Terms & Condition

TERMS OF USE

1. Background

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

1.2. This document is published in accordance with the provisions of Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use for access or usage of our application Mount Gaming Studio(“Application”).

1.3. The Application is owned, registered and operated by Mount Gaming Studio(“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at Surat – 395004.

1.4. These terms of usage (“Terms of Use”) read along with the Privacy Policy constitute a legal and binding agreement between you and the Company and govern your use of the Application and the Services (as defined below) provided through the Application. By using the Application, or by using any content or information provided as part of the Application/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

1.5. For the purpose of these Terms of Use, wherever the context so requires "you", “your”, “user” or “customer” shall mean any natural or legal person who uses the Application for availing the Services. The term “we”, “us”, “our” shall mean the Company.

1.6. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Application and your continued use of the Application, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Application.

2. User Account

2.1. In order to access or use the Application, you must be “competent” to contract, as understood within the meaning of the Indian Contract Act, 1872. You may not use our Services if you are a minor. By agreeing to use our Services, you confirm that you are not a minor and are competent to contract as understood within the meaning of the Indian Contract Act, 1872. We shall not be responsible for any consequence that arises as a result of misuse of any kind of our products or Services that may occur by virtue of any user including a minor using the Services provided. By using the products or Services, we reserve the right to terminate your subscription and /or refuse to provide you with access to the Services if it is discovered that the consent to use the products or Services is not made by you, or if we find out that you are a minor, or any information provided by you is inaccurate. You may not access or use the Application and/or the Services if we have previously banned you from the Application or deactivated your account.

2.2. The Application requires you to register with us in order to avail the Services. You can register with us by signing up through Facebook, Google or by providing us your name and selecting a custom avatar.

2.3. The manner in which we collect, use, store or disclose your personal information and collected on the Application, if any, has been outlined in our Privacy Policy available here[GLA1] .

2.4. By using the products or Services you warrant that all the data provided by you while registering onto the Application is accurate and complete and that you have obtained the consent of parent/legal guardian (in case of minors).

3. Services

3.1. The Application is a mobile gaming platform operating within India that allows you to play game for free.

3.2. Access to and use of the Services shall be internet based. You will be responsible for setting up your own internet in order to access the Application and use the Services. In addition, you are also required to set up your own equipment to in order to access and use the Services and to download/listen/view the content made available as part of the Services. Under no circumstances shall the Company be responsible for any internet related issues faced by you.

3.3. You agree and acknowledge that we reserve the right to change or suspend any of the Services at any time, including but not limited to the nature of the Services offered, hours of availability, databases, hours of available and the software and/or hardware needed to access the Services. We also reserve the right to restrict any user from accessing the Application and/or availing the Services at our sole discretion.

4. Termination

4.1. The Company may terminate these Terms of Use immediately without notice in the event of any breach by you of these Terms of Use or any of our applicable policies, as posted on the Application from time to time or upon a misuse of the Services by you.

4.2. You may terminate these Terms of Use, for any or no reason, at any point in time. You acknowledge that for the Services already availed by you, these Terms of Use will continue to apply.

4.3. In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, and the provisions of this section.

4.4. You agree that upon the termination of these Terms of Use, we may delete all information related to you with respect to the Services availed by you.

5. Intellectual Property Rights

5.1. Copyright

5.1.1. All content included on the Application and delivered to users as part of the Services, including but not limited to the gameplay, text, articles, photographs, books, images, illustrations, info-graphics, video material, audio material, and software used on or incorporated into the Application, is the property of the Company, and is protected by the applicable intellectual property laws. The compilation of all content on this Application is the exclusive property of the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if we, in our sole and absolute discretion, believe that you are in violation of this clause.

5.1.2. The Company’s content available on or via the Application, are provided to you “as is” for your enjoyment and gameplay and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights, not expressly granted in and to the Application and the Services.

5.2. Trademarks

Mount Gaming Studio is the trademark of the Company. The Application, including, but not limited to its text, graphics, logos, along with the button icons, images, scripts and service names constitute trademarks/trade dress of the Company. The trademarks and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among users or potential users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.

6. Limitation and Disclaimer of Warranty

6.1. The Application, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, we disclaim all warranties, express or implied, with respect to the Application and the Services and each portion thereof, including, but not limited to, the gameplay, audio content, and any other content available on the Application. We also make no representations or warranties that the content made available on the Application will meet your requirements and/or your access to and use of the Services will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.

For the purpose of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.

6.2. Under no circumstances shall the Company or any others involved in creating this Application and its contents be liable for any damages or injury, including any direct, indirect, incidental, special, consequential, punitive or other damages resulting from any circumstance involving this Application or its contents (including but not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, misdirected or redirected transmissions, failed internet connections, unauthorized use of this Application, lost data, delay in operation or transmission, breach of security, line failure, defamatory, offensive or illegal conduct of any user of this Application, or computer virus, worm, trojan horse or other harmful component), even if you have advised the Company in advance of the possibility of such damage.

6.3. If You are dissatisfied or harmed by this Application or anything related to the Application, you may terminate this Terms of Use in accordance with Clause 8 below.

6.4. The Company does not guarantee that the Application will function without interruption or errors in functioning. In particular, the operation of the Application may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Application due to the above-mentioned reasons, the Company shall inform the user of the same, and the Company disclaims all liability with respect to delay in provision of Services due to the same.

7. Indemnification

You agree to indemnify, defend and hold harmless the Company, and our affiliates, officers, partners, employees, consultants and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of: (a) your failure to comply with these Terms of Use; or (b) where any information you submit, email, or otherwise transmit to us violates third party rights or Applicable Laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

8. Severability

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

9. General

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Company in respect of the Application and supersedes all previous written and oral agreements between you and the Company, if any. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

10. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. The courts in Surat, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.