These terms and conditions of use (“Terms of Use”) along with other policies available on our platform, forms a legally binding agreement between Persons who visit or use the Platform, and/or any third party interacting with Us, directly or indirectly in official capacity or having/intending to have business or commercial relationships with Us, whatsoever (the “Users”, “You” or “Your”) and Mayhem Studios India Private Limited (“Mayhem Studios”, “We”, “Our”, “Us”) .

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR APPLICATION By registering on, browsing, downloading, using or accessing any part of the Platform or utilizing the services, the Users agree to be bound by this Agreement.

If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from using Our services. Only people of India, who are of sound mind and are above 18 years of age may use this Platform. Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to enter into this Agreement.

Your use of this Platform is completely at Your own risk. We disclaim all warranties in relation to the Platform. To understand more please refer to Our Disclaimer section.

Any dispute between You and Us will be resolved with Our Governing Law and Dispute Resolution section. You may not use the Platform in ways stated in Our Restrictions section. You will indemnify Us in the event We suffer any losses on account of Your use of Our Platform or Your failure to abide by this Agreement.

Introduction

Mayhem Studios India Private Limited (“Mayhem Studios”, “We”, “Our”, “Us”) is an Indian company incorporated under the Companies Act, 2013, which is engaged in developing video games, AAA title games, development of Intellectual Property for entertainment purpose and running an esports platform and other promotional and interactive features (collectively “Services”) through its website (“www.Mayhem-Studios.com”), mobile applications (“Applications”), partner websites, mobile applications and other portals (collectively, the “Platform”).

Capitalized terms used herein but not defined shall have the meanings ascribed to them under section (Definitions and Interpretation) of this Agreement.

Circumstances under which Your access to the Platform or this Agreement may be terminated are stated in the Termination section.

We reserve the right to periodically review, update, change or replace any part of these Terms of Use or other terms of the Agreement as We may consider appropriate at Our sole and absolute discretion. Any changes to these Terms will be posted on this page wherever appropriate.

The Users must visit this page periodically for updates on the Terms of Use applicable to their use of the Platform. Any Users’ continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such changes.

Definitions

“Agreement” shall mean these Terms of Use, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by Us. This Agreement is published in accordance with the Applicable Laws. This Agreement is an electronic record generated by a computer system and does not require any physical or digital signatures.

“Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.

“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.

Interpretation

Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.

Headings and captions are used for convenience only and not for interpretation of the Agreement. Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.

Accessing the Platform and services

Our Platform and services are accessible for 24 hours a day throughout the whole year. However, the accessibility is subject to Us stopping the Service, in whole or in part, for any period that we deem appropriate to enable the update or technical maintenance of the Service, or any other action that We determine in Our sole discretion. We may make amendments or restrict access (including cancellation, termination, modification or suspension of Your Account or license) from all or specific Users without notice. Additionally, Our Platform and services may be unavailable depending on geographic location.

Nature and use of the Platform

You may register on the Platform by approving and agreeing to this Agreement and signing up on the Application, and an account will be created for You (“Account”).

Certain services being provided on the Platform may be subject to additional conditions or rules applicable to such offering in that respect (“Special Terms”). Such Special Terms are deemed to be incorporated herein by reference. Users must agree to these Special Terms before accessing such offerings on the Platform. To the extent that these Terms of Use are inconsistent with Special Terms, the Special Terms shall prevail.

You shall access the Platform and create an Account for Your personal use only. You shall not impersonate someone else. By creating an Account or otherwise sharing any Personal Information, such as, after providing a mobile phone number, You represent, warrant, and agree that You are authorized to use the Platform and will abide by the Agreement.

We reserve the right to terminate any User’s Account and/or deny access to the Platform if it is brought to Our notice that a particular User has violated the Agreement.

Restrictions on Platform usage

You will not use the Platform, or any content provided thereof:

• for any purpose that is illegal, unlawful or prohibited by this Agreement or under Applicable Law; or
• to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the User does not have any right to; or
• or is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging; or
• is otherwise unlawful in any manner whatsoever; or
• that harms minors in any way; or
• or that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Law for the time being in force; or
• that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
• which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
• that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens critical information infrastructure.

You will not attempt to or engage in any activity that may:

• reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Us to You in writing or is required by the Applicable Law;
• use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
• collect information about Users for any illegal or unlawful purpose;
• create any Account by automated means or under false or fraudulent pretences for using the Platform;
• transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
• use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform;
• carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Platform;
• forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform;
• obtain any materials or information through any means not intentionally made available, in the opinion of MPL, through the Platform;
• impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees;
• circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform; and/or
• redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without Our permission.

If We detect any activity from Your User Account that is fraudulent, suspected to be defrauding the Platform, in any manner, then You shall be debarred from engaging with the Platform.

We reserve the right to deactivate or delete Your Account and all related information on it and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from Your Account on the Platform.

Intellectual Property

You agree and acknowledge that all rights, title, and interest, including intellectual property rights in and connected with Our Platform and service and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) (the “IP”), are owned by Us or Our licensors. We do not provide You with any interest in the IP. Except as expressly authorized by Us in writing, You may not create works based on the IP or modify, distribute, or transmit it. If You do not abide by the requirements of this section, we shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Platform or services, or, in the alternative, have an unlimited license thereto.

Safety precaution and responsible gaming

By using the Platform You understand and agree that:

• You will be respectful towards Your peer users. We do not encourage any unruly or abusive behavior or illegal activities and You shall not indulge in the same directly or indirectly.
• The Platform and its content may have graphic violence, explicit language, and hatred, which may be too intense for some viewers and User discretion is advised.
• Opinions expressed in the Platform and its content do not necessarily reflect Our views and user discretion is advised.
• Engaging with the Platform shall be at Your own risk and We shall not be liable to You or any other third party, now or hereinafter, for any death, injury, health or other complications resulting from Your use of the Platform.
• We suggest that Users adopt a balanced approach while engaging with the Platform and safeguard themselves against any adverse effects. It is Your responsibility to control Your surroundings and movements at all times when engaging with the Platform and to ensure that You don’t injure Yourself, any other persons, damage any property etc.

Termination

Your access to the Platform may be terminated if:

• You voluntarily uninstall the Platform from Your device;
• You knowingly or unknowingly cause direct or indirect breach, as ascertained by Us, of these Terms of Use or Privacy Policy as a whole or in part.

We may have to terminate Your access to the Platform if:

• We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);
• The third-party Person, if any, with whom We offered the Platform to You has terminated the relationship with Us or ceased to offer the related services to Us or to You;
• The provision of Platform to You, is no longer commercially viable or feasible for Us; or
• You are a repeat infringer of this Agreement.

We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform.

You may terminate this Agreement at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Agreement shall continue to prevail even on such termination.

When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and We have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

Privacy

Our privacy policy is available at www.mayhem-studios.com/privacy-policy.html sets out how We may use Your information and associated terms . By visiting the Platform and/or creating an Account on the Platform, You grant Us and Our group companies your irrevocable and informed consent to use your information as set out in these Terms of Use including the Privacy Policy for advertisements, promotions, offers, and any other sponsored content that We and Our group companies may display on the Platform or any other marketing channels, including digital channels, television, print and publication, without requiring any further consent from You and without being required to pay any compensation to You. You further grant Us an exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works from Your information.

You understand, represent and accept that Your information or any related materials will not violate the rights of any third party rights or give rise to any claim that another party’s rights have been or will be violated as a result of Our use or publication of Your information.

You understand and agree that You will be liable to Us for any damage or cost (including reasonable attorney fees) We may suffer arising out of Our use of Your information. You also understand that you will not be entitled to receive any royalties for the use of your information by or through Us.

You understand and grant to Us, our subsidiaries, affiliates, successors and those acting with Our authority, with respect to Your information all copyrights and derivative rights in Your information and a non-exclusive, perpetual right to use, publish, re-publish or reproduce Your information by any means We see fit for the purposes stated above. By using the Platform, you irrevocably waive any claim against Us relating to the use of Your information and promise not to bring any such claim or action in the future. You also waive any right to inspect, modify, approve or disapprove the content, layout, representation, presentation or other aspect of Your information as recorded by Us during Your use of the Platform.

Force Majeure

We shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of using the services offered on the Platform. A Force Majeure Event is a real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network or any other beyond beyond Our control that affects Our ability to offer the services and/or Our Platform, thereby hindering, delaying or complicating the maintenance of the Platform that shall entitle Us to suspend or limit the Platform until further notice.

Restriction of liability

We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents available through the Website or App and expressly disclaims liability for errors and omissions in the contents available through the Website or App.

No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents available through the Website or App or its links to other internet resources as may be available to Your through the Website or App.

Reference in the Website or Application to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Us.

If You have questions or concerns, feel free to email Us or to correspond at legal@mayhem-studios.com and We will attempt to address Your concerns.

Limitation of Liability; Indemnity

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES AND SUBSIDIARIES, AND, AS APPLICABLE, THE LICENSORS, WILL NOT BE LIABLE IN ANY WAY FOR ANY:

• LOSS OF PROFITS; (ii) LOST REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; OR
• ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, THE DOCUMENTATION OR THE SERVICES, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Except as set out elsewhere in these Terms we will not be liable to you or to any other person. Neither will We be responsible for any damage or loss caused to You where such loss or damage is not reasonably foreseeable to You and Us when You use the Platform or service, including where the loss or damage results from Our breach of these Terms of Use.

We do not accept any responsibility for:

• any failure, any suspension and/or any termination of access to the Platform or service or any content in connection with or arising out of a force majeure event, and/or
• any claims brought against you by a third party except as stated in these Terms of Use.

Inadequacy of damages

Without prejudice to any other rights or remedies that We may have, You acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms of Use by You, since We would suffer irreparable losses if You breach these Terms. Accordingly, You agree that We shall be entitled to the remedies of an injunction, specific performance or any other equitable remedy, in addition to any other remedies available to it under the applicable law. For the avoidance of doubt, We shall be entitled to an injunction, specific performance or any other equitable remedy without bond, other security or proof of losses.

You agree that You will defend, protect, indemnify and hold harmless Us, our partners, affiliates, contractors, licensors, officers, directors, employees, from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorneys’ fees) arising directly or indirectly out of or in conjunction with Your acts or omissions including use, or misuse of the Platform or service and breach by You of these Terms.

Governing Law and Jurisdiction

These Terms of Use shall be governed by Indian laws. All claims, and disputes, relating to and arising out of it shall be subject to exclusive jurisdiction of the courts at Bangalore, Karnataka. Any dispute between You and Us will be resolved by way of arbitration which will be conducted in Bangalore by a sole arbitrator appointed by Us.

If any part of this Terms of Use is found to be invalid, that invalidity shall not affect the remainder of the Terms of Use.

Grievance Redressal

In case You have any grievance pertaining to

• Platform, its content, peer User that you believe violates these Terms of Use
• Your access to the Platform or
• any content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf You are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to legal@mayhem-studios.com.

In the grievance complaint, please include the following information:

• Your name, contact number and email address;
• Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
• The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorized to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
• The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorized to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
• The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorized to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;

On receiving such a complaint, grievance or notice, We reserve the right to investigate and/or take such action as the We may deem appropriate. The timeline for the redressal would be in accordance with the statutory timelines mentioned under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended. We may reach out to You to seek further clarification or assistance with the investigation, or verify the statements made by You, and You acknowledge that Your timely assistance with the investigation would facilitate the redressal of the same.

The particulars of Our Grievance Redressal Officer are:

The particulars of Our Grievance Redressal Officer are:

Office Hours: 11 am – 7 pm IST

Address: Mayhem Studios India Private Limited. 01st floor, Sakti Statesman, Iblur, Bellandur, Bangalore- 560103

The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and rules therein and the Consumer Protection Act, 2019, and the Rules enacted under those laws.

We reserve the right to replace the Grievance Redressal Officer at Our sole discretion through publication of the name and title of such replacement on the Website, which replacement shall come into effect immediately upon publication.

Special terms for Beta Games

From time to time, We may provide games in “beta,” or any other in-development release form (such games hereinafter referred to as “Beta Games”).

By playing a Beta Game, you agree and acknowledge that:

• any Beta Game is still in development, unfinished, and may have bugs, and that such Beta Game may not work as intended or at all;
• technical support may be offered by Us at Our sole discretion, however, We have no obligation to provide any support in connection with the Beta Game, nor any patches, updates, new releases, or new versions of the Beta Game.
• We may discontinue the Beta Game at any time in Our sole discretion and may never make them generally available.
• When playing the Beta Game, You may accumulate points, equipment, or other indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Beta Game build, patch or update completes the testing phase.
• Feedback: You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Beta Game (“Feedback”). You hereby grant Us a worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to:
  • make, have made, use, copy, modify, and create derivative works of the Feedback as part of any product, technology, service, specification or documentation;
  • publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and
  • sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.