WRAP-UP AGREEMENT WITH PLAYERS
Effective from the date of registration by Player for the Event
1. Background and Acceptance
The Terms of this Agreement (hereinafter referred to as “Terms”) contain the legal conditions under which Tribal Arenas Inc (hereinafter referred to as “Company”) will grant the Player (“you”, “your”, “their”, “Player”) a limited, revocable, non-exclusive, non-transferable, and a non-sublicensable right to use the Company’s website, which includes but is not limited to, all various websites and applications (Including Bots) developed by the Company, for registering for the Events/ tournaments (hereinafter referred to as “Events”) organized on Company’s website for which the Player has registered and fully paid up the registration fee (if any) and to access their registered Events on Company’s website (hereinafter collectively referred to as “Services”) for your personal and non-commercial use.
By registering or playing any Event organized on Company’s website, you are confirming that you have accepted the Terms. You agree that, once the Terms have been accepted by you, they are legally enforceable just like any written agreement that is signed by you.
2.1 Bots as referred to in these Terms are social media applications and other automated Services operated by the Company on different social community pages including but not limited to Discord and Telegram. It is clarified that the list of social community pages is only illustrative and not exhaustive.
2.2 Game Profile includes but is not limited to, the screenshot of their gaming profile related to the game they are registering for, their Unique Identification Number (UID), In Game Name (IGN).
2.3 Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of the website, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by the website, formulas, in-house software’s, VPN etc. Intellectual Property of the website also extends to the content made available to its Players.
2.4 Leaderboard means and includes a score board generated by the Company after the completion of an Event.
2.5 Minor shall mean any person below the age of 18 years or the age of majority as defined in your country of residence respectively.
2.6 Organizer includes but is not limited to gaming companies, or third-party service providers hosting Events on Company’s website.
2.7 Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used, or stored by the Company which is sufficient to identify the individual.
2.8 Player includes but is not limited to person, Squads accessing or using the website or any of the Services provided on the website.
2.10 Services include registering for the Events organized on the Company’s website for which the Player has registered and fully paid up the registration fee (if any) to access their registered Events on Company’s website.
2.11 Spamming shall include but not be limited to sending unsolicited emails and messages from time to time to players.
2.12 Squads is a group/ team of two or more Players collectively registering for the Events and accessing their registered Events on Company’s website.
2.14 Third Party shall mean and include, gaming platforms, associations, third-party websites and social community pages including but not limited to Discord and Telegram or any other entity whose facilities are being utilized by the website to provide Services to the Players.
3. Registration for Events
3.1 The Player interacts with the Bots operated by the Company on various social community pages, including but not limited to Discord and Telegram. The Bot will at this time create a basic gamer profile of the Player based on the public information which includes but is not limited to, the age, gender, etc. provided on the Player’s respective social community page.
3.2 The Player will then register for the Events on the Company’s website. Players are required to accurately provide the following information:
State of residence including Country
Date of Birth
Know your Customer (KYC) Details
3.3 The Game Profile of the Player includes but is not limited to, a screenshot of their gaming profile related to the game they are registering for. This screenshot will be used by the Company to extract information about the Player, including but not limited to, their game name, unique player ID from the Events, and the Player’s gamer level.
3.4 The Player agrees and acknowledges that the Game Profile is provided voluntarily, without coercion in furtherance of the purpose of this Agreement. The Player shall be solely responsible for the Game Profile provided to the Company at the time of registration for the Event and shall indemnify the Company in case of any violation in this regard.
3.5 In case the Player wishes to create Squads with his/ her team mates, the Player shall provide the following information in addition to the information mentioned above:
Contact Information of the Squad members, and
Game Profile of Squad members
3.6 After the completion of the registration process by the Player, the Player will be able to access their registered Events on the Company’s website or through their social media accounts on the social media community page(s).
3.7 The registration of the Player shall remain valid for the duration of that particular Event for which the Player has registered and shall lapse post the said period unless renewed upon payment of the registration fee for another Event.
3.8 Registration of the Player for an Event implies acceptance of the rules and regulations of that particular Event, including but not limited to, information relating to the conduct of the Event, date and time of the Event, payment terms, rewards offered for the winners of the Event.
4. Charges for Registration
4.1 The Player is required to pay the registration fee for entering into any Event as per the payment terms mentioned in the rules and regulations circulated for that particular Event by the Organizer of the Event. It is clarified that the registration will be deemed complete only after the registration fee is paid by the Player.
4.2 The registration fee can be paid through Debit/ Credit Card, UPI including Google Pay, Phone Pay, PayPal and Paytm, etc.
4.3 The fee paid by the Player at the time of registration shall be non-refundable, except in circumstances mentioned in clause 4.4.
4.4 The Organizer of the Event shall be responsible for refunding the registration fee to the Player in the following events:
4.4.1 In case where the spots for the registration for any Event is filled; process, spots in that particular event are filled or
4.4.2 In case the Player erroneously remits the payment in excess of the registration fees.
It is clarified that such payment shall be processed within 7 (seven) – 10 (ten) business days.
5. Rules governing the Events
5.1 The Organizer hosting/ organizing the Event on Company’s website shall be responsible for circulating the rules and regulations for that particular Event.
5.2 The rules and regulations of the Event shall be circulated once the Player completes the registration process.
5.3 The rules and regulations of the Event shall, include but not be limited to, information relating to the manner in which the Even will be hosted, the date and time of the Event, payment terms, and rewards offered for the winners of the Event. It is clarified that additional rules, including but not limited to, the manner in which the game is to be played, the time limit for the game, etc. may be circulated before the start of the game.
5.4 Registration for Events will be on first come first serve basis.
6. Player Obligations
6.1 Player agrees to provide true, accurate, current and complete information and a Game Profile at the time of registration and at all other times as may be required by the Company. Player further agrees to update and maintain their registration information provided to the Company.
6.2 Player agrees not to hire/ engage any other person to participate in the Event on his/her behalf.
6.3 Player agrees not to use cheat codes, software, bots, hacks, or any unauthorized Third-Party software designed to modify or interfere with the Company’s Services, or assist in such activity or engage in any fraudulent, unethical, or unwanted activity in breach of the Terms of this Agreement.,
6.4 Player agrees not to copy, modify, assign, reverse engineer, or otherwise transfer any right to the technology or software underlying the Company.
6.5 Unauthorized access to the Company’s website is a breach of the Terms, and a violation of the law. Player agrees not to access the website by any means other than through the interface that is provided by the Company for use in accessing its website.
6.6 The Player is provided with the rules and regulations governing the Event at the time of registration is completed or prior to the start of every Event and the Player shall abide by the rules and regulations of the Event.
6.7 Player agrees not to falsify their own PII, including but not limited to, name, email ID, address, Bank account details, and/ or any other information as may be requested by the Company.
6.8 The Player agrees to not engage in any type of financial fraud or misrepresentation including unauthorized use of credit/ debit instruments, payment wallet account, etc. to register. It is expressly clarified that the onus to prove otherwise shall solely lie with the Player.
6.9 The Player agrees to not to use automated means, including but not limited to, harnessing bots, robots, parsers, to obtain, collect or access any information on the website or of any other Player for any purpose.
6.10 The Player agrees to not collude with any other Players or engage in any type of syndicate policy.
6.11 The Player agrees to not obtain other Player's information without their express consent and/ or knowledge, and/ or spamming other Players.
6.12 The Player agrees not to abuse or use derogatory language against the Company on social media platforms, including but not limited to, Facebook, Twitter, Discord, and Instagram in respect of any results of the Event announced by the Company. Such abusive conduct/ language shall, include but is not limited to, the use of unparliamentarily language, disrespectful slang, or words.
7.1 If the Player wins any pre-determined reward offered with the Event, the Player can log in to the Company’s website to claim any such rewards. The Player will be required to reconfirm the personal information provided at the time of registration, if required, including but not limited to, their name, number, e-mail address, and Bank/ UPI details. The processing of rewards is subject to the submission of this information and additional security and verification procedures conducted by the Company for fraud prevention. The processing of rewards for the Event shall be handled by the Organizer of the Event.
7.2 In cases where the pre-determined rewards are in the form of cash prizes, the reward shall be subject to deduction of applicable government taxes, including but not limited to, TDS.
7.3 The Player undertakes to not challenge the pre-determined amount of the reward.
7.4 The rewards are non-exchangeable and non-transferable.
7.5 The Player may relinquish the reward by sending an email to firstname.lastname@example.org Such relinquishment will, however, disentitle the Player to make any other claim against the Company for the reward on the basis of the Leader Board displaying the names of the winners.
8. Challenge against Events results
8.1 After the Event is concluded, the Player receives their score in the Event and their overall position in the Event and after processing by the Company, a Leader Board is generated. In case the Player is in disagreement with the results of the Event, the Player may convey the same to the Company by raising dispute within the time period as provided in the rules of the Event after the generation of the Leader Board.
8.2 It is clarified that any claim or disagreement made after the expiry of the prescribed time in the rules of the Event after the generation of Leader Board shall not be entertained and the results as declared in the Leader Board shall be final and binding.
8.3 Any dispute against the Event results shall be handled by the Organizer of the Event.
9. Suspension/ deactivation of Player’s access to Events
9.2 If the Company deems fit, the access of a Player to the Events and/ or Services once suspended shall not be re-activated.
9.3 Any loss or damage arising to the Company from such breach committed by the Player shall be indemnified to the fullest extent by the Player to the Company. In case payment of monetary damages is deemed adequate remedy in company’s opinion, the Player undertakes to pay the Company, which shall not forestall the obtaining of any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies the Company may have in law or equity.
10.2 All rights, title, and interest in and to the Services, according to the provisions set on the Terms are and will remain in the exclusive property of the Company. Services are protected by copyright, trademarks, and other applicable laws. Nothing in the Terms gives Players any rights to use the Company’s name or any of the Company’s trademarks, logos, domains, properties, and other distinctive brand features.
10.3 The Company may suspend or terminate Player’s access to all or part of the Services at any time for any reason, including but not limited to, if there is a reasonable belief that such Player has violated the Terms, or created risk or possible legal exposure; or if at its own discretion the provision of the Service is no longer commercially or technically available.
10.4 Each of the suspensions below applies to the maximum extent permitted under the applicable law. Nothing in this clause is intended to limit any rights of the Player which may not be lawfully limited.
10.4.1 The Company and all the content and Services provided on the website are provided on an "as is" and “as available” basis.
10.4.2 The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
10.4.3 Company makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) The website or the Service will meet Player’s requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any Services offered through the Company will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Company’s website will meet your expectations.
11. Third Party Sites, Services, and Products
11.1 Player agrees and acknowledges that for providing or completion of the Service, the Company may facilitate provisions of Third-Party products or services or redirect the Player to such Third-party application and website. In order to use these Third-Party products and services, the Player may need to accept additional terms and conditions and meet additional requirements as specified on their website.
11.3 The Company does not exercise control over any Third-party websites and does not warrant any use thereof. The Player agrees that the Company is not responsible or liable in any way with respect to the contents of the Third-party websites.
11.4 The Player shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such Third Parties. Any questions, complaints or claims related to any Third-Party product or service should be directed to the appropriate Third Party.
11.5 The Player’s interaction with any Third Party accessed through the website is at your own risk, and the Company shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Third Party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Third Party.
12. Limitations of Liability
12.1 Players shall access the Company’s website voluntarily and at their own risk. The Company shall, under no circumstances be held responsible or liable on account of any loss or damage sustained by the Player or by any other person or entity during the course of access to the Company’s website including but not restricted to participation in any Event.
12.2 The Company accepts no liability, whether jointly or severally for any errors or omissions, whether on behalf of itself or third parties in relation to the results of Events or in relation to the rewards. The Company reserves the right to do additional security and verification checks before processing the rewards to the Player.
12.3 Players shall be solely responsible for any consequences which may arise due to their access to the Company’s website by conducting any illegal activity or due to non-conformity with these Terms and other rules and regulations in relation to the Services provided by the Company, including the provision of incorrect address or other personal details.
12.4 The Player warrants that all the details and information provided at the time of registration by the Player to the Company or its directors, employees, associates, partners, or suppliers while using the website shall be correct, accurate, and genuine.
13.1 The Player agrees and authorizes the Company to use, share, store their information, profile picture with its group companies, vendors, service providers and other Third Parties, in so far as required for receiving information about the Player, for marketing purposes/offering/cross-selling various products and Services and/or to provide the Player with various value-added Services, in association with the Services selected by the Player or generally otherwise.
13.2 The Player agrees and authorizes the Company to use, share, and store the information related to other Players participating in Squad Events, their Events IDs, and all other information required for the purpose of registration and servicing of the Events.
13.3 The Player agrees and authorizes the Company to carry out a due diligence process as required under Know Your Customer “KYC” guidelines and that the Player would be required to provide complete personally identifiable information in accordance with the guidelines issued by any regulator/government authorities/agencies from time to time and at the time of processing any rewards in favor of the Player.
14.1 By registering, participating in the Events, and accessing the Company’s website, the Player hereby release from and agrees to indemnify the Company, and/ or any of its directors, employees, partners, associates, and licensors, from and against all liability, cost, loss or expense arising out of their access to Company’s website, including but not limited to, personal injury and damage to property and direct, indirect, consequential, foreseeable, or due to some negligent act or omission on their part or otherwise.
14.2 Players shall indemnify, defend, and hold the Company harmless from any Third Party/ entity/ organization claims arising from or related to such Player’s engagement with the Company or participation in any Events. In no event shall the Company be liable to any Player for acts or omissions arising out of or related to Player’s engagement with the Company or his/ her participation in any Events.
14.3 The Player agrees to indemnify the Company or its directors, employees, associates, partners, or suppliers for all the liabilities (including claims, damages, suits, or legal expenses in defending itself in relation to the foregoing) arising due to (i) any incorrect information/ profile picture uploaded by the Player while registering for the Events on Company’s website, (ii) use or misuse of the website (iii) non-performance and/or non- observance of the duties and obligations under these Terms or due to Player’s acts or omissions (iv) any act, neglect, misconduct or fraud on Player’s part.
15. Intellectual Property
15.1 For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 2.3.
15.2 The Company’s website includes a combination of content created by the Company, its partners, affiliates, licensors, and associates. The intellectual property rights in all software underlying the Company and material published on Company’s website, including but not limited to, Events, contests, software, advertisements, photographs, graphics, images, illustrations, marks, logos, audio, or visual clippings and Flash animation, owned by the Company, its partners, affiliates, licensors, and/ or associates. Players may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivate works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content, either in whole or in part without express license from the Company.
15.3 The Player acknowledges and agrees that all Intellectual Property Rights including trademarks and logos of the Company and the website shall vest in the Company and the Player shall not indulge in any act that construes that such trademarks and logos of the Company belong to the Player.
15.4 The Player acknowledges and agrees that the Company owns all rights, title and interest in the Services provided on the Company’s website, including the Intellectual Property in the Services and the graphics, programming code thereto, description, photographs, etc. created for the Player shall solely vest with the Company.
15.5 Access or use of the Company’s website does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.
15.6 The Player agrees and acknowledges that the use/ access of the Services does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the website.
15.7 The Player agrees and acknowledges that the Player does not have the right to use Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
15.8 The Player agrees and acknowledges that the Player does not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Company’s website.
15.9 The Player agrees and acknowledges that the Player shall not use the website or its contents for any commercial purpose or make any speculative, false, or fraudulent transaction.
15.10 Players are solely responsible for all materials that they upload, e-mail, transmit, or otherwise make available on the Company’s website. Each Player represents and warrants that he/ she owns all Intellectual property rights in the Player’s content and that no part of the Player’s content infringes any Third-Party rights. Players further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any Third Party on the Company’s website. Players agree to indemnify and hold harmless the Company, its directors, employees, affiliates, and assigns against all damages, costs, loss, and harm including litigation costs and counsel fees, in respect of any Third Party claims that may be initiated for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of the Company, by such Player or through the Player’s commissions or omissions.
16. Force Majeure
If the whole or any part of the performance of the Events are prevented, hindered or delayed by a Force Majeure event (as defined below), the Company shall not be liable for any failure to perform any of its obligations under these Terms or those applicable specifically to its services/facilities, 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 the Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, pandemic, acts of government, lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
17.1 The Player acknowledges that in the course of his/ her relationship with the Company and in using its website, the Player may obtain information relating to the Company (“Proprietary Information”). Such Proprietary Information shall belong solely to the Company and includes, but is not limited to, the features and mode of operation of the website, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data.
17.2 In regard to this Proprietary Information: (i) the Player shall not use except as expressly authorized by these Terms or disclose Proprietary Information without the prior written consent of the Company unless such Proprietary Information becomes generally publicly available without the Player’s breach of these Terms; (ii) the Player agrees to take reasonable measures to maintain the Proprietary Information and Services in confidence.
18. Dispute Resolution
The courts of competent jurisdiction in United States of America shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the services provided by the Company, the construction, validity, interpretation and enforceability of the Terms, or the rights and obligations of the Players.