TERMS OF USE
This Terms of Use ("Terms of Use") lays out the terms and conditions, as maybe amended and
supplemented, from time to time which shall govern the access and use of the Mobile Application
Software titled ‘Loco’ (“App”), the website atgetloconow.com, (collectively, the “Platform”) and the
Services provided to registrants/end-user ("Visitor"/”You”) through theApp and the Platformas the
case may be.
Please read the Terms of Use carefully before using or registering on the App or accessing any
Services (as defined
below
) through the Platform. By using the Platform or the Services, you hereby
signify your absolute and unconditional acceptance to the Terms of Use and your agreement to be
legally bound by the same. You may not use the Services if you do not accept the Terms of Use.
1. ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
(a) This Terms of Use is an agreement (“Agreement”) between the Visitor andPocket Aces
Pictures Private Limited ("theCompany/ We"), with regard to, (i) the access and use of
the Platform, including the App, for playing a trivia game hosted by the Company on its
App (“Trivia Services”); (ii) [the access and use of the Platform, including the App, for
availing , inter alia
, the game-streaming services provided by the Company on its App]
(“Game Streaming Services” and together with the Trivia Services, the “Services”); and
(iii) account opened by the Visitor on the App to use the Services provided by the
Company (“Account”). The Visitor shall be permitted to access the Services only upon
creating the Account.
(b) The access of the Platform, usage of the Services in any manner or mere browsing of the
Platform by the Visitor constitutes an acknowledgement and acceptance in full by the
Visitor of this Terms of Use without any modification and/or exception. If the Visitor
does not agree with any part of this Terms of Use in any manner, the Visitor must not
access the Platform or the Services. By affirming the assent of the Visitor to this Terms of
Use, the Visitor provides his consent to the collection, use, storage, processing and
disclosure of his information as set out in this Terms of Use.
(c) The Company reserves the right to change the Terms of Use and any of the terms of the
Service without any notice or intimation of such change to the Visitor. The Visitor shall be
responsible for regularly reviewing the Terms of Use. Changes to this Terms of Use will
be effective when posted on the App or the Platform and the Visitor agrees to review this
Terms of Use periodically to become aware of any changes.
(d) The Visitor's use of certain features, functionality or programs (including, without
limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS
feeds, etc.) offered on or through the App may be subject to additional Terms of Use, and
before the Visitor uses any such features, functionality or other programs he would be
deemed to have accepted such additional rules. The Company may also offer certain paid
services, which shall be subject to certain additional terms or conditions that shall be
disclosed to you in connection with such services. All such terms and guidelines are
incorporated into these terms of use by reference.
(e) The Company reserves the right, in its sole discretion, to terminate the access of the
Visitor to the App or any portion thereof at any time, without any prior notice.
(f) The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent or intent
of this Terms of Use or the right to use the App by the Visitor as contained herein.
(g) The Terms of Use herein shall apply equally to both the singular and plural form of the
terms defined. Whenever the context may require, any pronoun shall include the
corresponding masculine and feminine. The words "include", "includes" and "including"
shall be deemed to be followed by the phrase "without limitation". Unless the context
otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of
similar import refer to this Terms of Use as a whole.
(h) The Visitor understands and acknowledges that when using the Services, it/he/she will
be exposed to content from a variety of sources, and that the Company is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such
content.
(i) You further understand and acknowledge that you may be exposed to content that is
inaccurate, indecent, or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against the Services and the
Company in this regard with respect thereto, and agree to indemnify and hold the
Services, their site operator, the Company, their parent corporation, their respective
affiliates, licensors, service providers, officers, directors, employees, agents, successors
and assigns, harmless to the fullest extent allowed by law regarding all matters related to
your use of the Services.
2. REGISTRATION AND USAGE PROCESS FOR VISITOR
(a) Through the App, individual live trivia games (each, a “Quiz”) will be announced from
time to time. The Visitor may join the Quiz while it is live. The time period for any Quiz
will be as announced through the App. The Visitor is not required to purchase or pay to
participate in the Quiz. However, the Company shall be entitled to set and charge a usage
fee, in connection with the Visitor’s use of the Trivia Services and from time to time
amend or vary its transaction fee for the Trivia Services.
(b) Through the App, there shall be video streams available for games (“Game Streams”).
The Visitor may view the Game Streams. The Visitor is not required to purchase or pay to
view such Game Stream unless as provided in the Terms of Use.
(c) The Visitor agrees and undertakes at all times to be responsible for maintaining the
confidentiality of the Account created for the Services and shall be fully responsible for all
activities that occur by use of the Account. Further, the Visitor agrees not to use any other
party's Account for any purpose whatsoever without proper authorization from the
relevant party. The Visitor is responsible for the security of all transactions undertaken on
his Account. The Company will not be responsible for any financial loss, inconvenience
or mental agony resulting from misuse of the Visitor’s Account.
(d) The Visitor also agrees and undertakes to immediately notify the Company of any
unauthorized use of the Visitor's Account or user ID as the case maybe. The Company
shall not be responsible for any, direct or indirect, loss or damage arising out of the
Visitor's failure to comply with this requirement. You are solely responsible for
maintaining the confidentiality of your account and password, for restricting access to
your computer, and for all activities that occur under your account or password. You
acknowledge that your account is personal to you and agree not to provide any other
person with access to the Services or portions of it using your user name, password or
other security information. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or record
your password or other personal information.
(e) The Company shall have the right to disable any user name, password or other identifier,
whether chosen by the Visitor or provided by the Company, at any time in its sole
discretion for any or no reason, including if, in the opinion of the Company, the Visitor
has violated any provision of these Terms of Use.
(f) To use the Services of the App, the Visitor also agrees to:
(i). download and open the App on his device;
(ii). sign up for an Account or if the Visitor already has an Account, to log into his
existing Account.
(iii). For the Quiz Services, the Visitor may also register to participate in the Quiz via
other methods the Company makes available to him;
a. click on play or select another method provided by the Company, enabling
the Visitor to enter a Quiz (“Play”);
b. receive a notification on his device when the Quiz begins;
have 10 seconds or other amount of time as determined by the Company to
answer each question;
(iv). provide true, accurate and complete information about himself ("Registered
Data") on the App;
(v). maintain and promptly update the Registered Data to keep it true, accurate,
current and complete. If the Visitor provides any information that is untrue,
inaccurate, not current or incomplete or the Company has reasonable grounds to
suspect that the Registered Data or any part thereof is untrue, inaccurate, not
current or incomplete, the Company has the right to suspend or terminate the
Visitor's Account and refuse any and all current or future use of the Platform
and/or any of the Services of the Company;
(vi). the Visitor also accepts that the Quiz and Game Streams will be void where
prohibited or restricted by Applicable Laws (defined below
) or where bonding,
registration, or other requirements would be required but have not been met;
(vii). the Visitor accepts that the Company shall not be responsible in any manner for
the non-fulfilment of the Prize to him by Paytm or any other third-party payment
service provider; and
(viii). the Visitor also accepts that the Company expressly reserves the right to
disqualify any entry that it believes are not in good faith, or are generated by an
automated means or scripts, or otherwise violating these Terms of Use or the
spirit of the Quiz and Game Streams. Entries generated by script, macro or other
automated means or otherwise violating these Terms of Use or the spirit of the
Quiz and Game Streams are void. Notwithstanding the provisions contained in
this Clause, the Company, shall be entitled to, at its sole discretion (including for
reasons of software issues, network issues, technical glitches, etc.,) to nullify a
Quiz at any time after the Quiz has started and / or any Prizes owed to the
Visitor after it has become due.
3. ACCOUNT
Subject to the other provisions of this Terms of Use, the Visitor is not required to purchase or
pay anything to enter or win the Quiz or to view the Game Stream. Acceptance of the
application for an Account will be displayed on the App. The Company reserves the right to
decline the Visitor’s application for an account or to revoke the same at any stage at the
Company’s sole and absolute discretion and without assigning any reason or giving any
notice thereto.
4. PRIZE
(a) Each Quiz will have a winner who will receive a cash prize, which will be determined by
the Company in its sole discretion and indicated in connection with a particular Quiz
(the “Prize”).
(b) The value of a Prize will be equal to the cash amount of the Prize.
(c) When applicable, to receive a Prize, the winner (and, if the winner is a minor, his parents
or legal guardians) may be required to:
(i). furnish proof of identity, address and birth date;
(ii). furnish copy of the pan card or the pan card details (in case the Prize exceeds Rs.
10,000 (ten thousand); and
(iii). compulsorily link his Paytm Account or any other account which the Visitor may be
required to maintain with any other specified third-party payment service providers
(as notified by the Company to the Visitor from time to time), to the App to receive
his Prize (“Cash- Out”).
(d) If the Visitor wins any Prize in a Quiz, the Company shall initiate the payment of such
Prize to the Visitor at its sole discretion and at a time and date decided by the Company
via Paytm, a third-party payment service provider (“Paytm”) or any other payment
service provider that the Company may have. The Cash – Out shall be subject to the
Terms of Use and Privacy Policies of Paytm, located at https://www.paytm.com or any
other third-party payment channel. However, the Company shall have the right to forfeit
the Cash – Out if the Prize is not claimed by the Visitor within a period of 90 (ninety)
days from the announcement of the Prize.
(e) It shall be the Company’s discretion on deciding when to give the Cash-Out to the
Visitor and the Visitor shall not have any right to decide the time or day for receiving or
claiming the Cash – Out.
(f) The Quiz shall be conducted under the supervision of the Company. The decisions of the
Company are final and binding in all matters relating to the Quiz and the Prize. Each
winner may be notified via the App or by email or SMS, at the Company’s discretion,
provided, however, that the Company reserves the right to determine an alternate
method of notification.
(g) In no event shall the Company be obligated to award any Prizes other than the Prize
specified in these Terms of Use.
(h) The Company does not guarantee that the Prize shall be made available to the winner.
The Prize is not assignable and not transferable and no substitutions are permitted,
except by the Company in its sole discretion.
(i) In addition, if the Prize is unable to be provided to the winner due to Applicable Law or
if the winner cannot claim the Prize for any reason, then the Company reserves the right
to not award the Prize at all.
(j) The Visitor acknowledges that certain jurisdictions have laws regarding contests that
may prevent the Company from awarding the Visitor his Prize. By entering this contest,
the Visitor (and, if he is a minor, his parents or legal guardians), understands and accepts
the risk that the Visitor may win but not be able to receive a Prize.
5. LIMITED VISITOR
(a) Each Visitor who accesses the Services, represents that he is an Indian resident or a
person resident in India as per the Applicable Laws.
(b) The Visitor agrees and undertakes not to sell, trade, resell or exploit for any commercial
purposes, any portion of the Services. The Visitor further agrees and undertakes not to
copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer,
create derivative works from, transfer, or sell any information, software, products,
Services or intellectual property obtained from the App or the Platform in any manner
whatsoever.
(c) The Visitor represents that he shall not use the App or its Services for any illegal purposes
as per the Applicable Laws.
6. DISCLAIMER OF WARRANTIES
(a) The Company has endeavored to ensure that all the information provided by it on the
App and the Platform is correct, but the Company neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data or
information displayed on the App or the Platform. The Company makes no warranty,
express or implied, concerning the Platform and/or its contents and disclaims all
warranties of fitness for a particular purpose and warranties of merchantability in
respect of information displayed and communicated through or on the Platform,
including any liability, responsibility or any other claim, whatsoever, in respect of any
loss, whether direct or consequential, to any Visitor or any other person, arising out of or
from the use of any such information as is displayed or communicated through or on the
Platform.
(b) The Company shall have the right to endorse brands (through advertisements or
otherwise) on the Platform and shall also have the right to inter alia
, conduct a Quiz,
conduct/ display game streaming, videos, conduct brand specific activities, etc., on the
Platform which may be sponsored by any such brand (“Sponsor”) that the Company
may associate with. The Visitors are requested to verify the accuracy of all information
on their own before undertaking any reliance on such information.
(c) By playing a Quiz sponsored by a Sponsor the Visitor agrees that any information
provided by the Visitor or collected by the Sponsor in connection with the Quiz may be
used by the Sponsor in accordance with their terms of use.
(d) The Visitor further agrees that any information provided by the Visitor in connection
with the Game Streams may be used by the Company in accordance with their terms of
use.
(e) Unless prohibited by Applicable Law, the acceptance of a Visitor to play the Quiz or
view a Game Stream constitutes the Visitor’s permission touse his name, submissions,
photograph, likeness, voice, address (city and state)and testimonials in all media, in
perpetuity, in any manner that the Company or the Sponsor deems appropriate for
publicity purposes without any compensation to such entrant or any review or approval
rights, notifications, or permissions and constitutes the Visitor’s consent to disclose his
personally identifiable information to third parties. Notwithstanding any rights of
publicity, privacy or otherwise (whether or not statutory) anywhere in the world, the
Visitor’s acceptance of a Prize constitutes his authorization to:
(i). have Sponsor (and its agents, consultants and employees) photograph, record,
tape, film and otherwise visually and audio visually record the Visitor;
(ii). have Sponsor (and its agents, consultants and employees) use, reproduce,
disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and
otherwise exploit any results of such activity (including without limitation any
manner in which such activity may be recorded or remembered or modified) or
derivatives or extensions or limitations thereof in any manner that Sponsor sees fit,
in any medium or technology known or hereinafter invented, throughout the
universe in perpetuity, including without limitation for illustration, art,
promotion, advertising, trade or any other purpose whatsoever; and
(iii). have relinquished any right that the Visitor may have to examine or approve the
completed product or products or the advertising copy or printed matter that may
be used in conjunction therewith or the use to which it may be applied.
(f) In no event shall the Company be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any other damages resulting from: (i) the use or the
inability to use the Services; (ii) unauthorized access to or alteration of the Visitor's
transmissions or data; (iii) any other matter relating to the Services; including, without
limitation, damages for loss of use, data or profits, arising out of or in any way connected
with availing of the Services.
(g) The Company shall not be responsible for the delay or inability to use the Services on the
App, the provision of or failure to provide the Services, or for any information, software,
products, Services and related graphics obtained from the Company through the App,
whether based on contract, tort, negligence, strict liability or otherwise. Further, the
Company shall not be held responsible for non-availability of the App during periodic
maintenance operations or any unplanned suspension of access to the App that may
occur due to technical reasons or for any other reason whatsoever. The Visitor
understands and agrees that any material and/or data downloaded or otherwise
obtained from the Company through the Platform is done entirely at his discretion and
risk and he will be solely responsible for any damage to his equipment including a
phone, internet access, etc., or any other loss that results from such material and/or data.
(h) These limitations, disclaimer of warranties and exclusions apply without regard to
whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii)
negligence, or (iv) any other cause of action, to the extent such exclusion and limitations
are not prohibited by Applicable Law.
7. LINKS TO OTHER SITES
(a) The App may contain links to other websites or may contain features of any nature of
other websites on the App ("Allied Sites"). The Allied Sites are not under the control of
the Company and the Company is not responsible for the contents of any Allied Site,
including without limitation any link or advertisement contained in the Allied Site, or
any changes or updates to the Allied Site.
(b) The Company is not responsible for any errors, inclusions, omissions or representations
on any Allied Site, or on any link contained in the Allied Site. The Company does not
endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in
any manner. The Visitor is requested to verify the accuracy of all information on his
own before undertaking any reliance on such information.
8. USER GENERATED CONTENT
(a) The Company allows users to distribute streaming live and pre-recorded audio-visual
works, to use services, such as chat, bulletin boards, forum postings, voice interactive
services, and to participate in other activities in which you may create, post, transmit,
perform, or store content, messages, text, sound, images, applications, code or other data
or materials on the Services (“User Generated Content/UGC”).
(b) Unless otherwise agreed to in a written agreement between the Visitor and the Company
that was signed by an authorized representative of Company, by broadcasting,
publishing, posting, displaying, submitting and/or uploading any of its UGC in
connection with the Services, the Visitor grants to the Company and its sub-licensees the
permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights
and license, without any territorial or time limitations and without requiring any
approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit,
dispose, create derivative works of, distribute, perform and publicly display such UGC
(in whole or in part), and/or incorporate such UGC into existing or future forms of
work, media or technology.
(c) With respect to streaming live and pre-recorded audio-visual works, the rights granted
by the Visitor to terminate such UGC, or generally by closing the account, of the Visitor
except (i) when used for promotional purposes; and (ii) for the reasonable time it takes to
remove from backup and other systems.
(d) The Visitor shall be solely responsible for your UGC and the consequences of streaming,
posting, uploading, publishing, transmitting or otherwise making available your UGC
on the Services. The Visitor understands and acknowledges that you are responsible for
any UGC you submit or contribute, and the Visitor, not the Company shall, have full
responsibility for such UGC, including its legality, reliability, accuracy and
appropriateness. The Company is not responsible, or liable to any third party, for the
content or accuracy of any UGC made available by the Visitor or any other user of
App/Platform. The Company does not control UGC provided or contributed by the
Visitor and the Company does not make any guarantee whatsoever related to UGC
submitted or contributed by users. Although the Company sometimes review UGC
provided or contributed by users, the Company is not obligated to do so. Under no
circumstances will the Company be liable or responsible in any way for any claim
related to UGC provided or contributed by users.
(e) You further agree that UGC you provide to the Services/Company will not contain third
party copyrighted material, or material that is subject to other third party proprietary
rights, unless you have permission from the rightful owner of the material or you are
otherwise legally entitled to provide the material and to grant to the Services/Company
all of the license rights granted herein.
(f) The Company does not endorse any UGC on it by any user or other licensor except as
provided for under these Terms of Use, or any opinion, recommendation, or advice
expressed therein, and the Company expressly disclaims any and all liability in
connection with UGC.
(g) The Company shall have the unconditional right and authority, among other things, to
use any game streamer's Game Stream or any UGC and content for marketing and
advertising purposes without any monetaryobligations or any liabilities being incurred
by the Company.
9. PROHIBITED CONDUCT
(a) You may not use the Services for any other purposes, including commercial purposes,
without our express written consent.
(b) You agree that you will view the Services and its content unaltered and unmodified. You
acknowledge and understand that you are prohibited from modifying the Services or
eliminating any of the content of the Services.
(c) You agree that you will not use or attempt to use any method, device, software or
routine to harm others or interfere with the functioning of the Services or use and/or
monitor any information in or related to the Services for any unauthorized purpose.
Specifically, you agree not to use the Services to:
(i). violate any law (including without limitation laws related to torts, contracts,
patents, trademarks, trade secrets, copyrights, defamation, obscenity,
pornography, rights of publicity or other rights) or encourage or provide
instructions to another to do so;
(ii). post any content that contains falsehoods or misrepresentations that could
damage the Services, or the Company, or any third party;
(iii). post any content that is obscene, illegal, unlawful, defamatory, libelous,
harassing, hateful, racially or ethnically offensive, or encourages conduct that
would be considered a criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate;
(iv). post any content containing unsolicited or unauthorized advertising,
promotional materials, spam, junk mail, chain letters, pyramid schemes or any
other form of unauthorized solicitation;
(v). post any content containing copyrighted materials, or materials protected by
other intellectual property laws, that you do not own or for which you have not
obtained all necessary written permissions and releases;
(vi). deploy or use programs, software or applications designed to harm, interfere
with the operation of, or access in an unauthorized manner, services, networks,
servers, or other infrastructure;
(vii). exceed your authorized access to any portion of the Services;
(viii). collect or store personal data about anyone;
(ix). obtain or attempt to access or otherwise obtain any content or information
through any means not intentionally made available or provided for through the
Services;
(x). exploit errors in design, features which are not documented and/or bugs to gain
access that would otherwise not be available;
(xi). use any robot, spider or other automatic device, process or means to access the
Services for any purpose, including monitoring or copying any of the material on
the Services without our prior written consent;
(xii). use any manual process to monitor or copy any of the material on the Services or
for any other unauthorized purpose without our prior written consent;
(xiii). introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs,
cancelbots, corrupted files or any other similar software, program or material
which is malicious or technologically harmful or that may damage the operation
of another’s property or of the Services; or
(xiv). remove any copyright or other proprietary notices from Services or any of the
materials contained therein.
10. CONTENT REVIEW AND TERMINATION
(a) The Company has the right to:
(i). remove any UGC you provide or contribute to Services for any or no reason in
our sole discretion;
(ii). take any action with respect to any UGC provided by the Visitor that the
Company deems necessary or appropriate in its sole discretion, including if the
Company believes that such UGC violates these terms of use, infringes any
intellectual property right or other right of any person or entity, threatens the
personal safety of users of the Services or the public or could create liability for
the Company;
(iii). take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Services;
(iv). terminate or suspend your access to all or part of the Services for any or no
reason, including without limitation, any violation of these terms of use.
(v). Without limiting the foregoing, the Company shall have the right to fully
cooperate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information of anyone providing any
UGC on or through the Services.
(vi). To maintain our services in a manner the Company deems appropriate for our
venue and to the maximum extent permitted by applicable laws, the Services
may, but will not have any obligation to, review, monitor, display, reject, refuse
to post, store, maintain, accept or remove any UGC posted by you, and the
Company may, in our sole discretion, delete, move, re-format, remove or refuse
to post or otherwise make use of UGC without notice or any liability to you or
any third party in connection with our operation of the Services in an appropriate
manner. Without limitation, the Company may do so to address UGC that comes
to its attention that the Company believes is offensive, obscene, violent,
harassing, threatening, abusive, illegal or otherwise objectionable or
inappropriate, or to enforce the rights of third parties or these terms of use or any
applicable additional terms.
(vii). However, the Company does not undertake to review UGC before it is posted on
the Services, and cannot ensure prompt removal of objectionable UGC after it has
been posted. Accordingly, the Company shall assume no liability for any action
or inaction regarding transmissions, communications or UGC provided by any
user or third party.
11. VISITOR'S OBLIGATIONS
(a) The Visitor's rights on the Platform are conditioned upon compliance with each of the
following:
(i). in order to utilize the Services provided by the Company, the Visitor must be over
the age of 18 and if the Visitor is under the age of 18, he must have his parent’s or
legal guardian’s permission prior to participating in the Quiz or streaming the
Game Stream, and by participating/streaming, the Visitor represents that his
parent or legal guardian has provided such permission and agreed to these Terms
of Use;
(ii). the Visitor will not create or submit anything that is unlawful, pornographic,
defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying,
vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that
encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or
criminal liability, or that violates any applicable laws, rules, regulations or
Government of India's guidelines ("Applicable Laws"), or that infringes or violates
other parties' intellectual property rights or links to infringing or unauthorized
content;
(iii). the Visitor will not embed, re-publish, maintain and/or display any App content
on any web site or other Internet location that ordinarily contains or hosts content
that is unlawful, pornographic, obscene, defamatory, libellous, threatening,
discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially,
culturally or ethnically offensive, or that encourages criminal conduct, or that gives
rise, or potentially gives rise, to civil or criminal liability, or that violates any
Applicable Laws, or that infringes or violates other parties' intellectual property
rights or links to infringing or unauthorized content;
(iv). the Visitor will not provide false information about him or anyone else (including,
without limitation, if and when the Visitor is being asked on the App to provide
accurate information about the Visitor's age), and the Visitor will not impersonate
or appear to impersonate anyone else or otherwise misrepresent the Visitor's
affiliation with any person or entity;
(v). the Visitor will not use any one or more of the Licenses (and any associated
functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise,
view, display, forward, any material or information, whether personally
identifiable or not, posted by or concerning any other user of the App, unless the
Visitor would have obtained prior permission from such user to do so;
(vi). the Visitor will not interfere with or disrupt, or attempt to interfere with or disrupt,
the operation of the Platform (or any parts thereof);
(vii). the Visitor will abide by all copyright notices, information, restrictions contained in
or associated with any of the App content;
(viii). the Visitor will not remove, alter, interfere with or circumvent any copyright,
trademark, watermark, or other proprietary notices marked/displayed on the
Platform;
(ix). the Visitor will not remove, alter, interfere with or circumvent any digital rights
management mechanism, device or other content protection or access control
measure (including, without limitation geo-filtering and/or encryption) associated
with the Platform;
(x). the Visitor will not use any of the rights granted to him or any of the Platform
content in a manner that suggests an association with any of the Company's
products, Services or brands, unless otherwise specifically permitted by the
Company;
(xi). the Visitor will not do anything on the App that would prevent other users' access
to or use of the App or any part thereof;
(xii). the Visitor, upon a request from the Company, shall provide all the necessary
documents to show his proof of residency in India; and
(xiii). the Visitor accepts that if he is a director, officer, and employees of Sponsor or any
of its affiliate companies and subsidiaries, and immediate families of each, he shall
not be eligible to receive a Prize.
(b) The Visitor represents and warrants that he has the power and authority to execute,
deliver and perform his obligations under this Terms of Use and all necessary corporate,
shareholder and/or other actions have been taken by it to authorize such execution,
delivery and performance, and that this Terms of Use constitutes its legal, valid and
binding obligation, enforceable in accordance with its terms. The execution, delivery and
performance of its obligations under this Terms of Use does not and will not contravene
any laws, regulation or order of any authority or other official body or agency or any
judgment or decree of any court having jurisdiction over it or conflict with or result in
any breach or default under any document binding upon it.
(c) The Visitor represents and warrants that he is not a director, officer, and employee of the
Company or any of its affiliate companies and subsidiaries, and immediate families of
each.
(d) The Visitor represents and confirms that the Visitor is of legal age to enter into a binding
contract and is not a person barred from accessing and using the App and availing the
Services under the laws of India or other Applicable Laws.
(e) The Visitor acknowledges and agrees that:
(i). Notwithstanding the provisions contained in the Terms of Use, the Company might
provide to the Visitor:
a. the option to purchase at a cost, additional chances of playing the Quiz (“Extra
Lives”).
b. the option to use a special code designated for every Account (“Referral Code”)
in relation to other Visitors or a special code provided by the Company to the
Visitor to get Extra Lives or a discount in purchasing an Extra Lives.
c. as between the Company and the Visitor, the Company owns all right, title and
interest in the Services and the App;
d. nothing in this Terms of Use shall confer on the Visitor any license or right of
ownership in the Company’s intellectual property rights and/or the App or its
contents.
(ii). To avail a Service through the App, the Visitor has and must continue to maintain at
his sole cost:
a. all the necessary equipment including a phone, internet access, etc. to access
the App and/or avail the Services; and
b. own access to the World Wide Web. The Visitor shall be responsible for
accessing the App and/or availing the Services which may involve third
party fees including, airtime charges or internet service provider's charges
which are to be exclusively borne by the Visitor.
(iii). The Visitor also understands that the Services may include certain communications
from the Company as service announcements and administrative messages. The
Visitor understands and agrees that the Services are provided on an "as-is-where-is"
basis and that the Company does not assume any responsibility for deletions,
mis-delivery or failure to store any Visitor communications or personalized settings.
10. LICENSE AND PROPRIETARY RIGHTS
(a) Subject to the terms of this Terms of Use, the Company hereby grants to the Visitor, if
and only to the extent the necessary functionality is provided to the Visitor on or
through the Platform, the following limited, revocable, non-exclusive, non-transferable,
non-assignable, worldwide, royalty-free rights and licenses (each a "License"):
(i). the License to access, view and otherwise use the Platform (including,
without limitation any information or Services provided on or through the
Platform) for the personal and lawful use only by the Visitor, as intended
through the normal functionality of the Platform; and
(ii). the License to use any other functionality expressly provided by the
Company on or through the Platform for use by Visitors, subject to this
Terms of Use.
(b) The content of the App and all copyrights, patents, trademarks, service marks, trade
names and all other intellectual property rights therein are owned by the Company
and/or its licensors and are protected by applicable Indian and international copyright
and other intellectual property laws. The Visitor acknowledges, understands and
agrees that he shall not have, nor be entitled to claim, any rights in and to the content of
the Platform and/or any portion thereof.
(c) The Company may provide the Visitor with content including information, sound,
photographs, graphics, video or other material through the Platform. This material may
be protected by copyrights, trademarks or other intellectual property rights and laws.
The Visitor may use this material only as expressly authorized by the Company and
shall not copy, transmit or create derivative works of such material without express
authorization from the Company.
(d) The Visitor acknowledges and agrees that he shall not upload, post, reproduce or
distribute any content on the Platform that is protected by copyright or other
proprietary right of a third party, without obtaining the permission of the owner of
such right. Any copyrighted or other proprietary content distributed with the consent
of the owner must contain the appropriate copyright or other proprietary rights notice.
The unauthorized submission or distribution of copyrighted or other proprietary
content is illegal and could subject the Visitor to personal liability or criminal
prosecution.
11. GAME STREAMING RELATED COMPLAINTS AND REPORTING
The Visitors may notify the Company of any complaints in relation to the Game Streaming
Services, by contacting it at: [•]. However, the Company will not be liable or obligated in this
regard in any way.
12. TAXES
(a) The Visitor shall be responsible and liable for all taxes in connection with the Prize.
(b) The Visitor hereby consents and agrees that the Company may withhold any such
amount from his Account that any tax authority requires the Company to do so, or the
Company is otherwise required by law or pursuant to agreements with any tax authority
to do so, or if the Company needs to comply with internal policies or with any applicable
order or sanction of a tax authority.
(c) The Company may in its sole discretion deduct any and all taxes that it is statutorily
required to deduct from the Visitor/ Streamer in accordance with regulatory/ statutory
mandated rates. You further authorize the Company to deduct such taxes with
retrospective effect to comply with the tax laws. The Company is under no obligation to
deduct taxes from the very first payment to the Streamer and may do so in its sole
discretion.
12. CONFIDENTIALITY
(a) The Company and the Visitor hereby agree to keep the data, information and terms of the
Account ("Confidential Information") confidential and shall not disclose the same
without the consent of the other.
(b) The parties shall not be liable for breach of the above clause when the Confidential
Information is disclosed pursuant to an order of any court or government authority
and/or in performance of this contract by the Company and/or when the parties
independently obtain it from a third party.
13. BREACH
(a) Without prejudice to the other remedies available to the Company under this Terms of
Use or under Applicable Law, the Company may limit the Visitor's activity, warn other
Visitors of the Visitor's actions, immediately temporarily / indefinitely suspend or
terminate the Visitor's registration, and/or refuse to provide the Visitor with access to
the App if:
(i). the Visitor is in breach of this Terms of Use and/or the documents it incorporates
by reference; and
(ii). The Company believes that the Visitor's actions may infringe on any third-party
rights or breach any Applicable Law or otherwise result in any liability for the
Visitor or other Visitors of the App.
(b) The Company may at any time in its sole discretion reinstate suspended Visitors. Once
the Visitor has been indefinitely suspended the Visitor may not register or attempt to
register with the Company or use the Platform in any manner whatsoever until such
time that the Visitor is reinstated by the Company. Notwithstanding the foregoing, if the
Visitor breaches this Terms of Use or the documents it incorporates by reference, the
Company reserves the right to recover any amounts due and owing by the Visitor to the
Company and to take strict legal action as the Company deems necessary.
14. TERMINATION
(a) Either the Visitor or the Company may terminate this Agreement with or without cause
at any time to be effective immediately.
(b) The Visitor agrees that the Company may without prior notice, immediately terminate
the Visitor's Account and access to the Platform. Causes for termination may include, but
shall not be limited to, breach by the Visitor of this Terms of Use, requests by
enforcement or government agencies, and/or requests by the Visitor.
(c) This Agreement may be terminated by the Visitor by discontinuing the use of the
Platform. The Company shall not be liable to the Visitor or any third party for
termination of the Agreement. Should the Visitor object to any Terms of Use or become
dissatisfied with the Company in any way, the Visitor's only recourse is to immediately
discontinue the use of the App.
(d) Upon termination of this Terms of Use, the Visitor's right to use the App and Services
and software shall immediately cease. The Visitor shall have no right and the Company
shall have no obligation thereafter to execute any of the Visitor's uncompleted tasks or
forward any unread or unsent messages to the Visitor or any third party. Once the
Visitor's registration or the Services are terminated, cancelled or suspended, any data
that the Visitor has stored on the App may not be retrieved later.
15. RELATIONSHIP
None of the provisions of this Terms of Use, notices or the right to use the Platform by the
Visitor contained herein or any other section or pages of the Platform and/or the Allied Sites,
shall be deemed to constitute a partnership between the Visitor and the Company and no
party shall have any authority to bind or shall be deemed to be the agent of the other in any
way. It may be noted, however, that if by using the Platform, the Visitor authorizes the
Company and its agents to access third party sites designated by them or on their behalf for
retrieving requested information, the Visitor shall be deemed to have appointed the Company
and its agents as his agent for this purpose. The App is not sponsored, endorsed,
administered by, or associated with Apple or its subsidiaries or affiliates.
16. INDEMNIFICATION
The Visitor agrees to indemnify, defend and hold harmless the Company, its affiliates, group
companies and their directors, officers, employees, agents, third party service providers, and
any other third party providing any service to the Company in relation to the Services
whether directly or indirectly, from and against any and all losses, liabilities, claims,
damages, costs and expenses (including legal fees and disbursements in connection therewith
and interest chargeable thereon) asserted against or incurred by the Company that arise out
of, result from, or may be payable by virtue of, any breach or non-performance of any terms
of this Terms of Use including any representation, warranty, covenant or agreement made or
obligation to be performed by the Visitor pursuant to this Terms of Use.
17. LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
(a) The Visitor understands and expressly agrees that to the extent permitted under
Applicable Laws, in no event will the Company or any of its affiliates or group
companies or any of their respective officers, employees, directors, shareholders, agents,
or licensors be liable to you or anyone else under any theory of liability (whether in
contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for loss of
revenues, profits, goodwill, use, data or other intangible losses (even if such parties were
advised of, knew of or should have known of the possibility of such damages), resulting
from the Visitor’s use (or the use of anyone using an account registered to the Visitor) of
the Platform or any parts thereof.
(b) By playing a Quiz sponsored by a Sponsor the Visitor agrees that any information
provided by the Visitor or collected by the Sponsor in connection with the Quiz may be
used by the Sponsor in accordance with their terms of use. Notwithstanding anything to
the contrary herein, the Visitor hereby irrevocably waives any right or remedy to seek
and/or obtain injunctive or other equitable relief or any order with respect to, and/or to
enjoin or restrain or otherwise impair in any manner, the production, distribution,
exhibition or other exploitation of any the Company or any of its affiliate or group
company related project, or the use, publication or dissemination of any advertising in
connection with such project.
18. FORCE MAJEURE
The Company shall not be liable for any failure to perform any of its obligations under this
Terms of Use or provide the Services or any part thereof if the performance is prevented,
hindered or delayed by a Force Majeure Event (defined below) and in such case its
obligations shall be suspended for so long as the Force Majeure Event continues.
"Force Majeure Event" means any event due to any cause beyond the reasonable control of
any Party, including, without limitation, unavailability of any communication system, breach
or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection,
war, acts of government.
19. SEVERABILITY
If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or
in part, such invalidity or unenforceability shall attach only to such provision or part of such
provision and the remaining part of such provision and all other provisions of this Terms of
Use shall continue to be in full force and effect.
20. NOTICES
(a) All notices and communications from the Visitor to the Company in relation to the
Platform and/or any of the Services (including those termination of any of the Services
etc.) shall be in writing. The Visitor shall be deemed to have been given a notice if sent
by an email or posted within the Platform.
(b) Notice shall be deemed to have been served 48 hours after it has been sent, dispatched,
displayed, as the case may be, unless, where notice has been sent by email, it comes to
the knowledge of the sending party, that the email address is invalid.
21. ENTIRE AGREEMENT
These Terms of Use along with the Privacy Policy of the App constitute the entire agreement
between the Company and the Visitor and supersedes and extinguishes all previous
agreements, promises, assurances, representations, warranties and undertakings, whether
written or oral.
22. COMMUNICATION BETWEEN US
(a) If you wish to contact us in writing, or if any condition in these Terms of Use requires
you to give us notice, you can send this to us by e-mail to help@getloconow.com or to
such e-mail address that may be communicated to you from time to time. We will
confirm receipt of this by contacting you in writing by e-mail.
(b) If we have to contact you or give you notice in writing, we will do so by in-App chat,
e-mail, or SMS to the mobile phone number or email address you provide to us in your
request for the App.
23. GOVERNING LAW
This Terms of Use shall be governed in accordance with the laws of India and any disputes
arising out of or in connection with these Terms of Use shall be subject to exclusive
jurisdiction of courts in Mumbai.
24. VERNACULAR DECLARATION
The Visitor hereby confirms and records that the contents of this Terms of Use have been read
out and explained to the satisfaction of the Visitor. The Visitor agrees to abide by the same at
all times.
