Effective Date: 28Mar, 2019
1.1. 99Games Online Private Limited ("99Games") is an Indian company incorporated under the Companies Act, 2013. GameGully is a brand of 99Games. Through GameGully downloadable application and GameGully website (collectively, the "Platform"), 99Games operates a mobile gaming platform which offers various skill games and Contests and other interactive features (collectively "Services") GameGully as used herein shall be construed as a collective reference to GameGully Contests platform and GameGully App.
1.3. And this Agreement shall apply to all Persons who visit platform, or create a player Account ("Users", "You", "Your")
1.5.2. "Applicable Law" means all laws, statues, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
1.5.3. "Contest " is a skill-based competition offered on the Platform in which Users compete either in a tournament or 1vs1 play by playing the Mobile Games on the Platform. Contests can be either ‘paid’ or ‘free to play’. Paid Contests require Users to pay an Entry-Fee for participation, whereas free to play Contests are open to all Users without any Entry-Fee
1.5.4. “Cash” is the credit which are debited through the user’s Authorised and valid Payment Wallet/Credit/Debit card/ Bank Account authorised through the RBI and/or this can be also the Winnings from the Game which are withdrawable to User’s registered Wallet/Account.
1.5.5. “Bonus Cash” is non-withdrawable or non-transferrable reward provided gratuitously within the game to the user which shall be valid for a period of 14 days from the date of credit. The Bonus Cash shall expire and be without effect at the end of fourteen days from the date of credit of the Bonus Cash.
1.5.6. "Balance" is the credit (either in the form of Cash or Bonus Cash or Tokens) available in an Account and includes amount added by a User through Deposits or/and earned through Winnings by participating in Contests on the Platform.
1.5.7. "Deposit" is the amount added by the User to his/her Account through his/her preferred payment mode.
1.5.8. "Entry-Fee" refers to the fee which Users pay either in the form of Cash Balance/Bonus Cash (depending on the Contest rules) or Tokens available in their Account to participate in a Contest on the Platform.
1.5.9. "Mobile Games" refers to the digital games of skill available on the Platform.
1.5.10. "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 the Applicable Law.
1.5.11. "Token" is an award in the form of GameGully Tokens that may be given to any User at Game Gully’s sole discretion for participating on the Platform.
1.5.12. "Winnings" are Prizes (in the form of Cash or Tokens or promotional gifts) given to Users for winning and/or performing well in Contests.
1.5.13. "SDK" refers to GameGully Software Development Kit ("SDK") is a collection of GameGully software interfaces that allow third party games to offer GameGully Contests within their games
1.5.14. "Restricted States" Persons residing in the state of Assam, Odisha, Nagaland and Telangana are prohibited from participating in any Mobile Games on the Platform.
2. ACCEPTING THE TERMS OF SERVICE
2.1. The "Terms of Service" governs the relationship between you and GameGully regarding your usage of our games on mobile devices. By using or accessing GameGully standalone App or GameGully SDK integrated in any mobile game or application or utilizing the Services (collectively, "GameGully") you agree that you have read, understood, and accept to be bound by the Terms.
2.2. GameGully reserves the right, in its sole discretion, to amend, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. You must visit this page periodically for updates on the Terms of Service. Your continued use of the service will constitute your acceptance of, and Agreement to, such changes or modifications. If at any point you do not agree to any portion of the then current version of our Terms of Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
2.3. Any user who is "incompetent to contract" within the meaning of Indian Contract Act 1872 including minors, un-discharged insolvents, etc., is not eligible to enter into this Agreement
2.4. The Platform shall not be installed, used or played by anyone under the age of 18 years
3. GAME OF SKILL
3.1. Users must note that all games available on GameGully are ‘Games of Skill’, under Indian law, and that GameGully does NOT support, endorse or offer to Users ‘Games of Chance’ for money. While ‘Games of Skill’ do not have a comprehensive definition, they are those games where the impact of a player’s effort and skill on the outcome of a game is substantially higher than the impact of luck and chance.
3.2. The games hosted on GameGully are Skill-based games which enable a player to chip away at his ongoing interaction system and improve as he comes. There is no karma associated with these games, and the more one practices and plays a game, the better he gets at it.
3.3. Users must note that all Mobile Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness ("Games of Skill") in playing the game. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments except in the Restricted States.
3.4. Hence, the individuals residing in the Restricted States should not participate in any Contest or Mobile Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and GameGully shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
3.5. GameGully reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Mobile Games in violation of any central and/or state law(s) in India, GameGully reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User.
3.6. Since the games available on GameGully can be won through users’ skills and such skills may be enhanced with practice and experience, the performance of a User may improve with time and practice.
3.7. All Users are encouraged to read, understand and follow these rules mentioned. GameGully shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.
4. USAGE OF GAMEGULLY
4.2. If the user does not agree with the terms, he shall stop using the services of GameGully.
4.3. GameGully may, at its sole and absolute discretion:
4.3.1. Restrict, suspend, or terminate any User's access to all or any part of GameGully
4.3.2. Change, suspend, or discontinue all or any part of GameGully
4.3.3. Reject, move, or remove any material that may be submitted by a User;
4.3.4. Move or remove any content that is available on GameGully;
4.3.5. Deactivate or delete a User's account and all related information and files on the account;
4.3.6. Establish general practices and limits concerning use of GameGully;
4.3.7. Assign its rights and liabilities to all User accounts hereunder to any entity.
4.4. In the event any User breaches, or GameGully reasonably believes that such User has breached these Terms, or has illegally or improperly used GameGully, GameGully may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of GameGully, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on GameGully and further, take technical and legal steps as it deems necessary.
4.5. Users consent to receiving communications such as announcements, administrative messages and advertisements from GameGully or any of its partners, licensors or associates.
5. USER REGISTRATION
5.1. User may register on the platform by agreeing and approving this Agreement and by providing Your mobile number. We will verify You using a one-time password (OTP). Upon successful verification, an account ("Account") is created for You. Users are permitted to open ONLY one account.
5.2. GameGully reserves the right to close any duplicate Account(s). All money held in duplicate Account(s) will be forfeited.
5.3. Once your Account is created, You will be able to participate in the Contests with Us.
5.4. You are not authorised to enter Contests in GameGully until you have been granted an Account.
5.5. Your account is for your Personal use only. You shall not imPersonate someone else. By creating an Account, you represent, warrant and agree that you are Authorised to use the Platform and shall abide by the Agreement
5.6. GameGully may, in accordance with the laws prevailing in Restricted States, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Nagaland and Telangana (hereon referred as "Restricted States") may not participate in the paid version of the Contests as the laws of these states bar Persons from participating in games of skill where participants are required to pay to enter.
5.7. Hence, the individuals residing in the Restricted States should not participate in any Contest or Mobile Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and GameGully shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
5.8. You will also be required to possess a valid Payment Wallet/Credit/Debit card/ Bank Account to Deposit/withdraw funds.
5.9. By accepting these terms and conditions upon registration You give consent to GameGully to disclose your name, residential address and date of birth to a third-party agency to assist in verifying your identity.
5.10. The data and document whatsoever you submit to GameGully becomes the sole property of GameGully thereafter.
5.11. The third-party agency may prepare and provide GameGully with such an assessment and may use your Personal information including the names, residential addresses and dates of birth for the purposes of preparing such an assessment.
6. USER CONDUCT
6.2.1. Restricting, suspending, or terminating any User's access to all or any part of GameGully;
6.2.2. deactivating or deleting a User's Account and all related information and files on the account; or
6.2.3. refraining from awarding any rewards to such User.
6.3. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by GameGully). Users further agree to update and keep updated their registration information.
6.4. A User shall not register or operate more than one User account with GameGully.
6.5. Users agree to ensure that they can receive all communication from GameGully. GameGully shall not be held liable if any SMS remains unread by a User.
6.6. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify GameGully of any unauthorized use of their passwords or accounts or any other breach of security within 24 hours.
6.7. Users agree to exit/log-out of their accounts at the end of each session. GameGully shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
6.8. Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third-party software designed to modify or interfere with GameGully or assist in such activity.
6.9. Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying GameGully.
6.10. Users agree that without GameGully’s express written consent, they shall not modify or cause to be modified any files or software that are part of GameGully.
6.11. Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of
6.11.1 any computer or server used to offer or support GameGully; or
6.11.2 the enjoyment of GameGully by any other User or Person.
6.12. Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt GameGully or any other Person's use or enjoyment of GameGully
6.13. Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to GameGully by any means other than the User interface provided by GameGully, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other Person to circumvent or modify, any security, technology, device, or software that underlies or is part of GameGully.
6.14. Without limiting the foregoing, Users agree not to use GameGully for any of the following:
6.14.1. Engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
6.14.2. Harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
6.14.3. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
6.14.4. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another Person's computer, GameGully, any software, hardware, or telecommunications equipment;
6.14.5. Advertise, offer or sell any goods or services for any commercial purpose on GameGully without the express written consent of GameGully;
6.14.6. Download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
6.14.7. Reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by GameGully to You in writing or is required by the Applicable Law;
6.14.8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
6.14.9. Restrict or inhibit any other user from using and enjoying any public area within our sites;
6.14.10. Collect or store Personal information about other Users;
6.14.11. Interfere with or disrupt GameGully, servers, or networks;
6.14.12. ImPersonate any Person or entity, including, but not limited to, a representative of GameGully, or falsely state or otherwise misrepresent User's affiliation with a Person or entity;
6.14.13. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through GameGully or to manipulate User's presence on GameGully;
6.14.14. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
6.14.15. Engage in any illegal activities.
6.15. If a User chooses a username that, in GameGully’s considered opinion is obscene, indecent, abusive or that might subject GameGully to public disparagement or scorn, GameGully reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from GameGully, deny such User access to GameGully, or any combination of these options.
6.16. Unauthorized access to GameGully is a breach of these Terms, and a violation of the law. Users agree not to access GameGully by any means other than through the interface that is provided by GameGully for use in accessing GameGully. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
6.17. Use of GameGully is subject to existing laws and legal processes. Nothing contained in these Terms shall limit GameGully right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of GameGully.
6.18. Users may reach out to GameGully through – email@example.com if the user has any concerns with regard to a Contest and/or Contest within Forty-Eight (48) hours of winner declaration for the concerned Contest.
7.1. In order to participate in Contests, Users maybe be required to pay an Entry Fee in the form of Cash. User may add Cash to their Account by using any of the payment modes available on the platform.
7.2. The Deposits may be used to participate in Contests in the manner provided under Section 8 (Participation in Contests). There may be certain Contests which allow for payment of Entry Fee in the form of Tokens or may allow a combination of Cash/Bonus Cash and Tokens
8. PARTICIPATION IN CONTESTS:
8.1. User may participate in a variety of Contests available through the platform
8.2. In order to participate in a Contest, User may be required to pay an Entry Fee to the Platform which is deducted from Balance available in the Account of the User
8.3. Each Contest has a pre-determined limit on the number of Users that can participate and a specific time before which entries must be made. And a Contest is deemed to be a valid Contest on the Platform, only if the requisite number of Users register for the Contest before the prescribed start time
8.4. Any amount received by GameGully by way of Entry Fee shall be non-refundable, except in the event of Contest being cancelled
9. SELECTION AND VERIFICATION OF WINNERS AND CONDITIONS RELATING TO THE WINNINGS
9.1. Selection of Winners
9.1.1. The winners will be declared as per the rules of the individual Contests
9.1.2. The contemplated number of Winners and the prize due to each Winner in such Contests shall be as specified in the Contest page prior to the commencement of the Contest. Prizes will be in the form of Tokens, Cash or Promotional Gifts
9.1.3. GameGully shall not be liable to give WINNINGS if it is discovered that the Winner(s) have not abided by these Terms, and other rules and regulations in relation to the use of the GameGully Contests.
9.2. Cash Winnings
9.2.1. Cash Winnings may be withdrawn by You from Your account, subject to the completion of KYC verification and will be subject to TDS deductions.
9.2.2. Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.
9.2.3. KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: a) photograph of a valid government ID (Aadhaar Card, PAN Card, Voter Card, etc.); and b) other User Details
9.3. Contacting Winners of Promotional Gifts
9.3.1. In case of Promotional Gifts to be sent to the winners in certain situations, Winners shall be contacted by GameGully on their mobile number provided at the time of registration.
9.3.2. GameGully shall make 2 attempts to contact the winner. If the winner is not reachable through his mobile number in these two attempts/ if he fails to adhere to the instructions, that Winner’s selection shall be invalidated and GameGully shall not be liable to that winner(s) in any manner whatsoever and may at its sole discretion select another Winner(s). The verification process and the documents required for dispatching Promotional Gifts shall be detailed to the Winners at this stage.
9.3.3. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
9.3.4. GameGully shall not be responsible for communications errors, commissions or omissions including those of the User due to which the results may not be communicated to the Winner.
9.4.1. The decision of GameGully with respect to the awarding of Winnings shall be final, binding and non-Contestable.
9.4.2. The credit of the Bonus Cash shall be at the sole discretion of GameGully and GameGully may substitute or completely withdraw or change the Bonus Cash offered under the Program at any time without notice. Any user may not substitute the amount of Bonus Cash or substitute offering for other items or exchange for Cash. GameGully reserves the right to withhold the credit of the Bonus Cash. The decision of GameGully will be final and binding with regard to the Program, and the credit of the Bonus Cash and no correspondence, objection, complaints, etc. will be entertained in this regard.
9.4.3. The Bonus Cash (if any) credited into the user’s account can be used to join Cash Contests and Contests on GameGully. However, the Bonus Cash (if any) cannot be: (i) used to join challenges; or (ii) withdrawn or transferred to any other Cash Balance account held by you with GameGully or to any third-party account or to any bank/payment instrument account. THE BONUS CASH (IF ANY) SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS CASH (IF ANY).
9.4.4. To the extent permitted by law, GameGully makes no representations or warranties as to the quality, suitability or merchantability of any Promotional Gift and shall not be liable in respect of the same.
9.4.5. GameGully does not issue receipts for entries in the Contests. The entries are accounted within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate and the Winnings are duly credited to his Account.
9.4.6. GameGully reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, all with due notice to the Users of the Platform.
10. RETURN AND REFUND
10.1. The Contest participation fee is non-refundable in any circumstances.
10.2. Our focus is complete customer satisfaction. In the event, that there is an error in the services provided, we will refund the money, provided the reasons are genuine and proved after investigation. Please read the rules of each Contest(s) before participating, it provides all the details about the services or the product you purchase. Please note that this Return, Refund and Cancellation Policy is part of the Terms above.
10.3. For Cancellations please contact us at firstname.lastname@example.org. We do not cancel registrations once entered, however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from our side, we will cancel your participation on request and refund the Entry Fee to you within a reasonable amount of time.
10.4. In case we cancel your participation at any Contest(s) as a result of this, we will return your Entry Fee to you within a reasonable amount of time for you to redeem the same by playing other Contest(s) on GameGully.
10.5. We will try our best to create the best user experience for our users. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payments made through a payment gateway, payments refund will be made to the same account.
10.6. In order to comply with extant law relating to Deposit regulations, please note that the Users must withdraw any idle Balance lying in their Account within 335 days of having won a particular Contest. Similarly, Users must use any money in their Account within 335 days. If not, the said Balance will have to be forfeited.
11. MOBILE GAMES
11.1. The Platform is per se a platform which offers Services and hosts Mobile Games. The Platform 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 Laws, to do the same.
11.2. The Mobile Games will have their own rules and code of conduct ("Game Rules") which shall be adhered to by all Users at all times.
11.3. When You play a Mobile Game, You agree and acknowledge that the Platform does not create and/or broadcast any content on its own accord and GameGully is not responsible or liable for the content or accuracy of the Mobile Game, including copyrights, that may be accessed by You through the Platform.
12. GENERAL CONDITIONS
12.1. If it comes to the notice of GameGully that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of GameGully that conduct of any such Contest(s) is prohibited, then GameGully shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
12.2. Employees, directors, affiliates, relatives and family members of employees of GameGully, will not be eligible to participate in any Contest(s). If found guilty under this clause GameGully can initiate legal actions against such Persons and recover damages for the loss.
12.3. No Person, whether an GameGully employee or not, who is involved in the development of Mobile Games or/and algorithms on the Platform can participate in any Mobile Games on the Platform, where such participation could alter, modify or unduly influence his/her performance on the Mobile Game, without express written permission of GameGully and subject to such terms and conditions as GameGully may seek to impose on such Person.
13.1. Acceptance of a reward by the Winner constitutes permission for GameGully, and its affiliates to use the Winner's name, Account pic or any other images sent by the winner and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
13.2. The Winners further undertake that they will be available for promotional purposes as planned and desired by GameGully without any charge. The exact dates remain the sole discretion of GameGully. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
14. SAFETY PRECAUTION AND RESPONSIBLE GAMING
14.1. Game Gully suggests that Users adopt a Balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, competitiveness and encourage teamwork.
14.2. You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, Balance, and multi-tasking ability.
14.3. The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.
14.4. If You play any Mobile Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Mobile Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Mobile Game on the Platform.
14.5. It is Your responsibility to control Your surroundings and movements at all times when playing the game to ensure that You don’t injure Yourself, any other Persons, damage any property etc. Any playing of the Mobile Games is at Your own risk and GameGully shall not be liable for any death, injury or health complications resulting from Your use of the Platform.
14.6. You agree that Your use of the Platform and to play the Mobile Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, Personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.
14.7. You hereby agree that if the terms of this Agreement are not adhered by You, GameGully will be irreparably damaged, and therefore You agree that the Platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any other remedies available under Applicable Law.
15. COMMUNITY RULES AND CODE OF CONDUCT
15.1. Users with different communication channels such as chat-rooms or chat areas designed to enable You to communicate with other Users on the Platform.
15.2. GameGully only provides Users with the technical environment for an exchange of information. GameGully does not initiate, select the receiver and/or modify any information exchanges inter se amongst the Users through the Communication Facilities. Further, GameGully has no obligation to and does not monitor these Communication Facilities except when required to do so under the provisions of Applicable Law.
15.3. The User may use the Communication Facilities as made available to them by the Platform. The Users do not have the right to claim any Communication Facilities on the Platform.
15.4. You understand that, by using these Communication Facilities, You may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that You might find objectionable. You understand that any content sent or appearing through the Communication Facilities is the sole responsibility of the User(s) transmitting such content and GameGully is not liable for any content posted on the Communication Channels.
15.5. All Users of the GAMEGULLY Platform must comply with Applicable Law at all times while using the Services of Platform, including Communication Facilities and must not publish or distribute any content which:
15.5.1. violates an Applicable Law, goes against common decency, or breaches the general terms and conditions of the Agreement; or
15.5.2. violates any trademarks, patents, utility or design patterns, copyrights, trade secrets, or other proprietary rights of third parties; or
15.5.3. imPersonate any real Person, including without limitation GameGully or any other GameGully agent or employee; or
15.5.4. is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; or
15.5.5. is of an abusive, harassing, threatening or defamatory nature; or
15.5.6. seeks to unlawfully obtain login information or access to Accounts belonging to other Users;
15.5.7. contains Personal data of third parties without their explicit consent; or
15.5.8. seek to collect, misuse, or disseminate any other User’s content or non-public Personal information; or
15.5.9. is commercial, in particular promotional, in nature;
15.5.10. encourages or promotes gambling or money-laundering.
15.6. Under no circumstances will GameGully shall be liable for any errors, objections or omissions in any content or for any loss or damages of any kind incurred as a result of the content posted on its Platform.
16.1. Your access to the Platform may be terminated if:
16.1.1. You voluntarily uninstall the Platform from Your device;
16.1.3. You do not pay the obligatory fee, if any, should GAMEGULLY charge for usage of the App.
16.2. We may have to terminate Your access to the Platform if:
16.2.1. We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);
16.2.2. The provision of Platform to You, is no longer commercially feasible or viable for Us; or
16.2.3. You are a repeat infringer/violator of this Agreement.
16.3. We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or prohibit You from any future use of the Platform.
16.4. You may terminate this Agreement at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Agreement shall continue to prevail even on such termination.
16.5. You agree that the photograph, User-ID, data whatsoever or any other submissions done by You in the process of usage of the Platform shall be deemed to be exclusive property of GameGully and this clause shall survive even after Termination of this Agreement.
16.6. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and GameGully 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.
17.1. The contents provided through GameGully may include technical inaccuracies or typographical errors. GameGully may make changes or improvements to GameGully at any time. The contents or any information available on GameGully is provided "as is" and "as available" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to Applicable Law. GameGully 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. GameGully makes no commitment to update the materials on the interface. The above exclusion may not apply to You, to the extent that Applicable Law may not allow the exclusion of implied warranties. GameGully shall not be liable for any misuse or data theft as a consequence of Your use of GameGully.
17.2. You Expressly Represent and Warrant That You Will Not Use GameGully 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.
17.3. 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.
18. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
18.1. GAMEGULLY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, POST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAMEGULLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GAMEGULLY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO GAMEGULLY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO GAMEGULLY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND GAMEGULLY EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH GAMEGULLY IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.
18.2. Some jurisdictions do not allow the exclusion of certain warranties or other limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that GameGully may not, as a matter of Applicable Law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of GameGully’s liability shall be the minimum permitted under such Applicable Law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GAMEGULLY.
18.3. You agree to indemnify, defend, and hold GameGully harmless for any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
20. OTHER PROVISIONS
20.2. Supplement Policies
20.2.1. GameGully may publish supplementary policies related to precise services such as Contests. Your right to use such services is subject to those specific policies and these Terms.
20.3. Entire Agreement
20.4. No Waiver
20.4.3. Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by GameGully shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of GameGully.
20.6. Equitable Remedies
20.6.1. You acknowledge that the rights granted and obligations made under these Terms of Service to GameGully are of a unique irreplaceable nature, the loss of which shall irreparably harm GameGully and which cannot be replaced by monetary damages alone so that GameGully shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof or damages) in the event of any breach or anticipatory breach by you.
20.6.2. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of GameGully’ game, exploitation of any advertising or other materials issues in connection therewith, or exploitation of the GameGully or any content or other material used or displayed through the GameGully and agree to limit your claims to claims for monetary damages.
20.7. Force Majure
20.7.1. GameGully shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of GameGully, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GameGully’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
20.8. Dispute Resolution
20.8.1. The courts of competent jurisdiction at Udupi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, GameGully (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or GameGully, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
20.8.2. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
20.8.3. The place of arbitration shall be Udupi, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
20.8.4. The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
20.8.5. Nothing contained in these Terms and Conditions shall prevent GameGully from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard GameGully interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of GameGully to pursue any remedy for monetary damages through the arbitration described herein.