These Terms of Service (“Terms”) of (a) use of our website (“Website”) or any product(s) or service(s) in connection with Online4Gaming or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between Online4Gaming (“We/Us/Our”) and its users (“User/You/Your”).
These Terms constitute an electronic record according to the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 and further amendments.
Please read the Terms and the privacy policy of the Online4Gaming (“Privacy Policy”) with respect to registration, the use of the Website, Services and products carefully before using the Application, Website, Services or products. The provisions of T&C shall prevail in the case of any discrepancy.
Your use/access/browsing of the Website or the Services or products or registration (with or without payment/with or without a subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
Refrain from using availing services/using products if the Terms are not agreeable. Accessing our Services/products through registrations/subscription is non-transferable.
1) Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Online4Gaming. No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without prior written permission from the Online4Gaming. Nothing on this Website or Services or products shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Online4Gaming, to the User. You may own the medium on which the information, content or materials resides, but the Online4Gaming retains complete title to the information, content or materials and all intellectual property rights inserted by the Online4Gaming on such medium. Certain contents on the Website belonging to third parties with prior permission from the third party would stay with the third party. Further, you acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party. You are not permitted to use the same without the consent of the third party.
2) You can use our products solely for non-commercial purposes. Use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Personal and non-commercial use is subjected to the following restrictions:
- You may not decompile, reverse engineer, or disassemble the contents of the Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or remove any copyright, trademark registration, or other proprietary notices from the contents of our Website and/or Services/products.
- You will not (a) use our Website and/or any of our product/s or service/s for any commercial purposes, or (b) advertise/sell the products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website/our products and Services in any way that is unlawful, or harms the Online4Gaming or any other person or entity as determined by the Online4Gaming.
3) The users are prohibited from performing the following:
- Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Stalking, intimidating and/or harassing another and/or inciting others to commit violence;
- Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Interfering with any other person’s use or enjoyment of the Website/Services;
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
- Making available any content or material, not your right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Post, transmit or make available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
- Access or use the Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;
- Intentionally/unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Website/Services/products, or engage in any activity prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services/products or any affiliated or linked sites;
- Interfere with, or inhibit any user from using and enjoying access to the Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as the denial of service attack on the Website;
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual processes, to increase traffic to the Website/Services/products, to access, acquire, copy or monitor any portion of the Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website/Services/products;
- Alter or modify any part of the Services;
- Use the Services for purposes that are not permitted by (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
- Violate any of the terms specified under the Terms for the use of the Website/Services/products.
4) By submitting content , you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree to let others use the Material in the same way as any other content available through the Services and others may fork, tweak and repurpose your Material in accordance with these Terms. On deleting your user account your Material and name may remain available through the Services.
5) In the preparation of the Website/Services/products and contents therein, every effort has been made to offer current, correct, and clearly expressed information possible, but error can occur. The Online4Gaming disclaims responsibility for any errors and accuracy of the information on the Website. To enhance the quality of the information, feedback is welcome. The Online4Gaming reserves the right and discretion to make changes/corrections or withdraw/add contents at any time without notice. Neither the Online4Gaming nor third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Website/Services/products. The information and materials may contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
6) Our Website provides Users with access to compiled educational information. Such information is provided on an ‘As Is’ basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall neither be liable to update or ensure continuity of such information contained on the Website nor be responsible for information compiled from third party sources. The links provided are solely for convenience. It neither means that we endorse it nor do we have responsibility for the link provided. You should not create a link to the Website from another website or document without the Online4Gaming’s prior written consent.
7) The contents of the Services/products are developed on the concepts in the structured curriculum syllabus for students in academics. The usage of the Services/products is not endorsed as a substitution to the academic curriculum but to supplement the same by explaining and presenting the concepts to enhance understanding. The basic definitions and formulae of subject matter would remain the same. The Online4Gaming acknowledges the various means of delivering structured curriculum pedagogy and inclusion does not lead to an endorsement of any particular method nor does exclusion imply disapproval. Subscription does not guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
8) Certain contents in the Services/Website/products (particularly relating to assistance in preparations for judicial services) may be opinionated. The Online4Gaming shall not be responsible for such opinions/claims resulting from them. Further, the Online4Gaming makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
9) Parts of the Services are interactive, contributions are encouraged, which may or may not be subject to editorial control prior to being posted. The Online4Gaming is not liable for the material communicated to the third party in this way. The Online4Gaming reserves the right to remove, review, edit or delete any content. The Online4Gaming will neither be responsible for content uploaded by Users directly on the Website (irrespective of whether We have certified any answer uploaded by the User) nor be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
10) The Online4Gaming may (based on any form of access to the Services or Website or registrations through any source whatsoever), contact you through SMS, email, WhatsApp and call, to notify updates and/or to seek permission for demonstration of its products. You grant permission to contact him/her through telephone, SMS, e-mail, WhatsApp. The Online4Gaming isn’t liable for financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. On registration, you agree to make available your contact details to our employees, associates and partners so that you may be contacted for information and promotions through telephone, SMS, email, WhatsApp etc.
11) To enable effective provision of services, Online4Gaming may contact you through the registered or other mobile number or e-mail provided. The User/Student is deemed to expressly permit Online4Gaming to contact him/her on successful registration. Online4Gaming shall reserve the right to monitor, download and use Services/products and the contents by the User/student, to analyze such usage and discuss the same with the User/student.
12) While Online4Gaming makes efforts to train the sales and services department to enable quality control, it neither makes warranties or representations regarding the quality and competence of the personnel nor would be responsible for any deviant behaviour. Feedback is always welcome but Online4Gaming reserves the right and discretion to act on this regard.
13) Online4Gaming conducts competitions and the user agrees that Online4Gaming use the submissions including videos, written content, craftwork etc. for promotional purposes. All rights are reserved by Online4Gaming. The user grants permission to Online4Gaming for using every kind of submitted information for promotional campaigns on its discretion and the user ceases rights on the same once submitted.
14) Persons “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register.
15) The user agrees to defend, indemnify and hold harmless Online4Gaming, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Website/Services; (ii) Your violation of any term of these Terms or any other policy of Online4Gaming; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
16) Online4Gaming, its officers, directors, employees, partners or agents shall not be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to, the Website.
17) The breach of these Terms, would cause Online4Gaming irreparable damage. Online4Gaming, therefore, shall be entitled to obtain an injunction against such a breach from any court of competent jurisdiction. Online4Gaming’s right to obtain such relief shall not limit its right to obtain other remedies.
18) Violation of the T&C may result in immediate suspension/termination of your Accounts in addition to legal actions. Online4Gaming may disclose the account information if required by any Governmental or legal authority on such circumstances. You acknowledge that violation can result in liabilities upon you.
19) The Terms shall be according to laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts in Bihar and you accede to and accept the jurisdiction of such courts.
20) Online4Gaming has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Services accordingly without notice. Further, Online4Gaming reserves the right to amend the Terms without prior notice. Online4Gaming makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that Online4Gaming shall not be liable to You or any third party for any modification, suspension or discontinuance of the Services. All prices are subject to change without notice.
21) Online4Gaming reserves the exclusive right, at its sole discretion, to publish, remove or modify content related to the promotion of events and opportunities, including but not limited to the alteration of the dates of posting, with or without prior notice to the concerned party or parties. All dates specified in relation to the posting and promotion of such events and opportunities shall be deemed tentative and subject to change at Online4Gaming’s discretion. This right is exercisable by Online4Gaming to ensure the timely and effective dissemination of information pertinent to its users and to maintain the quality and relevance of content available on its platform.
22) Online4Gaming retains the right to publish content pertaining to similar events and opportunities, irrespective of any previous acceptance of a post for publication. The acceptance of any post for publication on the Online4Gaming platform does not confer upon any individual, organisation or entity an exclusive right to publication of similar or identical content. Online4Gaming’s decision to publish or refrain from publishing, any subsequent posts of a similar or identical nature shall be made at its sole discretion, without obligation to any prior content contributors. This clause is intended to preserve the diversity and breadth of content available on Online4Gaming, ensuring a wide range of opportunities and information is accessible to its user base.
General Provisions
Notice: All notices served by Online4Gaming shall be provided via email to your account or as a general notification on the Application. Notices to be sent via hello@online4gaming.com.
Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between Online4Gaming and You with respect to Your access to or use of the Website and the Services thereof.
Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Online4Gaming’s rights under the Terms are freely transferable by the Online4Gaming to any third parties without the requirement of seeking Your consent.
Severability: If for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Online4Gaming to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Online4Gaming of that provision or right.
Online4Gaming provides these Terms so that you are aware of the terms that apply to your use of the Website and Services. You acknowledge that, Online4Gaming has given You a reasonable opportunity to review these Terms and that you have agreed to them.
Feedback
All Feedbacks are non-confidential. The Website assures free use of information. By submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Online4Gaming is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Website may have something similar to the Feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Online4Gaming for the feedback under any circumstances, unless specified.
Under no circumstances shall Online4Gaming be held responsible in any manner for any content provided by other users even if the content is offensive, hurtful or offensive. Please exercise caution while accessing the Website.