Capital Source Technologies Private Limited
(Operating under the Brand “Circle of Games” & “COG” )
The information on the Platform is not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Platform while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.
The Platform is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Platform.
A. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content, and the Marks.
B. USER REPRESENTATIONS
The Company reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of the Company’s services in certain countries or regions.
C. USER REGISTRATION
You may be required to register with the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
D. PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with the Company.
Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use a buying agent or purchasing agent to make purchases on the Platform.
Use the Platform to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Platform.Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as mentioned in (2.5).
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Platform in order to harass, abuse, or harm another person.
Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
Use the Platform in a manner inconsistent with any applicable laws or regulations.
Engage in any practice that aims to manipulate the outcome of any Company game, whether in the arena or tournaments. All players should play to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited.
E. SAFETY PRECAUTION AND RESPONSIBLE GAMING
The Company suggests that Users adopt a balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, competitiveness and encourage teamwork.
You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs Avoid playing without breaks over long periods of time as this could affect your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.
The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult for medical assistance.
If You play any mobile games on the Platform, give yourself plenty of room to play and always be aware of Your surroundings. While playing any mobile game You may be moving around the play area and using Your hands to control gameplay.
You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any mobile game on the Platform.
It is Your responsibility to control Your surroundings and movements at all times when playing the game to ensure that You don’t injure Yourself, any other persons, damage any property etc. Any playing of the mobile games is at Your own risk and the Company shall not be liable for any death, injury or health complications resulting from Your use of the Platform.
You agree that Your use of the Platform and to play the mobile games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.
You hereby agree that if the terms of this Use Term are not adhered by You, The Company will be irreparably damaged, and therefore You agree that the Platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Use Term, in addition to any other remedies available under Applicable Law.
F. FEE AND PAYMENT
We provide some services for real money to obtain a limited license and right to use virtual assets/ Items and/or other goods or services.
When you make a purchase, the payment page will let you know what payment methods you can use to pay. The price of the services/ product will be the price indicated on the order page when you place your order. Your purchases shall be confirmed through notification or confirmation email. We keep records of transactions in order to handle any future questions about that transaction.
When you make purchases of virtual Items in our games on other platforms such as Facebook, Apple, or Google, we are not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions.
You understand that while you may “earn,” “buy,” or “purchase” virtual Items in our Platform, you do not legally “own” the virtual items and the amounts of any virtual Items do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
Purchases from the Platform or marketplace will be also done through smart contracts on a blockchain using a wallet. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Platform or using the smart contracts, or any other transactions that you conduct via any blockchain network.
Blockchain network requires the payment of a transaction fee (a “Transaction Fee”) for every transaction that occurs on the blockchain network. The Transaction Fee funds the network of computers that run the decentralized blockchain network. This means that you will need to pay a Transaction Fee for each transaction that occurs via the Platform.
As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Platform (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer of any assets).
ALL PURCHASES MADE ARE NON-REFUNDABLE TO EXTEND ALLOWED BY LAW AND WE ARE NOT RESPOSIBLE TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, EITHER VOLUNTARILY OR INVOLUNTARILY, OR NO MATTER WHICH PLATFORM YOU MADE YOUR PAYMENT THROUGH.
For all billing support, please contact us at : email@example.com
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform(“Submissions”) provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
H. THIRD-PARTY WEBSITE AND CONTENT
The Company allow advertisers to display their advertisements and other information in certain areas of the Platform such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Platform, and any services provided on the Platform, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
J. FORCE MAJEURE
The Company shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to you as a result of playing Mobile Games or using the services offered by the Company 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 that affects the Company’s ability to offer the services or/and the Mobile Games on the Platform. Force majeure or other event beyond Company’s control hindering, delaying or complicating the maintenance of the Platform entitles Company to suspend or limit the Platform until further notice.
If the Company terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
L. GOVERNING LAW & DISPUTE RESOLUTION
All or any disputes arising out of or touching upon or in relation to this Term of Use including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications thereto for the time being in force.
The arbitration proceedings shall be held at Bangalore, Karnataka by a sole arbitrator who shall be appointed by the Company and whose decision shall be final and binding upon all the parties.
Subject to the arbitration clause, the courts at Bangalore, Karnataka alone shall have the jurisdiction. The language of the arbitration proceedings shall be in English.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE Platform IS AT YOUR SOLE RISK, AND THAT THE Platform IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PLATFORM AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE PLATFORM, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(I) YOUR ACCESS TO OR USE OF THE Platform WILL MEET YOUR REQUIREMENTS,
(II) YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(III) USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE,
(IV) THE PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, AND RONIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP.
N. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE THREE (03) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) FIFTY (50) US DOLLAR.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU WITHOUT THESE LIMITATIONS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by third party due to or arising out of:
(1) use of the Site,
(4) your violation of the rights of a third party, including but not limited to intellectual property rights, or
(5) any overt harmful act toward any other use of the Platform with whom you connected via the Platform.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
P. USER DATA
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
In accordance with the Information Technology Act 2000 and rules made thereunder, the Company has a Grievance Officer to address Your concerns regarding data safety, privacy, and the Platform usage concerns including complaints You have against other users on the Platform.
The Company will resolve these issues raised by You within 30 (thirty) days from receiving them.
You may contact the Grievance Officer at the following: Email: firstname.lastname@example.org
(Last Updated: August 17, 2022)
© Capital Source Technologies Private Limited, 2022.