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TERMS & CONDITIONS

These Terms of Service set out the terms and conditions for use of https://ww.gameinstituteindia.com (the "Site"), the mobile application(s) (the "Application") and any features, subdomains, content (except as specified hereunder), functionality, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format.

These Terms of Service apply to all users of the Platform including without limitation, (i) visitors of the Platform, (ii) all registered users of the Platform (“Creator(s)”) (iii) all users (other than Creator's 'End-Users') who are engaged by a Creator and/or are given access, limited or otherwise, to a Creator's Page (defined below) by such Creator, including such Creator's employees (“Authorized Users”) and (iv) all visitors and registered users of a Creator's Page (“End-Users”); for ease of reference, 'Authorized Users' and 'End-Users' shall collectively be referred to as “Creator's Page Users”/ “Page Users”, where applicable.

Use of the terms “you”, “your”, or “User(s)” shall refer to the Creator(s) and all visitors of the Platform. Similarly, when we speak of “Game Institute India”, “we”, “us”, and “our”, we collectively mean Game Institute India Labs Private Limited - a company incorporated in India, Game Institute India INC - a company incorporated in the State of Delaware, USA, and their respective affiliates. Kindly refer to the “About Game Institute India Platform” section of the Agreement to know which of the aforesaid Game Institute India entities will your Agreement be with.

These Terms of Service along with the Privacy Policy, Data Processing Addendum, Refund Policy, Cookies Policy, the User Guidelines, the Takedown Policy and any other terms and conditions updated on the Platform or communicated to you from time to time (collectively referred to as the “Platform Terms”), defines the relationship and responsibilities between you and Game Institute India, and it governs your use of the Platform and the Services (defined below) offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms, and such acceptance of the Platform Terms forms a legally binding agreement between you and Game Institute India (“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.

From time-to-time, updated versions of the Platform Terms may be made available on the Platform for your reference. By visiting the Platform, providing your Personal Data (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.

All capitalized terms are defined/have the meaning assigned to it under these Terms of Service and/or other Platform Terms. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms of Service and/or other Platform Terms; if not here, then it will be provided in the relevant Platform Terms - when we refer to any such term in these Terms of Service, we will try and specify where in these Terms of Service and/or other Platform Terms you can find the meaning/definition.

About Game Institute India Platform:

Game Institute India Platform is owned by Game Institute India Labs Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, India. The Platform is managed and operated by Game Institute India India for Indian territory, and managed and operated by Game Institute India INC, a US corporation, having its registered office at Vistra (Delaware) Ltd, 3500, South Dupont, HWY, Dover, Kent, DE 19901, Delaware, USA (“Game Institute India”) in respect of territories outside India.

Accordingly, (i) if you are visiting / registering on the Platform from India, then, your Agreement shall be with Game Institute India , and (ii) if you are visiting / registering on the Platform from any country outside India, then, your Agreement shall be with Game Institute India Inc.

Further, please refer to the “Country Specific Terms and Conditions” section of these Terms of Service to know the specific terms, if any, applicable to you depending on the above or your place of residence.

Platform Services:

Game Institute India Platform is an online service that provides a platform for Creators to create, design, upload, publish and sell content, including without limitation audio-visuals, audio, and electronic versions of written content directly to their End Users by enabling each Creator to create their own Page (defined below) in the form of sub-domains (hereinafter referred to as “Content”).

As a Creator, the Platform enables you to create Content using several features available on the Platform. Additionally, the Platform also provides various features to help Creators better communicate and interact with their End-Users, including an option to enable discussion forums between Creators and their End-Users. These features are available on each Creator's Page and Creators shall have the ability to enable or disable any such features for access by their respective End-Users.

For the purpose of the Platform Terms, usage of the term “Services” shall mean and include all services, functionalities and tools offered via the Platform by Game Institute India.

Game Institute India is only a platform service provider and an 'intermediary' in accordance with the Information Technology Act, 2000 including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Digital Millennium Copyright Act (as amended from time to time) or other equivalent / similar legislations; and Game Institute India is not, in any manner, an educational institution, a content provider and/or a marketplace. Our Platform is merely a technology that facilitates creation and sale of Content by Creators and enables interaction between Creators and their End-Users in association with such Content. Game Institute India's only responsibility is to provision the technology and the Services in accordance with the Platform Terms. All Content on a Creator's Page, the pricing for registration (“Creator's Fee”) or access to such Content by a Creator's Page Users and the overall management of a Creator's Page (excluding the technological reliance on Game Institute India), including any interactions between a Creator and its End-Users, and the services offered therein is solely decided by the Creator, and accordingly, the Creator is, at all times, solely responsible for all of the aforesaid. Game Institute India is not, in any manner, liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of a Creator's relationship with such Creator's Page Users, including Creator's End-Users' reliance upon any information or other content made available on Creator's Page.

The Services rendered by Game Institute India are not exclusive to you, and we reserve the right to provide our Services to any person, natural or legal, including your competitors. You further acknowledge and agree that our employees and contractors may also be our customers and Creators on the Platform and that they may compete with you, however, they shall be bound by the confidentiality obligations under their respective contracts with us and shall not use your confidential information as a User of the Platform, in the event any such confidential information is made available to them for the purposes of rendering the Services in accordance with the Platform Terms.

C. Right to Access and Registration:

To access the Platform and use the Services, you will be required to register and create an account on the Platform by providing the requested details. You can either register as an individual or for an entity. If you are registering for an entity, then you confirm that you have all the required permission and authority to register and represent such entity on the Platform. If you are an individual, then you hereby confirm that you meet the 'Age Requirements' specified hereinbelow. By continued usage of the Platform, you, through your actions, represent and warrant that you continue to comply with the Age Requirements.

You can register on the Platform for free, however, the Services offered on the Platform may be chargeable. Please review our Pricing Page to know the Service offerings. You are not obligated to purchase any product or use any Service offered on the Platform.

Age Requirements to register and use on the Platform (“Age Requirements”):

  1. If you are a resident of India or any other country (except the USA, UK or EU countries), then you must have attained at least 18 (eighteen) years of age or such age of majority in accordance with the applicable laws of your country of residence to register and use the Platform and the Services offered there;

  2. If you are a resident of the European Union (EU) country and have attained at least 16 (sixteen) years of age, then you are permitted to register and use the Platform; and

  3. If you are a resident of the United States of America (USA) or United Kingdom (UK) and have attained at least 13 (thirteen) years of age, then you can register and use the Platform.

  4. If you are a resident of the US, UK or EU countries and are between the ages 13 and 18/ 16 and 18 respectively or if you are resident of any other country and are considered to be of any age determined for use of internet services but are less than the contractual age determined by the applicable laws of such country, then by using the Platform, you confirm to us that your use of the Platform is with the permission of your parent or legal guardian (“Parent”), and your Parent has read, agreed and accepted to the Agreement; and in the event of any dispute between you and Game Institute India pursuant to your Agreement with us, the terms of our Agreement shall be applicable to and enforceable against your Parent.

Please note that the Platform and the Services offered therein are not directed at Minors/Children and Minors/Children are not by themselves eligible to register on and use the Platform and/or the Service offered therein. For the purpose of these Platform Terms, “Minor(s)”/ “Child”/ “Children” is/are individual(s) who do(es) not fulfill the Age Requirements mentioned above (as may be revised as per applicable laws from time to time).

Game Institute India reserves the right to terminate your Subscription (as defined under the 'Pricing, Payments and Refunds' section below) and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements. You acknowledge that Game Institute India does not have the responsibility to ensure that you conform to the aforesaid Age Requirements. It shall be your sole responsibility to ensure that the required qualifications are met, and continue to be met with, at the time of your registration on and/or use of the Platform.

D. Your Account:

On completion of your registration on the Platform as a Creator, a subdomain gets created based on the information provided by you on the Platform (“Creator's Page” or “Page”); and based on the service offerings purchased/subscribed by you on the Platform, you may also get access to an android and/or iOS mobile application that is specific to your Page or that is commonly made available to other Creators subscribing to similar services as you (“Creator's Application”). Accordingly, any reference to 'Creator's Page' or 'Page' shall mean and include the Creator's Application, as applicable, and all features made available to a Creator pursuant to the Subscription Plan purchased by the Creator.

As a Creator, you or the entity on whose behalf you have created an account on the Platform (as may be the case), are/is the deemed account holder of the account so created by you. You have the option to provide limited or full access to your account to any of your Authorized Users who may be assigned various roles including the roles of admins, instructors, affiliates who promote your Page or Content, or subscribers. Please note that you shall be solely responsible for any and all acts or omissions by your Page Users. Accordingly, the Platform Terms and any other specific terms you may have agreed to in writing (emails included) with Game Institute India in association with your use of the Platform, shall be deemed to be applicable to all your Page Users.

You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person (except the Authorized Users) with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to assist you in stopping or preventing such unauthorized access. Please ensure that the details you provide us are correct in accordance with the details you may have submitted on the Platform.

You represent that the information provided by you at the time of the registration are correct, true and accurate and you are authorized to provide such information, and you agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle your information.

Please note that we reserve the right to reject or put on-hold, your registration on the Platform as may be required to comply with any legal and regulatory provisions, and we also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, any information provided by you violates or you have violated, any provision of the Platform Terms or any applicable law or any government policies.

In the event of a dispute regarding your account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include without limitation, a scanned copy of your organizational documents, government issued photo ID, and any applicable business licences. After due verification, we retain the right to determine the rightful account owner and transfer such disputed account to the rightful owner. If we are unable to reasonably determine the rightful account owner, we reserve the right to temporarily disable an account until resolution has been determined between the disputing parties.

Further, to access the Platform, create, publish and/or view the Content on the Platform, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to use the Platform. The Supported/Compatible Devices to access the Platform may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein. Further, similar Supported / Compatible Device requirements would apply to your End-Users and the responsibility of communicating these requirements to the End-Users shall be solely yours.

E. Use of the Platform:

  1. Game Institute India's Intellectual Property: Game Institute India owns all information and materials (in whatever form or media) provided or communicated or licensed to you by or on behalf of Game Institute India including but not limited to, the Platform, the trademarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Game Institute India, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Game Institute India (“Game Institute India's Intellectual Property” or “Game Institute India's IP”). Game Institute India's IP specifically excludes any Content on Creator's Page (defined under the 'Your Content and Ownership' section below) and any content uploaded by other Users on the Platform, including any brand names and trademarks that are not owned by Game Institute India. Game Institute India's IP will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to the Game Institute India's IP by use of the Platform. You acknowledge and agree that the Game Institute India's IP is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display, or performance of the Game Institute India's IP and/or any component thereof is strictly prohibited and may result in legal / penal consequences.

It is further clarified that, Game Institute India, its logo, and other marks indicated on our Platform are our trademarks or registered trademarks. Platform's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Platform. Game Institute India's trademarks and trade dress may not be used in connection with any product or service that is not Game Institute India's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Game Institute India. All other trademarks not owned by Game Institute India that appear on this Platform are the property of their respective owners, who may or may not be gated with, or connected to Game Institute India.

  1. Licence to use the Platform: As a Creator, Game Institute India grants you and your Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for your own personal and commercial use in accordance with the Platform Terms.

Further, to facilitate your services to your End-Users through the Platform, Game Institute India grants your End-Users, a limited, non-exclusive licence to access and use the Platform through your Page for their own personal use. This licence does not grant your End-Users the right to assign or sublicense the licence granted hereunder to anyone else.

Except as expressly permitted under the Platform Terms or otherwise in writing, you will not, either by yourself or through any other person, reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).

  1. Restrictions on usage of the Platform: The licence granted to you and your Page Users by Game Institute India, is limited to the purpose defined under the Platform Terms. Neither you nor your Page Users shall use the Platform for any purpose or in any manner other than as expressly permitted under the Platform Terms, and you shall not, either by yourselves or through any other person, do or cause the doing of, any act or omission that would result in:

    1. distribution of any part of the Platform or the Game Institute India's IP (as defined above), through any mode or medium, without Game Institute India's prior written authorization.

    2. alteration or modification of or tampering with any part of the Platform or result in creation of other derivative works of the Platform or the Services offered therein.

    3. reverse engineering, disassembly, or de-compilation of the Platform or any part thereof or result in derivation of the source code of any software included in the Platform or made available to you as part of the Services using means or processes that are deemed unauthorized and/or illegal.

    4. accessing or using the Platform in a way intended to avoid incurring fees or exceeding usage limits or quotas.

    5. gaining access to another User's content to which you do not have authorized or legitimate access.

    6. circumvention or attempt to circumvent any limitations imposed on your account;

    7. probing, scanning, or testing of the vulnerability of any system or network used by Game Institute India, unless Game Institute India has given you a prior written authorization.

    8. the use of Services to collect or store any Sensitive Personal Data (as defined in our Privacy Policy) including personal health information, banking and credit card information; and if you do use the Platform and/or the Services to collect, store or otherwise process any Sensitive Personal Data, then you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;

    9. sale of access to the Platform (other than as permitted under the Platform Terms) or sale of any advertising, sponsorship or promotion space on or within the Platform, without Game Institute India's prior written approval.

    10. use or launch of any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to Game Institute India's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

    11. unauthorized collection or harvesting of any personally identifiable information, including account names, from the Platform, or in unauthorized use of the communication systems provided by the Platform.

    12. extraction of any substantial parts of this Platform for re-utilization, including through utilization of any data mining tools, robots, or similar data gathering and extraction tools, without Game Institute India's express prior written consent.

    13. purchase of search engine or other pay per click keywords (such as Google AdWords), or domain names that use the name 'Game Institute India' or Game Institute India's trademarks and/or variations and misspellings thereof.

  2. Other terms applicable for your use of the Platform:

    1. You agree to receive installs and updates from time to time from Game Institute India. These updates are designed to improve, enhance, and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Game Institute India to deliver these to you) as part of your use of the Platform.

    2. Notwithstanding anything stated to the contrary herein in this section of the Platform Terms, Game Institute India grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Game Institute India reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard.

    3. You may post reviews, comments and other Content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the Content so submitted or sent is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.

    4. You will not misrepresent or embellish the relationship between Game Institute India and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between Game Institute India and you.

    5. You are solely responsible for all customer service issues relating to your services, including pricing, fulfilment, cancellation by you or your End-User, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your Authorized Users, policies, or processes. In performing customer service, you will always present yourself as a separate entity from Game Institute India. As between you and Game Institute India, Game Institute India shall support you only to the extent of Services offered by Game Institute India relating to your account in accordance with the Agreement.

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