CONDITIONS
THE FOLLOWING ARE THE TERMS & CONDITIONS BY WHICH THIS WEBSITE IS REGULATED. IF YOU ARE USING THIS WEBSITE, YOU SHALL BE BOUND BY THE TERMS AND CONDITIONS LAID OUT IN THIS END USER AGREEMENT. PLEASE READ THIS END USER AGREEMENT CAREFULLY. For Ages above 18+ only. This End User Agreement governs your use of www.esportelite.in “Esport Elite ”, the mobile game application, its website, its software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by RAMESHWAR FUN ZONE PRIVATE LIMITED. Any person ("User") utilizing www.esportelite.in or the Esport Elite App for availing of the online gaming services offered therein or participating in the various tournaments and games, being conducted on Esport Elite shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Esport Elite in relation to any Esport Elite Services. Esport Elite shall be entitled to modify these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Esport Elite in relation to any Esport Elite Services at any time, by posting the same on the Esport Elite app or website. Use of Esport Elite constitutes the User's acceptance of such Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Esport Elite in relation to any Esport Elite Services, as may be amended from time to time. Esport Elite may also notify the user of any change or modification in these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Esport Elite , by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Esport Elite . If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Esport Elite . Certain Esport Elite Services being provided on Esport Elite may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail. TO ENTER INTO THIS END USER AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN INDIA AND NOT FROM ANY OF THE FOLLOWING STATES WHICH HAVE BANNED ALL TYPES OF GAMES. THAT YOU ARE LEGALLY AND RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, AND UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOU ARE NOT ELIGIBLE TO ENTER THIS AGREEMENT. PLEASE STOP USING THIS WEBSITE IMMEDIATELY. If you continue using this website or the Software and its Services, by downloading or using the Software, you are agreeing to Esport Elite ’s Terms of Service and acknowledge that you have read its Privacy Policy. Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 24.
1. OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Rameshwar Fun Zone Technologies Pvt Ltd. (“Rameshwar Fun Zone ”). The Product is protected by national and international laws, copyright treaties and conventions and other laws.
2. LICENSE GRANT
Esport Elite has a similar gameplay to the original poker game, and grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and/or use the Product and Services for your personal, non-commercial use (the “License”) for such time until either You or Esport Elite terminates this EUA. The rights that www.systemludo.com grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Product on certain hardware. The License becomes effective on the date you accept this Agreement. The Mobile Software is licensed, not sold, to you; the License does not grant you any title or ownership in the Software. As applicable, certain parts of the Product may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. Please follow clause 12 for the same.
3. LICENSE CONDITIONS
3.1 You are not permitted to do any of the following with respect to the Product or any of its parts: • use it commercially or for a promotional purpose; • copy, reproduce, display, perform, or otherwise use it in a way that is not expressly authorized in this Agreement or its Specific Terms; • sell your account or otherwise transfer winnings to any third party; • reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble them or make derivative works based on them; • remove, disable, circumvent, or modify any proprietary notice or label or security technology included in them; • create, develop, distribute, or use any unauthorized software programs to gain an advantage in the online game modes; • use them to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; • use, export, or re-export them in violation of any applicable law or regulation; or • behave in a manner which is detrimental to the enjoyment of the Software or the Services by other users as intended by Esport Elite , in their sole judgment, including but not limited to the following – cheating, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.
3.2 While using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product, which are not meant to be exhaustive and can be modified at any time by Rameshwar Fun Zone . In all cases, you may only use the Product according to the anticipated use of the Product. For example, for purposes, and without limiting Rameshwar Fun Zone ’s rights to take action against You, You may not: • create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking, or circulation of counterfeit software); • modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the software, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above; • transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in, or be involved in any way in an attack on Rameshwar Fun Zone ’s servers and/or the Product and/or those of its service providers and partners; • create, supply, or use alternative methods of using the Product, for example, server emulators; • spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature; • transmitting or communicating any material or content which, in the sole and exclusive discretion of Rameshwar Fun Zone , is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; • harassing or threatening any other users of the Products; • make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Rameshwar Fun Zone 's personnel; • falsely claim to be an employee or representative of Rameshwar Fun Zone or its partners and/or agents; • falsely claim an endorsement in connection with the Products or with Rameshwar Fun Zone . Any non-compliance by you with this Clause may also be a violation of our or third parties intellectual property and other proprietary rights, which may subject you to civil liability and/or criminal prosecution.
4. USAGE BY THOSE UNDER THE AGE OF 18 YEARS
If we suspect that you are or receive notification that you are currently under 18 years or were under 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you) when you played any game through our Service, your Account will be suspended (locked) to prevent you from playing further or making any withdrawals from your Account. We will then investigate the matter, including whether you have been playing the game as an agent for, or otherwise on behalf, of a person under 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you). If, having found that you: (a) are currently; (b) were under 18 years or below the majority age which applies to you at the relevant time; or (c) have been at the behest of a person under 18 years or below the majority age, wherein: • all winnings currently or due to be credited to your Account will be retained; • all winnings gained from playing through the Service whilst acting as an agent to someone underage must be paid to us on demand (if you fail to comply with this provision, we will seek to recover all costs associated with recovery of such sums); and/or • any monies deposited in your Account which are not winnings will be returned to you OR retained until you turn 18 years old at our sole discretion. We reserve the right to deduct payment transaction fees from the amount to return, including maintenance fees for deposits to your account, which we may retain.
In the event we suspect you are in breach of the provisions of this Clause or are attempting to rely on them for a fraudulent purpose, we reserve the right to take any action necessary in order to investigate the matter, including informing the relevant law enforcement agencies.
5. USERS' CONDUCT
Users agree to abide by these following stipulated rules, regulations, and terms of use of the Website. In the event, the User does not abide by these following rules, regulations, and terms of use, Esport Elite may, at its sole and absolute discretion, take necessary remedial action, including but not limited to: restricting, suspending, or terminating any User's access to all or any part of Esport Elite ’s Services; • Deactivating or deleting a user's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Esport Elite , subject to a processing fee (if any) applicable on such transfers as set out herein; or • refraining from awarding any prize(s) to such User. • Users agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Esport Elite ). Users further agree to update and keep updated their registration information. • A User shall not register or operate more than one User account with Esport Elite . • Users agree to ensure that they can receive all communication from Esport Elite by marking emails from Esport Elite as part of their "safe senders" list. Esport Elite shall not be held liable if any email remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder. • Any password issued by Esport Elite to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Esport Elite of any unauthorized use of their passwords or accounts or any other breach of security. • Users agree to exit/log out of their accounts at the end of each session. Esport Elite shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements. • Users agree not to use cheats, exploits, automation, software, bots, hacks, or any unauthorized third-party software designed to modify or interfere with Esport Elite 's Services and/or Esport Elite experience or assist in such activity. • Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Esport Elite or Esport Elite 's Services. • Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support Esport Elite or the Esport Elite 's Services (each a "Server"); or (2) the enjoyment of Esport Elite 's Services by any other User or person. • Users agree not to institute, assist or become involved in any type of attack, including without limitation, distribution of a virus, denial of service, or other attempts to disrupt Esport Elite 's Services or any other person's use or enjoyment of Esport Elite 's Services. • Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to Esport Elite 's Services by any means other than the User interface provided by Esport Elite , including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Esport Elite 's Services.
Without limiting the foregoing, Users agree not to use Esport Elite for any of the following: • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory, or abusive action or communication; • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals; • To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; • To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Esport Elite , any software, hardware, or telecommunications equipment; • To advertise, engage in or execute any contingent agreement with the outcomes of Esport Elite ; • To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; • To advertise, offer or sell any goods or services for any commercial purpose claiming to be from Esport Elite without the express written consent of Esport Elite ; • To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner; • To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; • To restrict or inhibit any other user from using and enjoying any public area within our sites; • To collect or store personal information about other Users; • To interfere with or disrupt Esport Elite , servers, or networks; • To impersonate any person or entity, including, but not limited to, a representative of Esport Elite , or falsely state or otherwise misrepresent User's affiliation with a person or entity; • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Esport Elite or to manipulate User's presence on Esport Elite ; • To take any action that imposes an unreasonably or disproportionately large load on our infrastructure; • To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
If a User chooses a username that, in Esport Elite 's considered opinion is obscene, indecent, abusive or that might subject Esport Elite to public disparagement or scorn, Esport Elite reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username from Esport Elite , and/or deny such User access to Esport Elite , or any combination of these options. Unauthorized access to Esport Elite is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Esport Elite by any means other than through the interface that is provided by Esport Elite for use in accessing Esport Elite . Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our app. Use of Esport Elite is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Esport Elite 's right to comply with government, court, and law-enforcement requests or requirements relating to Users' usage of Esport Elite . Users may contact Esport Elite 's Helpdesk with problems or questions, as appropriate. Persons below the age of eighteen (18) years are not allowed to play/register/use any of the Esport Elite & consequent participation in any activity on Esport Elite is not permitted and such person is subject to disqualification at the sole and absolute discretion of Esport Elite , whenever it comes to the knowledge of Esport Elite .
6. CONSENT TO MONITOR
When You are using the Products, our server or an affiliated third party may monitor Your hardware random access memory (RAM) for unauthorized third-party programs/codes prohibited by Section 2&3 that interact with the Products. That you give Esport Elite , all the rights and accent to monitor and record your gameplay at any stage they might deem fit. In the event that we or our affiliates detects any such unauthorized third-party program or restricted use laid out in Clause 2& 3, information may be communicated back to Esport Elite , including the name of your Account, details about the unauthorized activities detected, and the time and date that the unauthorized third-party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Products detect the use of an unauthorized third-party program, this License and Your access to the Products may be terminated with or without additional notice to You. In that event, all your winning may be forfeited by Esport Elite , and the general clauses of Refund & Termination shall not be applicable. And further you give Esport Elite full rights to detect your in-app activities as per RBI-based AML Policy. Esport Elite is allowed to report to the concerned authorities if your in-game activities go against the Laws of India. However, please note that Esport Elite is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Products, including in-game chats. Such communications are the sole responsibility of the user in question.
7. TERMINATION
Without limiting any other rights of Rameshwar Fun Zone , this Agreement will terminate automatically without notice if you fail to comply with any of its compulsory terms and conditions. You may also terminate this Agreement by deleting all copies of the Software. Upon any termination, the License will automatically terminate, and you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession. Except as expressly stated otherwise herein or to the extent required by law. Esport Elite may terminate your account in compliance with any executive or regulatory body. Esport Elite is under no compulsion to justify such action to any user. Except as expressly stated otherwise herein or to the extent required by law, or our standard practice, in the case of any material breach of this End User Agreement, all payments and fees are non-refundable under all circumstances, regardless of whether this Agreement has been terminated.
8. COMPLIANCE WITH PRIVACY POLICY
To know more about how your data is handled by Esport Elite , please visit Privacy Policy on our website. We make every effort, including periodic reviews, to ensure that the personal information you provide is used in conformity with the Privacy Policy. If you have any concerns about our adherence to this Privacy Policy or the manner in which your personal information is used, kindly write to us support@systemludo.com. We'll contact you, and if required, coordinate with the appropriate regulatory authorities to effectively address your concerns.
9. DATA RETENTION
Esport Elite reserves the right to retain player information for an indefinite period of time to enforce the End User License Agreement Esport Elite , prevent fraud, resolve a claim, or comply with any other acts permitted by law. Esport Elite reserves such rights, whether an account is terminated by Esport Elite or at the request of the player, data is retained for the lifetime of the game. In case a user wants Esport Elite to delete all their data from their backup, they must email us on support@systemludo.com requesting to remove all the data effectively.
10. UPDATES AND PATCHES
Rameshwar Fun Zone may provide patches, updates, or upgrades to the Esport Elite 's Mobile Applications that must be installed in order for you to continue to use the Software or Services. Rameshwar Fun Zone may update the Software remotely without notifying you, and you hereby consent to Rameshwar Fun Zone applying patches, updates, and upgrades. Rameshwar Fun Zone may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to any in-game rewards, achievements, or character levels. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Services may cease to be available to you at any time without notice from Rameshwar Fun Zone , including, without limitation, after a patch, update, or upgrade is applied by Rameshwar Fun Zone . Rameshwar Fun Zone does not have any maintenance or support obligations with respect to the Software or Services.
11. FEEDBACK
If you provide Rameshwar Fun Zone with any Feedback, you hereby grant Rameshwar Fun Zone a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Rameshwar Fun Zone is not required to make any use of any Feedback that you provide. You agree that if Rameshwar Fun Zone makes use of your Feedback, Rameshwar Fun Zone is not required to credit or compensate you. You represent and warrant that you have sufficient rights in any Feedback that you provide to Rameshwar Fun Zone to grant Rameshwar Fun Zone and its affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
12. THIRD-PARTY SITES, SERVICES AND PRODUCTS
Esport Elite may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Esport Elite does not exercise control over any Internet sites apart from Esport Elite , and cannot be held responsible for any content residing in any third-party Internet site. Esport Elite 's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Esport Elite of such third-party Internet sites. Esport Elite using a 3rd party service to track and enhance the marketing and Ad Campaigns for Esport Elite and their users. Esport Elite contains content that is created by Esport Elite as well as content provided by third parties. Esport Elite does not guarantee the accuracy, integrity, or quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the Esport Elite ’s Services provided on Esport Elite , including while participating in any of the contests hosted on Esport Elite .
13. DISCLAIMERS AND LIMITATION OF LIABILITY
The Software and Services are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind. Rameshwar Fun Zone , its affiliates, and its and their licensors and service providers (collectively, the "Rameshwar Fun Zone Parties") disclaim all representations, warranties and conditions (whether express or implied) with respect to the Software and Services, including, without limitation, regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Rameshwar Fun Zone knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Rameshwar Fun Zone Parties make no warranty that (1) the Software or Services will operate properly at all times, (2) the operation of the Software or Services will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in the Software or Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law. Users shall access the Esport Elite 's Services provided on Esport Elite voluntarily and at their own risk. Esport Elite shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, or loss of property) by Users or any other person or entity during the course of access to the Esport Elite 's Services (including participation in the Contest(s)) or as a result of acceptance of any prize. By entering the Esport Elite applications/website and accessing the Esport Elite 's Services provided therein, Users hereby release from and agree to indemnify Esport Elite , and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Esport Elite 's Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise. Esport Elite accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties. Users shall be solely responsible for any consequences which may arise due to their access to the Esport Elite 's Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Esport Elite 's Services, including the provision of incorrect address or other personal details. Users also undertake to indemnify Esport Elite and their respective officers, directors, employees, and agents on the happening of such an event (including, without limitation, cost of an attorney, legal charges, etc.) on a full indemnity basis for any loss/damage suffered by Esport Elite on account of such act on the part of the Users. Users shall indemnify, defend, and hold Esport Elite harmless from any third party/entity/organization claims arising from or related to such Users' engagement with the Esport Elite or participation in any Contest. In no event shall Esport Elite be liable to any User for acts or omissions arising out of or related to the Users' engagement with Esport Elite or his/her participation in any Contest(s). In consideration of Esport Elite allowing Users to access the Esport Elite 's Services hosted on Esport Elite , to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Esport Elite , its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Esport Elite 's Services or related to the Contests or the prizes of the Contests.
14. INDEMNITY
You agree to indemnify, pay the defence costs of, and hold harmless Esport Elite , the Rameshwar Fun Zone Parties and their respective employees, officers, directors, agents, contractors, and other representatives from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Software or Services, or (c) any claim of infringement or violation of any third party intellectual property rights arising from Rameshwar Fun Zone 's use of your Feedback. You agree to reimburse the Rameshwar Fun Zone Parties on demand for any defence costs incurred by the Rameshwar Fun Zone Parties and any payments made or loss suffered by the Rameshwar Fun Zone Parties, whether in a court judgment or settlement, based on any matter covered by Sections 3 & 4. If you are prohibited by law from entering the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that are the stated subject matter of the indemnification obligation above. As used in the above indemnity provisions, the term "Rameshwar Fun Zone Parties" includes the developer of a Software or Service licensed to you under this Agreement (whether Rameshwar Fun Zone , its affiliate or a third party) unless you have agreed to Software Specific Terms for that Software or Service that include an indemnity of the developer.
15. CUSTOMER SUPPORT & COMPLAINTS
If you have any concerns or questions regarding these Terms, you should contact our Customer Service Department via the links on the Website and use your Registered Email Address in all communication with us. Disputes must be lodged within three (3) days from the date of the game in question which was been played by the complainant user. No claims will be honoured after this period. The Customer is solely responsible for their Account transactions. In the event of a dispute arising between you and us, our Customer Service Department will attempt to reach an agreed solution. Should our Customer Service Department be unable to reach an agreed solution with you, the matter will be escalated to our Legal Team.
16. GOVERNING LAW AND JURISDICTION
You agree that this Agreement will be deemed to have been made and executed in the Bangalore, India and any claim shall be settled herein. You and Rameshwar Fun Zone agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. We have put this up front (and in caps) because it is important: TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY/ STATE OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, AND UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOU ARE NOT ELIGIBLE TO ENTER THIS AGREEMENT. ANY CLAIM MADE BY ANY USER BELOW THE AGE OF MATURITY SHALL DEEM TO BE NULL AND VOID. If you use third-party Software or Services, the privacy policy of the applicable licensor or publisher may also govern your use of that Software or Services. By downloading or using the Software, you also agree to Rameshwar Fun Zone 's Terms of Service and acknowledge that you have read Rameshwar Fun Zone 's Privacy Policy. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
17. BINDING, INDIVIDUAL ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Most issues can be resolved quickly and amicably by contacting Rameshwar Fun Zone customer support at support@esportelite.in. But we understand that sometimes disputes cannot be easily resolved internally. This Section explains how You and Rameshwar Fun Zone agree to resolve those disputes, including (where applicable) binding, individual arbitration. Arbitration is an alternative dispute resolution (ADR) procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and Rameshwar Fun Zone is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both, you and Rameshwar Fun Zone . Informal Resolution If you have an issue that our customer support cannot resolve, prior to starting arbitration You and Rameshwar Fun Zone agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and Rameshwar Fun Zone agree to make a good-faith effort to negotiate any dispute between us for at least 30 days ("Informal Resolution"). Those informal negotiations will start on the day You or Rameshwar Fun Zone receive a written Notice of a Dispute occurrence in accordance with this Agreement. You will send your Notice of Dispute to Rameshwar Fun Zone Private Limited., Legal Department, ATTN: NOTICE OF DISPUTE, Shree Ram Nagar Extn Kalwar Road, Jhotwara, Jaipur Rajasthan 302012. Include your name, the account name you use while using the Software, your address, how to contact you, what the problem is, and what you want Rameshwar Fun Zone to do. If Rameshwar Fun Zone has a dispute with You, Rameshwar Fun Zone will send our Notice of Dispute to your registered email address and any billing address You have provided us. If the dispute is not resolved within by Informal Resolution, You or Rameshwar Fun Zone may start arbitration in accordance with this Agreement. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You and Rameshwar Fun Zone agree that Disputes will be settled by binding, individual arbitration conducted by the Arbitration and Conciliation Act, 1996 as conveyed by this Agreement. This means that You and Rameshwar Fun Zone agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (a mutually agreed arbitrator) that makes the final decision to resolve the Dispute. This shall enable us to use experienced professionals to arbitrate disputes, which helps You and Rameshwar Fun Zone resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim. The arbitrator's decision is final, except for a limited review by courts under the Arbitration and Conciliation Act, 1996, and can be enforced like any other court order or judgment. You and Rameshwar Fun Zone agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court. Nothing in this clause shall stop www.ludoEsport Elite .com from informing the executive authorities regarding any non-compliance as per clauses (3) & (4) and/or in the event of any financial or cyber-crime as per IT Act, 2000 & the Indian Penal Code, when we may deem fit and necessary.
18. SEVERABILITY
If all or any provision of this Binding, Individual Arbitration Agreement is found invalid, unenforceable, or illegal, then You and Rameshwar Fun Zone agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, You and Rameshwar Fun Zone agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this Agreement. Under no circumstances shall arbitration be conducted on a class basis without Rameshwar Fun Zone 's express consent.
19. NON-ASSIGNMENT
You cannot assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on the transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any transferee of the Software. Rameshwar Fun Zone may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement. Caution: A User is hereby debarred, under this End User Agreement, to sell, transfer or assign his user account to any other individual. Be informed, that your user data is specifically allotted to your usage and is not transferable to any third party. If we find reasons to believe that a user has been non-compliant to this clause, Esport Elite may, at its own discretion, and without any further notice, cancel, stop, or delete the account which might have been assigned to another user. On that occasion, our Refund Policy shall not follow.
20. DEFINITIONS
As used in this Agreement, the following capitalized words have the following meanings: "Rameshwar Fun Zone " means, Rameshwar Fun Zone Private Limited, Inc., a private limited company, its principal business offices at Shreeram Nagar Extn Kalwar Road Jhotwara, Jaipur (Raj.) 302012 being the developers of Esport Elite . "Feedback" means any feedback, or suggestions that you provide to Rameshwar Fun Zone regarding the Software, Services or other Rameshwar Fun Zone products and services. "Products" means the mobile applications of Esport Elite developed by Rameshwar Fun Zone Private Limited. Any mention of Products as a subject or anything pertaining to the usage of a product, as being referred to shall mean Esport Elite . "Software Specific Terms" means additional terms and conditions specific to a particular Software or Service. "Services" means any services made available to you through the Software, including services to purchase games, download, or use video games or other Software or Services. "Software" means the Real Money Application games provided by "Esport Elite " which is the subject matter of the End User Agreement. All the terms and clauses laid down before were in connection with Esport Elite . The term "Software" also includes any patches, updates, and upgrades to such Software, and all related content and documentation provided with or for the Software, additionally including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catchphrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to such Software, and any copies of any of the foregoing. "Confidential Information" means (a) the Products and (b) the confidential or proprietary information delivered under this Agreement except for information which (i) was known to the recipient at the time of disclosure; (ii) is or becomes publicly available without fault of the recipient; and (iii) is lawfully obtained by the recipient from a third party without confidentiality restrictions.
21. MISCELLANEOUS
• This Agreement, together with the Terms & Conditions, Privacy Policy, and any Software Specific Terms or other additional terms you may have agreed to with Rameshwar Fun Zone , constitutes the entire agreement between you and Rameshwar Fun Zone relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded. • The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country. • This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect. • Any act by Rameshwar Fun Zone to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity. • You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated. • Our obligations are subject to existing laws and legal processes, and Rameshwar Fun Zone may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
22. AMENDMENTS OF THIS AGREEMENTS
Rameshwar Fun Zone may issue an amended Agreement at any time at its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement through the Software or other means. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement in accordance with Section 8 or 9 before such amended Agreement becomes effective, upon which you must stop using the Software. Irrespectively by using the Software after the amended Agreement becomes effective or otherwise, this shall indicate your acceptance of the amended Agreement, and that you are agreeing to be bound by the terms of the amended Agreement.