- Additional terms and conditions may apply in order for You to avail specific First Games Offerings and to specific portions or features of First Games Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of First Games Platform, the latter terms shall control with respect to Your use of that portion of First Games Platform. PFG may make changes to any First Games Offerings offered on the First Games Platform, or to the applicable terms for any such First Games Offerings, at any time, without notice. The materials on the First Games Platform with respect to the First Games Offerings may be out of date, and PFG makes no commitment to update the materials on First Games Platform with respect to such First Games Offerings. The following terms also govern and apply to Your use of the First Games Platform, and they are incorporated herein by this reference:
- SSOID Service, Participating Platforms - Paytm’s SSOID service offers You the convenience, after a one-time registration any First Games Platform, to sign on (log in) to all web pages and online platforms operated by Paytm or its affiliates (here in after the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Paytm’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Paytm is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by Paytm for use on all Participating Platforms. For the use of Paytm’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Paytm immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (here in after the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Paytm sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Paytm’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Paytm is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Paytm) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account..
- Service Disruptions
- We 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 those sites. We do not exercise control over any third party internet sites and cannot be held responsible for any content residing in any third-party internet site. Inclusion of any third-party content or links to third-party internet sites is not an endorsement by us of such third-party internet site.
- Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between you and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and you shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
- Our portal contains content that is created by us as well as content provided by third parties. We do not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by you in utilizing the activity including while participating in any of the game hosted on portal.
- To the extent permitted by law, PFG makes no representations or warranties as to the quality, suitability or merchantability of the game or any contest in the game; neither do we represent that the platform is fit, secure and stable for particular purposes. We shall not be liable in respect of default arising either due to commission or omission of any act, from any of the above part of this clause.
- If any advertisements or purchases related to virtual coins are carried out through the third-party sites, Participants understand and agree that the said services are on independent basis and PFG is not responsible for authorization/denial of any such transactions. Such transactions are subject to and are undertaken in accordance with the terms and conditions specified by such third-party sites without any liability or obligation to PFG and you are required to independently verify and abide by the terms and conditions applicable for such third party sites.
- Communication Policy
By accepting the T&Cs, You accept the following:-
- PFG / Paytm may send alerts or make phone calls to the mobile phone number provided by You while registering with First Games Platform for the SSOID service or on any updated mobile number subsequently provided by You on First Games Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in 'On' mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in 'Off' mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
- We will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from us as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using First Games Platform or availing any First Games Offerings. PFG shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold PFG liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
- The SMS/e-mail alert/push notification service provided by PFG is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, we shall be immediately informed about the same by You and we will make best possible efforts to rectify the error as early as possible. You shall not hold PFG or its affiliates liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
- The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. PFG shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- You will indemnify and hold harmless PFG and its affiliates including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney's fees which PFG or its affiliates or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to First Games Offering from PFG or its affiliates and/or the SMS/e-mail service provider.
- Use of First Games Platform - You understand that except for information, products or services clearly indicated as being supplied by Paytm First Games, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that PFG or its affiliates cannot and does not guarantee or warrant that files available for download through First Games Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
- Prohibited Conduct - By accessing or using First Games Platform or by availing First Games Offerings, You agree not to:
- violate the T&Cs;
- impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the First Games Offerings, perform any other similar fraudulent activity or otherwise avail First Games Offerings with what we reasonably believe to be potentially fraudulent funds;
- infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- use the First Games Offerings if You are under the age of 18 years;
- post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
- post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
- refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to us;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the First Games Offerings and First Games Platform or features that enforce limitations on the use of the First Games Offerings or First Games Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards First Games Offerings or First Games Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- use the First Games Offerings or First Games Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using First Games Offerings or First Games Platform in an automated manner;
- modify, adapt, translate or create derivative works based upon First Games Offerings and First Games Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
- intentionally interfere with or damage operation of First Games Offerings or First Games Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
- use any robot, spider, other automatic device, or manual process to monitor or copy First Games Platform without prior written permission;
- interfere or disrupt First Games Platform or networks connected to our platform;
- take any action that imposes an unreasonably or disproportionately large load on our infrastructure and / or network;
- use any device, software or routine to bypass First Games Platform’s robot exclusion headers, or interfere or attempt to interfere, with the First Games Offerings;
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through First Games Platform or to manipulate Your presence on our platform;
- sell the First Games Offerings, information, or software associated with or derived from it;
- use the facilities and capabilities of First Games Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
- provide false, inaccurate or misleading information;
- use First Games Platform to collect or obtain personal information, including without limitation, financial information, about other users of First Games Platform, except and only as expressly provided in the T&Cs;
- avail First Games Offerings with what PFG or its affiliates reasonably believes to be potentially fraudulent funds;
- use the First Games Offerings in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to PFG or its affiliates, a third party or You;
- use the First Games Offerings in a manner that Paytm or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
- take any action that may cause PFG or its affiliates to lose any of First Games Offerings from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
- send automated request of any kind to First Games Platform without express permission in advance from us.
Termination; Agreement Violations -You agree that PFG, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the First Games Offerings / First Games Platform and remove and discard on First Games Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. We may also at our sole discretion and at any time discontinue providing access to the First Games Offerings, or any part thereof, with or without notice. You agree that any termination of Your access to the First Games Offerings/First Games Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that PFG or its affiliates will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PFG or its affiliates may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the First Games Offerings/ First Games Platform.
In response to a violation of these Terms of Access or any other agreement applicable to First Games Offerings accessed by You, or We deem that your use of First Games Offerings renders Paytm First Games less safe for other users or for illegal or improper use of First Games Offerings, content, entitlement, products, or PFG Intellectual Property, We may issue You a warning, suspend your account, selectively remove, revoke or garnish entitlements at an account and/or device level, immediately terminate any and all accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all First Games Offerings or certain First Games Offerings. On such termination You will lose your user name and ID, no refund / refunds will be granted, no entitlements will be credited to you or converted to cash or other forms of reimbursement, and You will have no further access to your account or entitlements associated with your account. Bonuses lying in your Bonus Account shall return to us and you shall not have any right or interest on such Bonus Account.
You understand, acknowledge and agree that in such an instance, we are not required to provide you notice before taking action to suspend or terminate your account, temporarily or permanently banning your device from some or all First Games Offerings or selectively removing, revoking or garnishing entitlements associated with your account. If PFG terminates your account, you may not participate in First Games Service again without PFG express written permission. You may not allow individuals whose accounts have been terminated by PFG to use your account
Limitation of Liability and Damages -In no event, PFG or its affiliates or its contractors, agents, licensors will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the First Games Offerings, First Games Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the First Games Offerings, First Games Platform (including any and all materials) or any reference sites/app/platform/service, even if Paytm First Games has been advised of the possibility of such damages.
In no event, PFG or its affiliates, directors, employees, agents, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the First Games Offerings, First Games Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the First Games Offerings, First Games Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with PFG or its affiliates, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the rake commission paid by You, if any, for using the portion of the First Games Offerings or First Games Platform giving rise to the cause of action, or beyond or in excess Rs, 500 whichever is lower. In case you have won any reward / prize, then in such instances apart from the entitlement for that prize, You or your legal heirs / successors / representative do hereby agree and acknowledge that there will have no other rights or claims against us, or our owners/organizers/sponsors and affiliates. Notwithstanding anything, in case of any dispute, maximum aggregate liability of PFG, shall not exceed value of concerned rake fees or commission charged by us, or Rs. 500, whichever is lower.
You acknowledge and agree that PFG has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and PFG, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and PFG. PFG or its affiliates would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, PFG and its affiliate’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Indemnification - You agree to indemnify, save, and hold PFG, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, which shall include and not be limited to liabilities arising out of or related to: (i) breach or alleged breach of the representations or obligations by the customers; (ii) Your use or misuse of the First Games Offerings or of the First Games Platform; (iii) any violation by You of this Agreement or the SSOID Agreement; (iv) any breach of the representations, warranties, and covenants made by You herein; (v) any failure by the customers to comply with applicable law and (vi) any third party claim in respect of misuse of any information of a third party by You. PFG reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PFG or its affiliates, including rights to settle, and You agree to cooperate with us for defense and settlement of these claims. PFG will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
The Participants shall indemnify and keep indemnified PFG and their officers, directors, employees, customers, and affiliates harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which PFG may incur, pay or become responsible as sponsor/organizer/facilitator as a result of (i) breach or alleged breach of the representations or obligations by the Participants under the T&C hereunder; (ii) any failure by the Participants to comply with applicable law and (iii) any third party claim in respect of misuse of any information of a third party by the Participant. PFG shall have the right to defend themselves, pursuant to this clause, at the cost of the Participants. PFG or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Winner(s) or any third party, in connection with the Offer. It is expressly provided that transaction shall be between Participant & Paytm First Games only.
No Warranties -To the fullest extent permissible pursuant to applicable law, PFG and its affiliates and its third-party partners, disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You either from Paytm or from PFG or through the First Games Offerings or First Games Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “First Games” includes PFG officers, directors, employees and Paytm includes ‘Paytm’ officers, directors, employees. You expressly agree that use of the First Games Offerings on the First Games Platform is at Your sole risk.
Subject to any applicable laws; we disclaim warranties of any kind whatsoever, whether express or implied, including and not limited to, meeting of the end users requirements or aspirations, timeliness, security, the results or reliability of any offer, delay in sending or receiving the SMS for participating in any campaign, any type of delay by the participant / winner, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or prize/ gratification /awards acquired or obtained through the platform or any transactions effected through the First Games; and no advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind neither do we represent that the platform is fit, secure and stable for particular purposes. We shall not be liable in respect of default arising either due to commission or omission of any act, from any of the above part of this clause.
If any advertisements or purchases related to virtual coins are carried out through the third-party sites, Participants understand and agree that the said services are on independent basis and PFG is not responsible for authorization / denial of any such transactions. Such transactions are subject to and are undertaken in accordance with the terms and conditions specified by such third - party sites without any liability or obligation to PFG and you are required to independently verify and abide by the terms and conditions applicable for such third party sites.
It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally and You expressly agree that your participation is at your sole risk and is governed by the Terms herein. PFG or its affiliates does not warrant that the First Games Offerings will be uninterrupted or error-free or that defects in the site will be corrected. First Games Offerings and the First Games Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the First Games Offerings/First Games Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. This paragraph shall survive termination of this Agreement.
- Disclaimer and User Conduct:
Use of First Games is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit PFG right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of First Games.
- To the extent permitted under law,
- neither PFG nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees, licensors or associates shall be liable and or responsible for the deletion, the failure to store, the miss-delivery, or the untimely delivery of any information or material, or liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use First Games, even if Users have been advised of the possibility of such damages.
- We shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, First Games services or sites, cancellation of competition and prizes. We disclaim any responsibility for, and if a User pays for access to one of services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by maintenance of PFG on the servers or the technology that underlies our sites, failures of PFG or its technology partners, service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, We do not provide any warranty as to the content and the same is distributed on an "as is, as available" basis.
- in the event of suspension or closure of any services, events or contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
- We shall not be liable or responsible for opening an account or deactivating an open account, if it comes to our knowledge that due to some extraordinary conditions, a user account was previously closed and balances were paid to such user within 365 days of closure of previous account; and as such, it shall be our sole discretion.
- Any material accessed, downloaded or otherwise obtained through our platform is done at your discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to your computer system or loss of data that results from download of any such material.
- In order to ensure fair play for all Users, we may take steps that will prevent any collusion among users in order to win/lose or otherwise determine the outcome of a game and by accepting these Terms, you agree that you will not play any game in partnership with or by communicating with other Users to have undue benefits or to pass on the same to others. In the event we find collusion, fraud or any other unfair practices, we have the right to a) cancel such games and refund the points/amounts involved in any such game, b) b) withhold the amount remaining with us, and c) to cancel and close your account without any communication to you. We retain the sole right to determine what constitutes collusive or fraudulent activity in relation to the services, and our decision in such matters shall be final.
- We shall make reasonable endeavours to ensure that our services are error-free and secure, however, neither PFG nor any of its partners, licensors or associates makes any warranty that:
- First Games will meet Users' requirements,
- First Games Platform and First Games Offerings will be uninterrupted, timely, secure, or error free;
- results that may be obtained from the use of First Games will be accurate or reliable; and
- the quality of any products, First Games services, information, or other material that Users purchase or obtained through First Games will meet Users' expectations.
- In case if We discover any error, including any error in the determination of winners or in the transfer of amounts to a User's account, We reserves the right (exercisable at our sole discretion) to rectify the error in such manner as deemed fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, We agree to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
- Any First Games services, events or contest(s) being hosted or provided, or intended to be hosted or provided on First Games and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant First Games services, events or contest(s) are hosted or provided.
- Restrict / suspend or terminate any User's access to all or any part of services;
- Deactivate or delete 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 us 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 ensure that they can receive all communication from PFG by marking e-mails from PFG as part of their "safe senders" list. We shall not be held liable if any e-mail 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 PFG 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 us 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. We shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
- in the event if your account has been deactivated or suspended due to reasons as mentioned here in above (and decided at our sole discretion), then in such instances you shall not open another account for one year or such period of time as intimated by us.
- 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 First Games services or our platform.
- Users agree that without PFG’s express written consent, they shall not modify or cause to be modified any files or software that are part of First Games services.
- Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support First Games or First Games services (each a "Server"); or (2) the enjoyment of First Games services by any other User or person.
- Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt First Games services or any other person's use or enjoyment of First Games services.
- Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to First Games services by any means other than the User interface provided by PFG , 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 First Games services.
- If a User chooses a username that, in our opinion is obscene, indecent, abusive or that might subject us to public disparagement we reserve the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from First Games Offerings and or First Games Platform, deny such User access to First Games Offerings and or First Games Platform, or any combination of these options.
Ownership; Proprietary Rights - The First Games Offerings and First Games Platform are owned and operated by PFG and/or its affiliates. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the First Games Offerings and the First Games Platform provided by Paytm (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and PFG, all Materials, trademarks, service marks, and trade names contained on the First Games Platform are the property of PFG. You agree not to remove, obscure, or alter PFG / Paytm or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the First Games Offerings / First Games Platform. Except as expressly authorized by PFG, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserves all rights not expressly granted in this Agreement. If You have comments regarding the First Games Offerings and/or the First Games Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to PFG, and shall assign to PFG, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Our offerings and services are owned, licensed and operated and the First Games Platform including without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of First Games and each area contained therein are the property of PFG and/or its third-party content providers. PFG owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the First Games Platform (including, without limitation, content that we enable You to download) without the express written permission of PFG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. You acknowledge that the PFG and/or third-party content providers remain the owners of all materials posted on the website, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Trademark Notice: PFG, First Games Platform and/or First Games Platform, contents of First Games website, First Games Offerings and the logo, games are trademarks or registered trademarks of PFG in India and elsewhere. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission only. All rights not expressly granted herein are reserved.
Copyright Notice: All games, content and software ("Software") (if any) that is made available to view and/or download in connection with the First Games Platform is owned by and is the copyrighted work of PFG and/or its suppliers and is protected by copyright laws and international treaty provisions. For any Software, PFG hereby grants to the user, a revocable, personal, non-transferable license to use the Software for viewing and otherwise using the First Games Platform in accordance with these Terms of Service, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. You will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
- Notice - We may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the First Games Platform or by any other reasonable means. Except as otherwise set forth herein, notice to PFG must be sent by courier or registered mail to Paytm First Games Private Limited, Attn – Legal Department, B - 121, Sector - 5, Noida, Uttar Pradesh 201301, India
Dispute Resolution -If any dispute, controversy or claim arises under this Agreement or in relation to any First Games Offerings or the First Games Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (here in after Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably.
You agree that any claim or dispute You may have against PFG and its affiliates must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
- Survival Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
- Headings The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement This Agreement is the entire agreement between You and Paytm First Games relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Paytm First Games in accordance with the terms of this Agreement.