Welcome to Playota (“Platform”), the world’s first blockchain based fantasy game. Playota is operated by Gamota LLC, a company registered under the provisions of the Limited Liability Companies Act, Chapter 151 of the Revised Laws of Saint Vincent and the Grenadines, 2009 with its registered address at Euro House, Richmond Hill Road, Kingstown, Saint Vincent and the Grenadines PO 2897 (“We”, “Us”, “Our”).

Before you start playing, please read these terms of service (“Terms”) carefully. By accessing, downloading or using the Platform, you agree to abide by these Terms.

This Policy must be read in conjuction with the Platform’s Privacy Policy and Game Rules . In the event you do not agree to the Terms, we request you to desist from accessing, downloading or using any services associated with the Platform.

For ease of reference, the following terms are described below:

• Contest shall mean and include any online game made available by Us that is offered on the Internet and is accessible through a computer resource or mobile device. This includes Playota, the online blockchain based fantasy game.
• User shall mean any registered user of the Platform (“you”). If you access the Platform on behalf of any juristic entity or any other person, you represent and warrant that you are authorised to do so and have the authority to bind such entity or person to these Terms. In such cases, the words “you” and “your” shall refer to such an entity or person irrevocably.
• To play on the Platform, you must create an account on the Platform. You are responsible for maintaining the security of your account and for any activity that occurs under your account. If you suspect that your account has been compromised, please contact us at [email protected]
• Platform shall mean and include the website based and mobile based Playota application. The mobile based application can be accessed through or downloaded from Google Play Store or the Apple App Store.
• Winnings shall mean and include any prize that is distributed or intended to be distributed to you based on your performance in the Contest and according with rules of such online game.

Game Rules

Our game has rules you must follow. These rules are designed to ensure a fair and enjoyable gaming experience for all players. If you violate any of these rules, we retain the right to suspend, terminate or undertake any other action as We deem fit. Click here to access the game rules.

Third Party Sites, Service and Products

• The Platform 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. We do not exercise any control over any internet sites apart from the Platform and cannot be held responsible for any content or information residing in any third-party internet site. The inclusion of any third-party content or links to third party internet sites do not constitute an endorsement by Us.
• Your correspondence, transactions and usage of service or offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted by such third party. You shall be solely responsible for reviewing the third parties’ terms and conditions and other policies prior to transacting or availing services/offers with third parties. Any questions, complaints or claims related to any third party product or service should be directed to the appropriate vendor.
• The Platform contains content that is created by Us and third parties. We do not guarantee the accuracy, integrity, quality of the content made available by third parties.

Privacy and Data Protection

Please refer to the Platform’s Privacy Policy to understand how We collect, process and use your personal information. We deploy the industry standard and legally mandated safeguards to keep the information collected by Us secure and confidential.

User Account

• By creating an account on Playota, you acknowledge and accept that you have attained the age of majority as prescribed under applicable law in your jurisdiction.
• In order to play on the Platform, you agree that you will register only one account. At any time, you can have only one account and operate that one account on the Platform. You cannot operate multiple accounts on the Platform. In other words, while We allow you to register with Playota via Telegram, Metamask and Facebook, you agree to participate on the Platform only via one of these channels.
• By creating an account on Playota and participating on the Platform, you acknowledge and accept that your participation and engagement on the Platform is permitted under applicable law and is not legally restricted or prohibited.
• We reserve the right to ban, terminate, restrict or limit access to your account if it is found that you are engaging in activities to manipulate the Platform, gain unauthorized access, gain undue advantage or engage in conduct that violates any of the terms contained under these Terms or any other platform policy.

Termination of Accounts

• We retain the right to suspend or terminate your account at any time for any reason with or without notice. If we terminate your account, you may lose access to any cryptocurrencies or other in-game assets that you have accumulated.
• We may suspend or terminate your account if:

• You are in breach of any terms and conditions contained under these Terms or any of our platform policies;
• We are unable to verify or authenticate any information provided by you;
• We have reasonable grounds to suspect illegal, fraudulent, spammy or abusive activity on your part;
• In our sole discretion, if we have reasons to believe that your actions jeopardize the user experience, comprises the confidentiality, integrity and availability of personal data or disrupts access to the Platform in any manner.

Intellectual Property

• All intellectual property rights related to the Platform, including but not limited to trademarks, copyrights, and patents, are owned by Us. You shall not use any of these intellectual property rights without our prior written consent.
• You are solely responsible for all materials (whether publicly posted or privately transmitted) that you upload, post, e-mail, transmit or make available on the Platform (“your content”).
• You represent and warrant that you own all intellectual property rights in your content and no part of your content infringes any third-party rights.
• You hereby grant to Us and our affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit or publish your content for any of the following purposes:

• Displaying your content on the Platform;
• Distributing your content, either electronically or via other media, to other users seeking to download or otherwise acquire it;
• Storing your content in a remote database accessible by end users, for a charge;
• This license shall apply to the distribution and the storage of your content in any form, medium or technology.

Disclaimer

THE PLATFORM IS PROVIDED “AS IS'' AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

WE, OUR DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS DO NOT WARRANT THAT: THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS.

THE CONTEST INVOLVES AN ELEMENT OF FINANCIAL RISK AND MAY BE ADDICTIVE. BY PLAYING THE CONTEST, YOU AGREE TO PLAY RESPONSIBLY AT YOUR OWN RISK.

Indemnity

You shall defend, indemnify and hold harmless Us, our affiliates, subsidiaries, joint venture partners, contractors, directors, suppliers and representatives from all liabilities, losses, claims and expenses, including reasonable attorney’s fees that may arise from or relate to:

• Your use, misuse or access to the Platform;
• Your infringement of Intellectual Property Rights arising out of your use of names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform;
• Your violation of these Terms, Privacy Policy or applicable law. We reserve the right to assume exclusive defense and control any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in a connection therewith.

We are not liable for any damages or losses that you may incur as a result of accessing or using the Platform or the cryptocurrencies used on the Platform. This includes, but is not limited to, damages for lost profits, lost data or other intangible losses.

Limitation Of Liability

• You agree that you voluntarily choose to access, download, use the Platform and Contest(s) at your own risk. We shall, under no circumstances be held liable on account of any loss or damages sustained (including but not limited to any accident, injury, death, loss of property) by you or any other person or entity during the course of access to the Platform and the Contest(s) or as a result of acceptance of any prize.
• We accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of ourselves or third parties in relation to the prizes.
• TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:

• FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
• FOR YOUR RELIANCE ON THE SERVICE;
• FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 10,000/- (in case of India) and USD 150 (in case of countries other than India);
• FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES

4. In consideration of Us allowing you to access the Platform, to the maximum extent permitted by law, you 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 Us, our 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 the Platform, Contests or the Winnings of the Contests.

Governing Law and Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of India, without regard to the conflict of laws. All claims, differences and disputes arising under or in connection with the Platform, these Terms or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, India.
• By accessing, downloading or interacting with the Platform, you accept the jurisdiction of such courts.

Grievance Redressal Mechanism

• In case you have any complaints or grievances related to (i) any content you believe that violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism of such claims; (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 [email protected].
• The name and title of the Grievance Redressal Officer is as follows:

Name: Manikandan S
Designation: Grievance Redressal Officer
Email: [email protected]
Address: No. 1090C, 3rd Floor, 14th Main, 18th Cross Rd, Sector 3, HSR Layout, Bengaluru, Karnataka 160102

The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000, the Consumer Protection Act, 2019 and the Rules enacted under those laws. We retain the right to replace the Grievance Redressal Officer at our sole discretion through the publication of the name and title of such replacement on the website, which replacement shall come into effect immediately on publication.

3. In your complaint or grievance, please include the following information:

• Your name;
• Your relation to the subject matter of the complaint i.e. complainant or person acting on behalf of an affected person;
• The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
• Description of the complaint or grievance with clear identification of the content in relation to which such complaint or grievance is made;
• A statement that you believe, in good faith, that content violates these Terms
• A statement that the information provided in the complaint or grievance is accurate.

Enquiries regarding Legal Compliance

• Under Indian law, games of skill are permitted and excluded from the ambit of gambling regulations. Playota is a game of skill since the success of participants depends on their knowledge and ability to apply that knowledge relative to other players in a particular territory and format. By participating in the Contest, you acknowledge that it is a game of skill.
• In case of any queries regarding compliance with applicable laws or any relevant third party information or communication link please do not hesitate to address your questions to:

Name: Santosh H
Designation: Chief Compliance Officer
Email: [email protected]

3. We retain the right to replace the Chief Compliance Officer at our sole discretion through the publication of the name and title of such replacement on the website, which replacement shall come into effect immediately on publication.

Coordination with Law Enforcement

1. In case of correspondence and coordination with law enforcement authorities to ensure compliance with orders or requisitions made, please do not hesitate to write to:

Name: Eashwari Nair
Designation: Nodal Officer
Email: [email protected]

2. We retain the right to replace the Nodal Officer at our sole discretion through the publication of the name and title of such replacement on the website, whose replacement shall come into effect immediately on publication.

Modification of Terms

At our sole discretion, we shall modify these Terms or any other allied policy at any time. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment our transfer. By continuing to use the Platform after any modifications to the Terms, you agree to be bound by the modified Terms.

Miscellaneous

• In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary. The validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
• Acceptance of a prize by the Winner constitutes as permission for Us and our affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without additional consents or compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by Us without any charge. The exact dates remains at Our sole discretion. Promotional activities may include but are not limited to press events, internal meetings or functions.
• Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Anti Money Laundering

We are committed to preventing money laundering, financing of terrorism and related illegal activities. The Anti-Money Laundering Policy (“AML Policy”) is to ensure that the Contest and the Platform are not used to facilitate any criminal offenses or violate applicable law, including but not limited to the Prevention of Money Laundering Act, 2002. To access the comprehensive policy, click here.

General Conditions

1. If it comes to Our notice that any governmental, statutory or regulatory compliances or approvals are required to conduct any Contest(s), then We shall withdraw, suspend or cancel such Contest(s) without prior notice to you or any winners of the Contest(s). You agree not to make any claim in respect of such cancellation or withdrawal of the Contest in any manner.

2. Our Employees are not eligible to participate in any Contest(s)

Entire Agreement

These Terms represent the entire agreement between Us and you regarding your use of the Platform.

REFERENCE

If you have any questions regarding the use of the Platform, please do not hesitate to write to [email protected]. Please note that for the purpose of validation, you may be asked to provide information (including, but not limited to your email address, contract number etc.) to identify and authenticate your request. To understand how we collect, process and store your information please refer to our Privacy Policy.

Changes to this Policy

We may change or update these Terms in due course of time. We may assign or transfer these Terms with you including our associated rights and obligations at any time and you agree to corporate with us in connection with such an assignment or transfer. We recommend that you periodically check this page for any revised terms. Your continued use the Platform will be deemed to constitute an acceptance of the revised terms.

Apple Inc. and its subsidiaries are not responsible for Playota and its content. Apple does not endorse, sponsor or promote the use or distribution of Playota