Terms Of Service
Effective: 25th February 2020
This website and/or application and /or platform, and all services provided by Redbolt Technologies Private Limited(“Redbolt”) (or under its Name “Loopcorn”). The terms “you” and “your” refer to you, the person or entity using the website, application, and/or procuring any goods, service, or product from Redbolt.
Redbolt offers the website, application, platform, and any services conditioned upon your acceptance of all terms conditions policies, and notices stated here. By procuring a service from Redbolt, or by use of the application, website, or platform, you agree to be bound by these terms and conditions (“Terms of Service or “ Terms”), as applicable, to the use of this website, application, platform, and any services.
These Terms of Service apply to all users of the website, platform, and any services provided by Redbolt, except as may be specifically agreed otherwise in writing.
Please read these Terms of Service carefully before accessing or using the website, platform and using any services provided by Redbolt. By accessing or using any part of the website, application, or platform or by the use of any services provided by Redbolt, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the website, application, or platform, or use of any products, applications,s or services provided by Redbolt. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.
Any new product or services provided by Redbolt, or any new features or tools which are added to the website or platform shall unless specifically stated otherwise, be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Redbolt reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes toRedbolt’s website or platform. It is your responsibility to check this page periodically for changes. Following the posting of any changes, your continued use of or access to the website or platform or the use of the product or services from Redbolt constitutes acceptance of such revised Terms of Service.
Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:
“Game” refers to video games of skill available on the Platform that have been developed by Third Party Game Developers;
“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;
“Platform” means the web-based platform owned and operated by Redbolt, and when available, the android and/or iOS mobile platform application, including any updates thereof, to be used for the provision of the Services;
“Services” means the services and features provided by Redbolt on its the Platform (which shall include details of player profiles, leader boards, match histories, blogs and social feeds, forums, groups, chats features and other incidental matters), including without limitation, the provision of competitive multi-player skill-based video game matches in the nature of including and not limited to head-to-head competitions between Users, tournaments in which a fixed number of Users will play matches on Games against each other in accordance with the tournament rules and structure, leagues in which a fixed number of Users will play matches on Games against each other in accordance with the league rules and structure, open challenges or other direct challenges from a User or to a User;
“Third Party Game Developer” refers to any Person whose Game is available on the platform or Platform, in connection with the Services;
“User” means any user of the Platform; and
2. Acceptance of the Terms of Service
2.1. The User agrees that the User shall be bound by these Terms by using the Platform, by accessing the Platform, or by otherwise availing of the Services from Redbolt. If the User does not accept these Terms of Service, the User will not be permitted to open an account for availing of the Services.
2.2. For the User’s use of the Platform, Redbolt grants the User a limited, non-exclusive, non-transferable right to install and/or use the Platform. However, the User shall not copy the Platform or any of its components, except for the purpose of making a backup copy for the User’s personal use.
2.3. Redbolt also grants the User a non-exclusive, non-transferable license to access such content on the Platform which is owned by Redbolt. For using any content owned by a third party Person, the User still require a license from such third party Person, and Redbolt does not license such content to the User and the User’s use of content owned by a third party Person, including any content owned by the Third Party Game Developer, is governed by applicable terms and conditions prescribed by such third party Person.
3. Conditions for use
3.1. By agreeing to these Terms of Service, a User represents that the User is at least the age of majority i.e. 18 years. The User represents and warrants that the User has the full power and authority to accept the Terms of Service and use the Services provided by Redbolt, or otherwise use the Platform under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms.All Services by Redbolt for providing any Services are governed by these Terms of Service.
3.2. Please note that the Platform, when made available on a mobile device, will be also subject to the terms of service of the Google Play Store or Apple App Store, as applicable. If there is any conflict between Google Play Terms of Service or Apple App Store Terms of Service and these Terms of Service with respect to a User’s use of the Platform, then, these Terms of Service shall prevail.
3.3. The User agrees that the User shall, as required or instructed by Redbolt, update the Platform(if so required) and/or any device to operate the Platform, as may be instructed by Redbolt.
4. Availability of the services
4.1. The User may not use the Platform or Services for any illegal or unauthorized purpose nor may the User, in the use of the Platform, violate any laws in the User’s jurisdictions (including but not limited to copyright laws). Redbolt reserves the right to refuse the services of the Platform to anyone for any reason at any time. Please note that in case you are a resident of Assam, Odisha, Sikkim, Nagaland, Tamil Nadu, or Telangana, the User is prohibited from using the Services, as restricted under applicable laws.
4.2. The prices ofRedbolt’s Services or any other services, as displayed on this Platform, are subject to change without notice. Redboltreserves the right to modify or discontinue any services (or any part or content thereof) without notice at any time. Redbolt shall not be liable for any modification, change in price, suspension, or discontinuance of any service.
4.3. Payment for any Services procured by the User from Redbolt will be as per the payment terms and conditions notified by Redbolt to the User. The User agrees to promptly update the User’s account and other information required by Redbolt, including the User’s email address, mobile number, personal details, and details of a User’s payment instrument so that Redbolt can complete the User’s transactions and contact the User, as needed. Redbolt will separately specify the charges payable for the use of the Service.
4.4. The User will be required to setup an account with Redbolt for the use of the Services. The User will be required to provide personal details, login information, a password, and other information required by Redbolt in connection with the setup of the account.
5. Restrictions on the use of the Platform
5.1. Redbolt provides the Platform for use by the Users for availing the Services that are provided by Redbolt. The User agrees that the User shall not use the Platform or the Services in any manner inconsistent with these Terms of Service, the terms and conditions of the Third-Party Game Developer, or in breach of applicable laws.
5.2. The availability of the Platform or the Services is subject to the maintenance of an active computer/mobile phone, electricity, internet connection, and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the Platform, or the Services due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the Platform or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the Platform, or the availability of the Services.
5.3. The User shall be solely responsible for the confidentiality, safety, and security of the user account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of the User’s account. In case the password is lost or misplaced, the Customer shall promptly inform Redbolt. In case the username and the password associated with the User’s account is lost/stolen/misplaced/hacked/no longer in the User’s control, The User shall promptly inform Redbolt. Redbolt will upon receipt of such information block the relevant account.
5.4. The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties.
5.5. The User shall not circumvent or disable any digital rights management, usage rules, or other security features of Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
5.6. Without limiting the foregoing, the User agrees that the User shall not use the Platform, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
(a) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, 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 whatsoever;
(b) infringes any patent, trademark, copyright or other proprietary rights;
(c) contains viruses, corrupted files, or any other similar software or programs that are designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
(d) advertises or offers to sell any goods or services for any commercial purpose;
(e) is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
(f) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
(g) violates any law for the time being in force;
(h) belongs to another person to which the User does not have any right to;
(i) interferes with or disrupts the Platform or other Redbolt websites, servers, or networks;
(j) impersonate any other person;
(k) harms minors in any way;
(l) forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on its websites;
(m) engages in any illegal activities;
(n) defame Redbolt, its employees, officers, directors, agents, partners, and service providers, including without limitation, by posting any defamatory content on any social media;
(o) 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 the investigation of any offence or insults any other nation.
5.7. The User shall not attempt to or engage in any activity that may:
(a) reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Redbolt to the User in writing or is required by the applicable law;
(b) use any robot, spider, retrieval Platform, or another device to retrieve or index any portion of the Platformor content thereof;
(c) collect information about other Users for any illegal or unlawful purpose;
(d) create any User accounts by automated means or under false or fraudulent pretenses for using the Platform;
(e) transmit any viruses, defects, Trojan horses, or any items of a destructive nature through the Platform;
(f) use the Platform 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 Platform, or interfere with any other third party Person’s use and enjoyment of the Platform;
(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or Services or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any other User of the Platform;
5.8. The User shall not use the Platformor the Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of Redbolt or violate the Terms of Service.
6. Redbolt’s rights
6.1. Redbolt reserves the right to suspend/discontinue its products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:
(a) For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.
(b) For any suspected discrepancy in the particular(s), documentation, or information provided by the User;
(c) To combat potential fraud, sabotage, willful destruction, a threat to national security, for any other force majeure reasons, etc.;
(d) If the same is due to technical failure, modification, up-gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
(e) If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
(f) If the User does not have control over the User’s login details and password or the User’s account is compromised in any other manner;
(g) If the User indulges in any abusive or aggressive or threatening behavior or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee/representative/agent of Redbolt or any other User; and
(h) If Redbolt believes, in its reasonable opinion, that cessation/ suspension is necessary.
7. Use of the Services
7.1. Redbolt may based on the prevailing applicable laws, bar individuals from participating in the Services or provide Services to certain Persons. Please note that in case you are a resident of Assam, Odisha, Sikkim, Nagaland, Tamil Nadu, or Telangana, the User is prohibited from using the Services, as restricted under applicable laws.
7.2. Users must ensure that the USTREAK Wallet is sufficiently funded at all times for availing of the Services. In case the USTREAK Wallet is not sufficiently funded to pay the fees notified by Redbolt associated with the Services, the Services would not be available to the User.
7.3. Based on a User’s performance in Games or for using the Service, Redbolt may offer prizes and win to the Users. The User acknowledges that the User is not guaranteed to win a prize or any winnings as a result of playing any Games or using the Service. The User accepts that the User is fully responsible for any loss in respect of any Games lost or forfeited. The User accepts that under no circumstances will any amounts lost by the User in connection with any Game or the Services be recoverable and Redbolt have no liability whatsoever in connection with any such loss.
7.4. The User understands that any winnings of the User in connection with the Services, on account of, including without limitation, any winning of any Game by the User, will be deposited into the User’s USTREAK Wallet on becoming due.
7.5. No gambling is permitted within the Services. The outcome of any matches or games played using the Services are predominantly skill-based games, meaning the outcome of any matches or games is based on the skill of the User involved.
7.6. The User acknowledges that the Platform may be used for the display of Games of Third Party Game Developers. The Games will be accompanied by a disclaimer specifying that such game is supplied by the Third Party Game Developers and that Redbolt is not involved in the production of such Game. Please note that Redbolt is not responsible for providing the Game on the Platform.
7.7. The User understands that the Games are subject to their own rules of play, whether or not specified by Redbolt or the Third Party Game Developers. The User agrees to adhere to the terms of the Game and acknowledges that in case of any violations, Redbolt reserves that right to terminate the User’s account.
7.8. Redbolt reserves the right to cancel or suspend any tournament or any other Game-related service provided by Redbolt or amend, alter or vary the terms of the tournament or any other Game-related service provided by Redbolt, as a part of the Services, at any time, at its discretion and in such cases, Redbolt shall have no liability whatsoever.
7.9. The User agrees and acknowledges that Redbolt’s determination with respect to any tournament, event or Game played using the Service, including without limitation, any determination of the winner of such Game, tournament or event shall be final and binding on the User. Redbolt assumes no responsibility to correspond with the User in case of any dispute regarding the same.
7.10. The User hereby grants to Redbolt a worldwide, irrevocable and perpetual non-exclusive right to disclose and publish the details of the User, the image of the User, or the information of the User in connection with any promotional activity carried out by Redbolt. Redbolt shall not be obligated to pay any fees, royalty, or other amounts in connection with the same.
7.11. At the request of the User, Redbolt may place restrictions on the amount that may be credited in the User’s USTREAK Wallet or the time period that the User may use Redbolt’s Services. The User may request Redbolt for such a facility.
7.12. The User acknowledges that the Services may be used by other Users for providing or setting up challenges, tournaments, competitions and matches between Users inter se. Please note that which such challenges, tournaments, competitions, and matches will be subject to these Terms of Service, Redbolt shall not be liable to any Users for any losses, damages, or costs incurred by Users in connection with any challenges, tournaments, competitions, and matches setup or provided by another User.
7.13. The Users acknowledge that the Services may act as a passive infrastructure where Users (an “Organizing User”) may use the Services to set up or organize any challenges, tournaments, competitions, and matches (“User Tournaments”) for other Users. The Users acknowledge that with respect to such User Tournaments, Redbolt acts as an infrastructure provider and Redbolt shall not be liable or responsible to any User or the Organizing User with respect to such User Tournaments, including without limitation, with respect to the manner of the User Tournament, winning and prizes of such User Tournament and rules of such User Tournament. The Organizing User shall ensure that the User Tournament shall strictly comply with the Terms of Service and any usage terms or requirements specified by Redbolt for User Tournament. The Organizing Users shall indemnify, defend and hold harmless Redbolt, its officers, directors, agents, employees, authorized representatives and the Users, from all losses, costs, fees, charges and damages suffered or incurred by Redbolt, its officers, directors, agents, employees, authorized representatives and the Users in connection with the User Tournaments. Redbolt reserves the right to suspend or cancel any User Tournament if Redbolt determines, in its sole and absolute discretion, that such User Tournament does not comply with the Terms of Service, applicable laws, is offensive, or violates public morality and decency. The User or the Organizing User shall not have any claim against Redbolt or its officers, directors, shareholders, employees agents, and representatives in case of a suspension or cancellation of a User Tournament. Any determination by Redbolt with respect to a User Tournament will be final and binding on all Users and the Organizing User.
7.14. The User acknowledges that such Game is not endorsed by Redbolt and/or Redbolt’s sponsors, partners, shareholders, officers, employees, and/or agents. The User further acknowledge that such 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 Games reflects the views and/or choices of Redbolt and/or of its sponsors, partners, shareholders, officers, employees and/or agents. Specifically, and without prejudice to the generality of the above, Redbolt specifically disclaims the following:
(a) the authenticity and truthfulness of the representations and claims made in the Game;
(b) that all descriptions, claims and comparisons made in a Game, which relate to matters of objectively ascertainable facts are capable of substantiation. Where any claims are expressly stated to be based on or supported by independent research or assessment, there is evidence in relation to source, date, and authenticity of such research;
(c) that such 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; and
(d) that no Game is framed to abuse the trust of Users and/or to exploit Users’ lack of experience or knowledge. No Game contains any claim so exaggerated as to lead to grave or widespread disappointment in the minds of the Users.
8. Accuracy of information
8.1. Redbolt is not responsible if information made available on the Platform(including any information in relation to the Services) is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform(including any information in relation to the Products) is at the User’s own risk.
8.2. The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. Redbolt reserves the right to modify the contents of the Platform at any time, but Redbolt has no obligation to update any information on the Platform. The User agrees that it is the User’s responsibility to monitor changes to the Platform.
8.3. Redbolt undertakes no obligation to update, amend or clarify information in the Platformor on any related website, or in relation to the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platformor on any related website, should be taken to indicate that all information in the Platformor on any related website has been modified or updated.
9.1. No warranty of any kind, implied, express, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with Redbolt’s products/services or any data/content, including without limitation, the Platform. While Redbolt may apply such technology as it deems fit to ensure the security of and prevent unauthorized access to its products/services, Redbolt does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program, or macros. Redbolt provides the products/services an “as is”, “where is”, “with all faults” basis.
9.2. The User acknowledges that he/she has not solely relied on any representation/warranty made by Redbolt, service providers, subcontractors or agents and has made independent assessment of Redbolt’s products/services, including without limitation, the Platform. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the Platform or on the Internet generally.
ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE PLATFORM.
10. Condition and terms of payments
10.1. In order to facilitate the provision of the Services and the payment of any winnings to the User, the User is required to setup a closed prepaid wallet (“USTREAK Wallet”) with Redbolt. The User will have to link an appropriate payment instrument such as bank account, credit or debit card, semi-closed prepaid wallet, etc. with Redbolt’s payment partner for funding the USTREAK Wallet. Please note that payment to the USTREAK Wallet is executed by Redbolt’s payments partner and Redbolt is not liable for any loss or damage to the User from the use of such service. All payments into the USTREAK Wallet by the User must be made in Indian Rupees in accordance with applicable laws.
10.2. The User acknowledges that the use and operation of the USTREAK Wallet is subject to limits on the balances in the USTREAK Wallet under applicable laws. The total balances in the USTREAK Wallet and the limits loaded in any month cannot exceed INR [10,000].
10.3. The User agrees and acknowledges that credit of amounts into USTREAK Wallet will be subject to clearing and deposit of such payments by Redbolt’s payments partner. Therefore, the User acknowledges that balances with be reflected in the User’s USTREAK Wallet only after the clearing and credit of funds. Redbolt does not provide any credit facilities to the User or any other person.
10.4. For setting up of the USTREAK Wallet for the User, Redbolt requires details of the User such a name, phone number and email address. Redbolt may also require certain documentation such as the User’s Aadhaar card, PAN card, voter identification card etc. to verify the User’s identity in accordance with laws. If so required by Redbolt, the User will provide all information and documents required by Redbolt in connection with the USTREAK Wallet. Please note that in case a User fails to provide information and documents required by Redbolt, the User may be restricted from accessing or using the USTREAK Wallet.
10.5. The amount deposited by a User in the Redbolt Wallet is non-refundable and must be used towards the Redbolt Services. At the request of the User, Redbolt may, at its discretion, refund the balances in the Redbolt Wallet to the User into the payment instrument of the User. Amounts in the Ustreak Wallet can be transferred to the User’s payment instrument upon request from the User. The User shall provide all information and documents required by Redbolt in connection with such payment, including without limitation, Aadhaar card, PAN card, voter identification card etc. of the User. In case the User fails to provide the required information and documents to Redbolt, Redbolt will be unable to credit such payments to the User, and such winnings shall stand forfeited. All winnings deposited by Redbolt will be made in Indian Rupees and executed in accordance with applicable laws.
10.6. A transaction, once confirmed using the Redbolt Wallet, is final and no cancellation is permissible. At the request of the User, Redbolt may, in certain exceptional circumstances and at its sole and absolute discretion, permit a cancellation of a transaction and refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions applicable to the transaction.
10.7. The User also agrees to comply with all terms and conditions for the use of the User’s payment instrument for funding the USTREAK Wallet, as instructed by Redbolt’s payment partner. The User shall also provide all such information and documents requested by Redbolt’s payment partner in connection with any supervisory examination or otherwise.
10.8. In case of any fraud, illegal activity, or breach of the Terms of Service carried out using the USTREAK Wallet, Redbolt reserves the right to suspend the use of the USTREAK Wallet.
10.9. The User acknowledges that the USTREAK Wallet will be operated in accordance with these Terms of Service and Redbolt reserves the right to suspend the operation of the USTREAK Wallet in case of any breach of these Terms of Service, applicable laws, or as may be directed by any regulator. The User further acknowledges that Redbolt may impose restrictions on the setup, use, and operation of the USTREAK Wallet in accordance with applicable law and the User irrevocably agrees and accepts to adhere to such restrictions.
10.10. The User shall be responsible for bearing all direct and indirect taxes, cess, levies, duties, charges and imposts payable in connection with any winnings received by a User. Please note that in certain cases, under applicable laws, Redbolt is required to deduct taxes at source before payment of winnings to Users and the User agrees and accepts such deduction.
10.11. The User acknowledges that the User’s USTREAK Wallet may be frozen without any intimation to enable Redbolt to comply with any of Redbolt’s regulatory (including self-regulatory) and legal obligations in relation to the USTREAK Wallet. The User will not be able to access the USTREAK Wallet, deposit further monies into your USTREAK Wallet, or use any Services whilst the User’s USTREAK Wallet is frozen. Redbolt will notify the User of such action as soon as reasonably practicable.
11. Exclusions of liability
11.1. Notwithstanding anything to the contrary Redbolt, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other person for:
(a) any indirect, incidental, special, consequential, punitive or economic loss, expense, or damage arising from or in connection with any access, use or the inability to access or use Redbolt’s products/services and data/content or reliance on those, including without limitation, in case of the Services, the Platform, howsoever caused and regardless of the form of action (including tort or strict liability);
(b) any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
(c) any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access Redbolt’s products and services, including without limitation, the Services, the Platform.
11.2. In certain cases, third parties may sponsor or offer prizes to Users in connection with the Services. Please note that such prizes are offered by such third party and Redbolt expressly disclaims any liabilities associated in connection with such prizes. The third parties will be responsible for providing the prizes to the Users, based on the terms notified by such third parties. Redbolt may, in accordance with its agreement with such third parties, facilitate the provision of such prizes to Users.
11.3. Redbolt shall not be liable for any inconvenience, loss, cost, damage, or injury suffered by the User or any third Person arising from or caused by:
(a) act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers, and internet access providers), or any agent or subcontractor of any of the foregoing;
(b) the use of Redbolt’s products and services, including without limitation, the Services, the Platform by third Persons, whether authorized or unauthorized by the User;
(c) theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details, and password, hardware and/or equipment on which the Platform is accessed or operated;
(d) the User being deprived of the use of the Platform as a consequence of any act or omission by Redbolt for any reason including but not limited to compliance with any applicable laws and/or regulations and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL REDBOLT OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, THE SERVICES, THE PLATFORM, OR ANY REFERENCE SITE, APP, PRODUCTS OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE SERVICES, THE PLATFORM, OR OTHER PRODUCTS OR SERVICES OF REDBOLT OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH REDBOLT; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS INR 1,000, OR ANY LOWER AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LESS.
12. Third-party services
12.1. Redbolt may provide the User with access to third-party tools and services and certain content, products and services available by Redbolt may include materials from third-parties which Redbolt neither monitor nor have any control over. Third-party links on the Platformmay direct the User to third-party websites that are not affiliated with Redbolt.
12.2. The User acknowledges and agrees that Redbolt provides access to such links, website, tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement and Redbolt does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of third-parties. Redbolt shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools and services.The User is requested to review the third-party’s policies and practices carefully and make sure that the User understands them. Complaints, concerns, or questions regarding third-party products should be directed to the third-party.
13. Personal information
14. Intellectual property
14.1. All intellectual property rights in the Platformor the Services belong to Redbolt or the applicable third-party owner of such rights. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses,as may be specifically agreed in writing.Redbolt retains ownership of all rights, title, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the Redbolt.
14.2. No part or parts of the Platform may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without Redbolt’s prior written permission. The User may view, print or use Redbolt’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
14.3. The Game and certain other features in the Platformare Intellectual Property Rights of the respective Third Party Game Developers and other persons. In case of any violation of the Intellectual Property Rights of Third Party Game Developers and other persons by the User, the Third Party Game Developers and other persons may proceed against the User for the same.
14.4. The User shall not claim any rights or interest in the Intellectual Property Rights of Redbolt, or in connection with any other services, features, or product offered by Redbolt to the User, including without limitation, the Platform or the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of Redbolt (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “ IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling, and reverse engineering include, without limitation:
(a) converting the IP Property from a machine-readable form into a human-readable form;
(b) disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof;
(c) examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs;
(d) performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or
(e) making any alteration or change to the IP Property without the express prior written consent of Redbolt.
The User agrees to indemnify, defend and hold harmless Redbolt andRedbolt’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (“ Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference or the User’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
If Redbolt does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by Redbolt, unless specifically agreed by Redbolt in writing.
18. Force Majeure
18.1. For purposes of these Terms of Service, “ Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation any act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money) or provision of the Services.
18.2. If a Force Majeure Event occurs, the party that is prevented from performing (the “Nonperforming Party”) will be excused from performing those obligations rendered un-performable by the Force Majeure Event. Upon the occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of the occurrence of the Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance pursuant to these Terms of Service.
19. Relationship of the parties
The User agree that no joint venture, partnership, employment, or agency relationship exists between the User and Redbolt as a result of these Terms of Service, the User’s use of the Platform, or the availing of Services from Redbolt.
The User shall not assign or transfer the rights and obligations if the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without Redbolt’s prior written consent Redbolt may assign or transfer the rights and obligations contained in there Terms of Service to any Person.
21. Governing law and jurisdiction
(a) These Terms of Service will be governed by the laws of India without any application of conflict of laws principles.
(b) In case of any differences, disputes or disagreements between the User and Redbolt (“Dispute”), the User and Redbolt shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.
(c) In case the User and Redbolt are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or Redbolt, be referred to arbitration by a sole arbitrator appointed by Redbolt. The seat of arbitration shall be New Delhi and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and Redbolt.
22. Contact Information
Questions about these Terms of Service should be sent to Redbolt at [email protected]. Any notices to Redbolt in connection with the Platform or these Terms of Service must be sent to the details given below:
REDBOLT TECHNOLOGIES PRIVATE LIMITED
H.NO. J-1/22/2, GROUND FLOOR, KHIRKI, EXTENSION, MALVIYA NAGAR, NEW DELHI-110017 India
Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt.
Redbolt may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number,or by an email to the email address of the User available on record with Redbolt. The User accepts that notices by Redbolt by any of the above means shall constitute valid notice.
23. Cumulative rights
The rights and remedies of Redbolt provided in this Terms of Service are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law.