Portal / App, We / Mobile Gaming Arcade grant You a limited, non-exclusive, non-transferable right to install and use the Portal / App on Your android/iOS device. However, You shall not copy the Portal / App or any of its components, except for the purpose of making a single archival backup copy.
We / Mobile Gaming Arcade also grant You a non-exclusive, non-transferable license to access such content on the Portal / App which is owned by Us / Mobile Gaming Arcade. For using any content owned by a third party Person, You still require a license from such third party Person, We don’t license such content to You and Your use of content owned by a third party is governed by Applicable terms and conditions prescribed by such third party.

RESTRICTIONS ON USE

You will not use the Portal / App, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement.
You will not access (or attempt to access) the Portal / App and/or the content provided through the Portal / App by any means other than through the Portal / App, unless You have been specifically allowed to do so in a separate written agreement with Us.
You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Portal / App or any component or content thereof, available to third parties.
You will not circumvent or disable any digital rights management, usage rules, or other security features of Portal / App; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Portal / App; and not use the Portal / App in a manner that threatens the integrity, performance, or availability of the Portal / App.
You will not attempt to or engage in any activity that may:

(a) reverse engineer, decompile or otherwise extract the source code related to the Portal / App or any part thereof, unless it is expressly permitted by Us to You in writing or is required by the Portal / Applicable law;

(b) use any robot, spider, retrieval Portal / Application, or other device to retrieve or index any portion of the Portal / App or content thereof;

(d) create any User accounts by automated means or under false or fraudulent pretenses for using the Portal / App;

(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Portal / App;

(f) use the Portal / App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Portal / App, or interfere with any other third party Person’s use and enjoyment of the Portal / App;

(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Portal / App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Portal / App or any part of the Portal / App or any User of the Portal / App;

(h) forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Portal / App; and/or

(i) obtain any materials or information through any means not intentionally made available, in the opinion of Mobile Gaming Arcade, through the Portal / App.

You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees. Furthermore:

(a) If We detect any activity from your User account that is fraudulent, suspected to be defrauding our platform or Portal / App, or if you are found colluding or participating in any kind of fraudulent activity on the platform or Portal / App in any manner, then you shall be debarred from participating in any contest available on our platform or Portal / App.

(b) We reserve the right to deactivate or delete your User account and all related information on it and forfeit related balances and/or take any other Portal / Appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from your User account on our platform or Portal / App.

(c)Any deductions or forfeiture of balances made from your User account shall be made at our sole and absolute discretion and shall not result in any liability on Us whatsoever. We may choose to provide a right of Portal / Appeal to the User after deleting, closing or forfeiting the balances in his/her User account. However, such right shall be provided at the sole and absolute discretion of Mobile Gaming Arcade and the User shall not claim such right or any other recourse from Mobile Gaming Arcade.

MOBILE GAME(S)

The Portal / App contains mobile games which are owned by and created for Us / MGA and also the mobile games that have been created by a third party game developers and have been licensed for use / purchased by Us / MGA.
The mobile games that have been licensed for use to us / purchased by us / MGA, are accessed by use with a disclaimer specifying that such game is supplied by a third party mobile game partner and that Mobile Gaming Arcade is not involved in the production of such Mobile Game(s).
Your use / access of the mobile games license / purchased by us is an acknowledgement that such Mobile Game is not endorsed by Us and/or Our shareholders, officers, employees and/or agents. You further acknowledge that such Mobile Game is not endorsed by any government agency, professional body, independent agency, experts and/or any other individuals, unless such agency/body is specifically named. None of the Mobile Games reflects the views and/or choices of Futuristic / Mobile Gaming Arcade and/or of its shareholders, officers, employees and/or agents.
We endeavour to safeguard Our Users against any misleading or illegal content and accordingly will make our best judgment and efforts to ensure the authenticity, transparency and truthfulness of the representations and claims made in the Mobile Game and that such Mobile Game neither distorts facts nor misleads the Users by means of implications or omissions and does not contain statements or visual presentations which directly or by implication or by omission or by ambiguity or by exaggeration are likely to mislead the Users. However, we may not always be absolutely correct in our judgment to ensure authenticity, transparency and truthfulness of the representations and claims made in the Mobile Game and your use of the Mobile games licensed to us for use / purchased by us from any third party is an acknowledgement that we are not liable in any manner for any error, omission, abuse the trust of Users and/or to exploit Users’ lack of experience or knowledge.
You further acknowledge that no Mobile Game is a game purely of luck, chance or constitutes ‘gambling’ under relevant laws Portal / Applicable in any of the jurisdictions where Mobile Gaming Arcade is operating at that time. The Mobile Games they embed on Our Portal / App created for us and licensed for use / purchased from third parties are ‘games of skill’ only and Users who acquire more skill are likely to perform better at these Mobile Games.
We respect the rights of all Persons and accordingly have taken all reasonable steps to ensure that the Mobile Game(s) available on our Portal / App, do not contain any reference to any Person without a written permission from such Person, especially if such Mobile Game confers or may confer an unjustified advantage to any Person and/or tends to bring any Person into ridicule or disrepute. We have also made all possible efforts to ensure that the Mobile Game(s) do not make any unjustifiable use of the name and/or initials of any other Person nor results in taking an unfair advantage of the goodwill attached to the trade mark, trade name, trade dress or symbol of any Person or such Person’s products and/or goodwill.
As a mobile gaming portal / App, we have taken all possible steps and made our best efforts to ensure that any Mobile Game displayed / accessed on the Portal / App is not / does not:

(a) indecent, vulgar, especially in depiction of women, or is likely, in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence;

(b) tends to incite people to commit a crime or to promote disorder and violence or intolerance;

(d) presents criminality as desirable or directly or indirectly encourages people, particularly minors, to emulate it or conveys the modus operandi of any crime;

(e) adversely affects friendly relations of India or any other country where Mobile Gaming Arcade is operating with any foreign state;

(f) is against the public policy of India or any of the countries where Mobile Gaming Arcade is operating;

(g) shows or refers to dangerous practices or manifests a disregard for safety or encourages negligence;

(h) might result in physical, mental or moral harm to the minors or exploits their vulnerability;

(i) does not observe fairness in competition;

(j) is prohibited by law or is not in conformity with the provisions of Portal / Applicable laws, as amended from time to time;

(k) requests for a User’s health information (including physical and mental health, medical conditions/disabilities), government issued identifiers (including Aadhaar number, social security number, passport number, driver’s license number);

(l) requests for a User’s race or ethnicity, sexual orientation (including information about User’s sexual life), religion or philosophical beliefs, political affiliation, trade union membership status, criminal history;

(m) promote products and/or services which are ‘hazardous’ and/or ‘harmful’ to the society or to individuals, particularly minors;

(n) undermine Our intellectual integrity, authority, and character or damage Our brand;

(o) be in relation to political parties and/or lobby groups;

(p) share a trade name or trademark with a prohibited product or service, i.e., ‘surrogate advertising’;

(q) promotes infant baby milk formula, alcohol or cigarettes;

(r) promotes gambling; and/or

(s) propagates and/or promotes products and/or services banned under the Portal / Applicable law.

We have also made our best efforts to ensure that display of any Mobile Game is for promotion or use of:

(a) foods and beverages:

(i) is presented with caution and care, especially in relation to promotion of foods and beverages containing relatively High Fat, Sugar and Salt (HFSS);

(ii) meets the requirements of basic food standards laid down under the Food Safety Standards Act, 2006 and the rules made thereunder, wherever Portal / Applicable;

(iii) does not undermine the role of parental care and guidance in ensuring that proper food choices are made by children;

(iv) is not promoted or portrayed as meal replacements; and/or

(v) is not inconsistent with information on the label or packaging of the food or beverage.

(b) educational institutions and programs:

(i) displays the full name and location of the affiliating institution if the institution and/or the program displayed is not recognized and/or Portal / Approved by any mandatory authority, but may be affiliated to another institution which is Portal / Approved and/or recognized by a mandatory authority;

(ii) provides full name and date of the publication or medium which released the rankings if stating competitive rank of the institution or its program;

(iii) has testimonials from students who have participated in testimonial program, exams or subject only from the concerned institution if such Sponsored Content contains testimonial of toppers; and

(iv) states the total number of students passing out from the placed class, in the event it states the number of passing out students placed for jobs.

(i) violation of the traffic rules of the countries where Mobile Gaming Arcade is operating,

(ii) speed maneuverability in a manner which encourages unsafe or reckless driving, which could harm the driver, passengers and/or general public, and/or

(iii) stunts or actions, which require professional driving skills, in normal traffic conditions which in any case should carry a readable cautionary message drawing viewer attention to the depiction of stunts.

We have also made all efforts to ensure that all mobile games available and accessible on our platform through the Portal / App is in compliance with all the laws, rules and/or guidelines issued in relation to Mobile Game, by Election Commission of India, Reserve Bank of India, The Advertising Standards Council of India, Department of Electronics and Information Technology and/or any other governmental authority and/or Portal / Applicable law for the time being in force and also in compliance with all the laws, rules and/or guidelines issued in relation to Mobile Game by any other governmental authority and/or Portal / Applicable law for the time being in force in the country where Mobile Gaming Arcade is operating.
We reserve the right to reject, Approve or remove any Mobile Game for any reason, at Our sole discretion, including content, that is found in violation of any law for the time being in force, negatively affects Our relationship with Our Users or that promotes content, services, or activities, contrary to Our company policy, interests and philosophy.

Your use of and access of the mobile games is an acknowledgement that we will not be held liable or responsible in any manner for any of the above representations made hereinabove, being inaccurate or incorrect in any manner despite use of best efforts and diligence by us.

TERMINATION

Your access to the Portal / App may be terminated if:

(a) You voluntarily log out of the website and / or uninstall the Portal / App from Your device/ WAP;

(b) You knowingly or unknowingly cause direct or indirect breach, as ascertained by Mobile Gaming Arcade, of these Terms or Privacy Policy as a whole or in part; or

We may have to terminate Your access to the Portal / App if:

(a) We are required to do so by law (for example, where the access to and/or provision of the Portal / App to You becomes, unlawful);

(b) The third party, if any, with whom We offered the Portal / App to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;

(d) You are in the sole discretion of Mobile Gaming Arcade, an infringer of this Agreement/ Terms of Use or in violation of Privacy Policy.

We may terminate this Agreement at any time, with or without notice and may procure disabling Your access to the Portal / App and/or barring You from any future use of the Portal / App.
You may terminate this Agreement at any time by terminating Your access to the Portal / App. However, Your certain obligations under this Agreement shall continue to prevail even on such termination.
When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and Mobile Gaming Arcade have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to Apply to such rights, obligations and liabilities indefinitely.

INTELLECTUAL PROPERTY

Your use of the Portal / App is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the Portal / App through Your device.

All trademarks, brands and service marks of the Portal / App are the sole and exclusive property of Futuristic Innovative Systems Private Limited / Mobile Gaming Arcade only. Futuristic owns all the copyrights and database in relation to the Portal / App. and trademark for the brand Mobile Gaming Arcade and its logo.

The Portal / App and any underlying technology or software used in connection with the Portal / App may contain rights of Mobile Gaming Arcade or its affiliates or any third party Persons. For use of any third-party Person’s intellectual property, You may need to get permission directly from the owner of the intellectual property.

Any intellectual property which is not specifically mentioned to be owned by Mobile Gaming Arcade is owned by their respective owners and the owners have a right to take Portal / Appropriate actions against You for any violation, infringement or passing off.

Mobile Gaming Arcade respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.

PRIVACY

Our Privacy Policy explains how We treat Your personal data and protect Your privacy when You use the Portal / App. By using the Portal / App, You agree that We can use such data according to Privacy Policy.

You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Portal / App. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.

LIMITATION OF LIABILITY AND INDEMNIFICATION

Your use of the Portal / App, or any content, including Mobile Game, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Portal / App or any content thereof, including Mobile Game.

You may terminate Your access to the Portal / App if You are not satisfied with the Portal / App.

You shall defend, indemnify and hold Mobile Gaming, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Portal / App or any content thereof, including Mobile Game; or (b) Your breach of any rules, regulations and/or orders under any Portal / Applicable law.

You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.

NO WARRANTIES

We shall make Our best efforts to make the Portal / App available to You in the best possible manner. However, We disclaim all warranties in relation to the Portal / App, whether express or implied, including but not limited to:

(a) the Portal / App being constantly available or available at all;

(b) installation or uninstallation choices in relation to the Portal / App being successfully executed in all cases;

(d) Your personal ability to use the Portal / App;

(e) Your satisfaction with the use of the Portal / App;

(f) the accuracy of the data provided by the Portal / App;

(g) the security and privacy of Your data;

(h) that all bugs or errors in relation to the Portal / App will be corrected;

(i) that the Portal / App will be compatible with all devices and all networks;

(j) that the Portal / App is fit for a particular purpose or use;

(k) that the Portal / App and the contents thereof are accessible in every location; or

(l) that the Portal / App and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.

Mobile Gaming Arcade, its officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the Portal / App in connection with this Agreement will not be liable, in any manner for any acts or omissions, including of a third party Person, and including those vendors participating in Mobile Gaming Arcade’s contests and offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages associated with Us, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Us.

GOVERNING LAW AND DISPUTE RESOLUTION

The Portal / App may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the Portal / App from any location, then, You are responsible for compliance with the local laws Portal / Applicable to You.

This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi, India.

You agree that any cause of action arising out of Your use of the Portal / App must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.

NOTICES

Mobile Gaming Arcade may post notices within the Portal / App or send you notices on the e-mail address or the telephone number that You may have shared with Us. You will be deemed to have received such notices within 3 (three) days of Us sending the notice. Your continued use of the Portal / App on expiry of such 3 (three) days shall constitute Your receipt and acceptance of the notices sent to You.

DISCLAIMER

The contents provided through the Portal / App may include technical inaccuracies or typographical errors. Mobile Gaming Arcade may make changes or improvements to the Portal / App at any time. The contents or any information available on the Portal / App is provided on “as is” and “as available” basis and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to Portal / Applicable law. Mobile Gaming Arcade does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or the servers that make them available, are free of viruses or other harmful components. Mobile Gaming Arcade makes no commitment to update the materials on the interface. The above exclusion may not Portal / Apply to You, to the extent that Portal / Applicable law may not allow the exclusion of implied warranties. Mobile Gaming Arcade shall not be liable for any misuse or data theft as a consequence of Your use of the Portal / App.

You Expressly Represent and Warrant That You Will Not Use the Portal / App if You Do Not Understand, Agree to Become a Party to, and Abide by All the Terms Specified in This Agreement. Any Violation of This Agreement May Result in Legal Liability Upon You. Nothing in the Agreement Should Be Construed to Confer Any Rights to Any Third Party Person or Any Other Person.

Except as Expressly Set Forth in This Agreement, We Do Not Make Any Representation or Warranties, Express or Implied, Including Without Limitation Any Implied Warranty or Merchantability, Fitness for a Particular Purpose or Non-infringement, Performance, Results, or Arising From Any Course of Dealing or Usage of Trade or in Respect of Any Mobile Game or Sponsored Content. We Will Not Have Any Liability or Responsibility to Any Third Party Game Developer or Sponsored Content Partners or Any Other Person With Respect to Any Claims Arising Out of or in Connection With Any Sponsored Content Displayed on or in Connection With Usage of Our Portal / App.

SPECIAL GAMES TERMS

Mobile Gaming Arcade / We shall notify the users of our competitive online gaming platform regarding certain Games, winning which would entitle the highest scorer to the Gift Awards of the assets. Special Games shall be announced by the Mobile Gaming Arcade / Us in any manner that is convenient to us, and We reserve our right to cancel Special Games, modify their terms, all with due notice to the users of its platform.

The participants will not be given any cash rewards / money towards any prizes / winnings. Winners of a competition / games will only be eligible for tangible goods / articles and in some cases for extra coupons/ tickets / tokens.

Participants are strictly eligible to win only one game within a multiple game format in a Special Tournament.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FUTURISTIC / MOBILE GAMING ARCADE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF YOU / USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to trademark/ copyright infringement) regarding this Website by electronic or written communication at the address provided in the Contact Us section of this Website. If you have any concern about privacy or grievances with the Website or any of its content or to report any abuse of laws or breach of the Privacy Policy and Terms of Use, please contact us at support@mobilegamingarcade.com with a thorough description of such concerns/ issues faced by you and we will try to resolve the issue for you.

SEVERABILITY

Any provision of these Terms of Use that is found to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining portions hereof.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, in case you have any grievances about the use of this Website / any of the policies for use / availing the services on the Website, you may contact the grievance officer Portal / Appointed by us. The name and contact details of the Grievance Officer are provided below:

GRIEVANCE OFFICER:

NAME: Ashok Kumar

EMAIL: support@mobilegamingarcade.com

CONTACT: +91 – 124 – 4572399

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TERMS AND CONDITIONS OF USE