The terms and conditions set out below (“Terms” or “Agreement”) 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 shall govern your Your use of the application through which the game Underworld Gang Wars is offered to You by Mayhem Studios India Private Limited (“Mayhem Studios”, “Our”, “Us” or “We”).
Mayhem Studios 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 https://underworldgangwars.com/ (“Website”), mobile applications (“Applications”), partner websites, mobile applications and other portals (collectively, the “Platform”).
Underworld Gang Wars comprises the game application, associated media, any application associated with Underworld Gang Wars, printed materials, manuals or any online or electronic documentation, promotional and interactive features, including any copies of such applications or materials developed by Us (collectively referred to as “UGW” or the “Game”). References to UGW or the Game shall also include all rights, title, and interest, including intellectual property rights in and connected to UGW 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, etc and any related documentation).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR APPLICATION.
Please note that:
“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.
“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.
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.
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.
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.
You will not use the Platform, or any content provided thereof:
You will not attempt to or engage in any activity that may:
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.
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.
Your access to the Platform may be terminated if:
We may have to terminate Your access to the Platform if:
We may also terminate this Agreement at our discretion with or without reason at any time, and with or without notice and may result in disabling Your access to the Platform and/or bar You from any future use of the Platform. However, certain obligations of Yours under these Terms shall continue to prevail even on such termination.
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.
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 in addition to the remainder of our t&c’s:
By using the Platform You understand and agree that:
Our privacy policy is available at https://underworldgangwars.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 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.
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.
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.
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: (i) LOSSES OR DAMAGES; (ii) LOST PROFITS OR REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; OR (v) 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:
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.
These Terms shall be governed by the Indian laws. All claims, and disputes, relating to and arising out of these Terms 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.
In case You have any grievance pertaining to (i) Platform, its content, peer User that you believe violates these Terms (ii) Your access to the Platform or (iii) 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:
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:
Email: legal@mayhem-studios.com
Office Hours: 11 am – 7 pm IST
Address: 1st, No. 59/ Sy. No. 79/4, Attic Space Legacy, Outer Ring Road, Bengaluru Urban 560103, Karnataka India.
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.
If You have any questions or concerns, please do not hesitate to reach out to Us at legal@mayhem-studios.com
Mayhem Studios is the owner of, and reserves all rights to the assets, content, services, information, and products and graphics in the website except any third party content.
Mayhem Studios refuses to acknowledge or represent about the accuracy or completeness or reliability or adequacy of the website's third party content. The Platform and its content, materials, information, services, and products in this website, including text, graphics, and links, are provided "AS IS" and without warranties of any kind, whether expressed or implied, to the fullest extent permissible pursuant to Applicable Laws, including but not limited to:
We are in no way responsible for any content of any linked site or any link contained in a link site. We disclaim all warranties, express and implied with regard to the merchantability and fitness for a particular purpose. We also do not guarantee that Users shall be able to use the website without any interruption which could be leading to loss in continuity.
Although, We shall make reasonable efforts to ensure that the website remains free of viruses or other harmful components, We do not represent or warrant the Platform or the server that make the site available to be free of such harmful components. Use of the services of the Platform is at User’s own risk and We shall not be responsible for any costs of servicing, repair or correction of User systems.
We do not encourage or host any content that may violate any provision of law. We do not endorse the Advertisements hosted on the Platform. Responding to advertisements or purchasing any products advertised on the Platform is at Your own risk.
We may stop provision of the Platform (or any part thereof), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform and/or these Terms of Use at Our sole discretion, without any prior notice to You. Your use of the Platform following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
You agree that You are responsible for all data charges You incur through use of the Platform.
By agreeing to participate in the company "Mayhem Studios", "We", “Us”, "Our" playtest “the Beta Playtest” or “Playtest”, with regard to reward distribution, the participant "You", “Your” acknowledge, understand, and agree that in addition to our website T&C’s: