Terms of Service

Last Updated: 25/03/2020 (Version 1.1)

Welcome to Gamesapp, a mobile gaming platform offered by Xogo Tech Pvt Ltd., a company incorporated under Indian law, having its registered office at A1-701, Palm Grove Heights, Ardee City, Sector 52,, Gurugram, Haryana 122011, hereinafter referred to as “Gamesapp” , ”we”, ”us”, or “Company”.


Gamesapp provides a mobile gaming platform on which we will offer multiple skill-based games, which may be played for real money (“Games”), among other features.


The individual intending to use or using our Games, is hereinafter referred to as “Customer”, “User”, “you”, “him/her”, or “they”.


By using the Gamesapp mobile application or website (“App”) and the Games, you hereby agree to these Terms of Use, the Privacy Policy ( https://www.gamesapp.com/privacy-policy.html ), and other disclaimers and terms published on the App (together referred to as “Terms”). These Terms constitute a valid and binding agreement between Gamesapp and you, and govern your use of the App and the provision of the Games and App.


Further, by visiting, accessing and using the App or the Games:

Updates / Modifications to the Terms

Content

You provide Gamesapp with the necessary rights and license pertaining to any documents, information or data, or files submitted by you to its App needed in order to enable Gamesapp to provide its Games to you (“Content”). Necessary rights include but are not limited to copying, storing, extracting data, verifying, and/or sharing Content as further set out in accordance with the Privacy Policy and/or applicable laws of the land.

User Registration

The Games are offered exclusively to registered Users and are not open to unregistered users.

When you register an account on the App:



If you have any security related concerns, please contact our Support team at privacy@gamesapp.com.

Use of the App

You should not use the App or the Games:



When you use the App, including but not limited to its ‘Match-Up’ feature, you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content, through the App, that:

Rights & Responsibilities of Gamesapp

Intellectual Property Rights



The User agrees not to represent Gamesapp, the App and/or the Games to be his/her/its own product or services or brand or intellectual property and technology.

Trademarks

"Gamesapp", the Gamesapp logo, “MatchUp”, the Matchup logo, “Matchup Games” and any other product or service name or slogan displayed on our App and/or Games are trademarks, whether registered or unregistered, of Xogo Tech Pvt Ltd., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Xogo Tech Pvt Ltd. In addition, the look and feel of our Games and Match-Up feature, including all page headers, custom graphics, button icons and scripts, and software features, are the service mark, trademark and/or trade dress of Gamesapp and may not be copied, imitated or used, in whole or in part, without our prior written permission. All third party trademarks, registered trademarks, product names and company names or logos mentioned in our Games are the property of their respective owners. Reference to any products, services, processes, trade name, trademark, or other information of a third party does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Links and Third Party Content

Our App may display, or contain links to, third party information, products, services, and websites. Any opinions, advice, statements, services, data feeds, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our App, or which is accessible through or may be located using our App (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives. We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Games, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our App and Games.

Chat Features and ‘Match-Up’

Payment Terms

Confidential Information

You acknowledge and agree that certain information available on the App may be designated as confidential by Gamesapp and you will not disclose such confidential information to any third party, without having obtained prior written consent / authorisation from Gamesapp.

Privacy Policy

Gamesapp may collect, store, use, process and transfer to third parties information provided by you at the time of registration of your User account, or during the course of your use of the App or provision of the Games, including your personal information that shall be governed by the applicable data protection laws and the Privacy Policy.


For more information on the security measures and systems that Gamesapp has in place for the protection of personal Information collected from you on the App, kindly refer to our Privacy Policy. The Privacy Policy shall be made available by the Company for the User’s perusal at https://www.gamesapp.com/privacy-policy.html. Your acceptance of these Terms, and use of the App, shall be deemed to constitute your acceptance of the terms of the Privacy Policy.

Representation, Warranties and Covenants

User Account Suspension and Deactivation

There may be circumstances wherein Gamesapp will be required to suspend the User account which will prevent you from accessing and utilising the App. In such events, Gamesapp may also be required to supply relevant User details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. These actions will be taken in the event Gamesapp has any reason to believe that your User account may be used for, including but not limited to, the following activities:

If investigations are ongoing and unresolved issues remain, then Gamesapp will continue to suspend the User account.

Gamesapp reserves the right to suspend your User account at any time for any reason. Gamesapp also reserves the right to initiate appropriate civil or criminal action against you in the event of violation of these Terms or applicable laws.

Upon suspension of your User account, regardless of the reason(s), your right to use the App and immediately ceases. Gamesapp shall not be liable to you or any third party for any claims or damages arising out of any suspension of your User account or any other actions taken in connection with such account suspension.

You may deactivate your User account at any time by selecting “Deactivate User Account” on the settings page. You may also deactivate your User account by writing to Gamesapp at privacy@gamesapp.com. Should you wish to resume using the App, you will be required to reactivate the existing account at any time by re- registration link on the home page or writing to Gamesapp at privacy@gamesapp.com.

Liability Disclaimer

We exclude all representations and warranties relating to the App including content therein. Gamesapp disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the App and content on the App; (ii) third party products or services advertised on or received through any links or other sources provided on the App; (iii) any information, content or advice received through third party sites or links provided on the App. Gamesapp makes no warranty or representation that any errors in the App will be corrected.


You agree that use of the App is at your sole discretion. Gamesapp is not responsible for any consequences arising out your use of the App, or your breach of these Terms.


The App is provided on a “AS IS” and “AS AVAILABLE” basis. Neither Gamesapp nor any third party service providers are liable for any network, technical or other operational difficulties or problems which may result in loss of your data, monetary loss, personalisation settings or other interruptions in the features offered on the App. Neither Gamesapp nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the App, content on the App or your personalisation and / or User account settings.

Limitation of Liability

To the fullest extent permitted by law, Gamesapp is not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the App or the Games, even if Gamesapp has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to:

(a) the use of or the inability to use the App or the Games;

(b) conduct of any User on the App;

(c) unauthorized access to or alteration of transmissions or data;

(d) malicious or criminal behaviour, or false or fraudulent transactions;

(e) technical or other operational lapses on the App; or

(f) incomplete or inaccurate declarations or information by the User; or

(g) government action against the User. In any event, and without prejudice to the foregoing, the liability of Gamesapp arising out of the Agreement shall not exceed INR 10,000.

Indemnity

You agree to defend, hold harmless and indemnify Gamesapp and the licensors, subsidiaries, associates, affiliates and partners of Gamesapp from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with

(a) your use of the App and the Games; or

(b) your breach of any provision of the Terms, including but not limited to false or incomplete declarations or information; or

(c) or any fraud, negligence, wilful misconduct or intentional wrongdoing on your part.


You shall not settle or compromise any such matter without our prior written consent. Gamesapp shall be entitled to participate in such defence through our own counsel at your cost and expense.

Feedback

FeedbackWe may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Games ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Games. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

Miscellaneous

Contacting Us

If You have any questions or concerns regarding the Terms of Use or for any technical support, please contact Us at privacy@gamesapp.com.