- Acceptance of Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE OR GAMES. BY ACCESSING THE WEBSITE OR GAMES OR USING ANY PART OF THE WEBSITE OR GAMES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICES, THEN YOU MAY NOT ACCESS THE WEBSITE OR GAMES.
If you wish to become a Member, communicate with other Members and make use of the Website game and Services, please read this ToS and indicate your acceptance by following the instructions in the Registration process. Nothing in these ToS should be construed to confer any rights to any third party.
- Minors
No person below the age of 18 years shall use the Website or games or avail its services. You must be at least 18 years of age to access the Website.
Any User whose age is below than 18 years, who gains unauthorized access to the Website and games is in breach of this ToS and may face immediate termination of any or all accounts held by such User for any area of the Service. If you reside in a jurisdiction where the age of majority is greater than 18 years old, you are prohibited from accessing the Service until you have reached such age of majority. Mindhive Labs cannot absolutely control whether minors gain unauthorized access to its website and games.
- Description Of Service
The games on the Website are skill-based market contests that allows Members to impart their knowledge, accept our expert challenges and compete for prizes. The Website and games may include, without limitation, text, User comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips.
The User will be provided with 10,00,000 points at the time of successful registration. You may start using the Service as soon as you have finished the sign-up process. Subject to the conditions of ToS, the name of the players will be displayed in weekly, monthly and overall leader’s category, however, permission will be obtained for displaying the name of the players in the leader list. Profiles of the User will be public, however, the e-mail ID will not be displayed. Messages can be posted on any persons’ scratch board, which is not enabled with a chatting mechanism. The User may post blog and share comments and content with other users through the Websites. If you create a blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
Mindhive Labs reserves the right to edit or delete any information you optionally put into a publicly available profile about yourself or User Content that you post or submit at any time. Mindhive Labs shall be under no obligation to (1) maintain any information in your public profile or User Content in confidence; (2) to pay to you any compensation for any User Content; or (3) to respond to any of your User Content. PLEASE BE AWARE THAT THE INFORMATION IN PUBLIC PROFILE AND USER CONTENT IS PUBLICLY AVAILABLE TO ANYBODY WHO VISITS THE WEBSITE OR PARTICIPATES WITH YOU IN ONLINE SERVICES/ GAMES. MINDHIVE LABS WILL NOT BE LIABLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM THE PUBLIC DISPLAY OF THE INFORMATION YOU CHOOSE TO ENTER INTO YOUR PUBLIC PROFILE.
Mindhive Labs has the right, but not the obligation, to monitor Content submitted to its website through an online discussion forum or as a blog, to determine compliance with these ToS and any other applicable rules that Mindhive Labs may establish. Mindhive Labs has the right in its sole discretion to edit or remove any material submitted to or posted in any online discussion forum or as blog provided through this website. Without limiting the foregoing, Mindhive Labs has the right to remove any material that Mindhive Labs, in its sole discretion, finds to be in violation of these ToS or otherwise objectionable, and you are solely responsible for the Content that you post to this website.
You understand and agree that the Service is provided “AS-IS” and that Mindhive Labs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Mindhive Labs may change, suspend or discontinue its website or Games (including any part thereof) for any reason, at any time, including the availability of any feature or part of the available content. Mindhive Labs may also impose limits on certain features and services or restrict your access to parts or all of the Website or Games without notice or liability. Mindhive Labs may delete your profile/ account if we are informed that the same is being used for a purpose that is against the intentions of Mindhive Labs or its website or the Services.
- Registration Obligations
By your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic of India or other applicable jurisdiction.
You are required to register with Website by using your valid e-mail address (“Lords of Odds Username”) and log in with your selected password or given Personal Identification Number (PIN). You also agree to (a) provide your year of birth, gender and complete communication address, which is true, accurate, current and complete information about yourself as mandatorily prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Also the User is liable to disclose his age correctly, as the Mindhive Labs does not have technology for the effective determination of actual age of the User. However, if you provide any information that is untrue, inaccurate, not current or incomplete, or Mindhive Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mindhive Labs has the absolute right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Mindhive Labs is concerned about the safety and privacy of all its users.
- Member Account, Password And Security
Upon completing the Service’s registration process, you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mindhive Labs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mindhive Labs cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Mindhive Labs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Mindhive Labs does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Mindhive Labs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) invite and/ or minors (persons who are below at the age of 18) in any way;
(c) impersonate any person or entity, including, but not limited to, a Mindhive Labs official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, any rules of any national and any regulations having the force of law;
(k) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Republic of India as a foreign enemy;
(l) “stalk” or otherwise harass another; and/or
(m) collect or store personal data about other users
You also agree not to engage in the following Prohibited Content and Activities (including but not limited to):
1. Modifying, adapting, translating, decompiling, disassembling or reverse engineering any portion of the Website service, either directly or indirectly; or rent, lease, or otherwise transfer any of the rights that you receive hereunder.
2. Engaging in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service, including information.
3. Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
4. Reformatting or framing any portion of the web pages that are part of the Website service.
The Website service is made available for your personal use only. You may not use the Website service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence.
You acknowledge that Mindhive Labs may or may not pre-screen Content, but that Mindhive Labs and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Mindhive Labs and its designees shall have the right to remove any Content that violates the ToS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Mindhive Labs may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the ToS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Mindhive Labs, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Mindhive Labs and/ or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Gambling Prohibition:
The service provided through the Website is strictly for entertainment purposes and may not be used in connection with any form of gambling or other such gaming activities, which may violate any applicable local, state, national or international law, including, any rules of any national and any regulations having the force of law.
- Modifications to Terms of Service
Mindhive Labs reserve the right, at its sole discretion, but without the obligation to modify or replace the ToS (including any part thereof) at any time without specific or general notice.
If the alterations constitute a material change to the ToS, Mindhive Labs will endeavor to make prominently visible on the Website a notice evincing such modification. What constitutes a “material change” will be determined at its sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for regularly reviewing these terms and becoming familiar with any such modifications. Your use of the Website or Games following any modification constitutes your acceptance of the terms and conditions of the ToS as modified.
This ToS includes Mindhive Labs policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and Mindhive Labs Privacy Policy.
- Intellectual Property
The ownership of the Intellectual Property Rights created during the performance of Services hereunder shall vest entirely with MindHive Labs. Any and all of the Intellectual Property Rights created, developed, subsisting or used in connection during the existence of and after the discontinuation of the website, if the same may arise, but in connection with these services shall be the sole ownership of MindHive Labs.
All materials contained on the Website and Games, including without limitation text, graphics, icons, images and software, copyrights, moral rights, and mask-works, trademark trade name, trade dress rights and similar rights, trade secret rights, all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) including logos, “rental” rights and rights to remuneration, whether arising by operation of law, contract, license, common law or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions, objections or reissues hereof now or hereafter in force including any rights in any of the foregoing are the property of MindHive Labs, its Licensors or its content suppliers and are protected by Indian laws. The compilation of all content on this site is the exclusive property of Mindhive Labs. You may not alter or remove any Intellectual Property or other notice from copies of content.
Mindhive Labs respects the law relating to intellectual property and expects our account holders to do the same. Unauthorized copying or distribution of protected works is an infringement of the holders’ rights. Mindhive Labs may terminate the account of any User who Mindhive Labs believes, in its sole discretion, has infringed upon the intellectual property right of others.
MindHive Labs, and its affiliates and licensors own and retain all rights in the Website and Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Mindhive Labs, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Mindhive Labs proprietary information. “Lords of Odds” and “lordsofodds.com” are trademarks of MindHive Labs.
All other trademarks used on the Website are the property of their respective owners.
- Indemnity
You agree to indemnify and hold Mindhive Labs, as well as its parent, subsidiaries, affiliates, officers, shareholders, employees and independent contractors harmless from any loss, liability, damages and expenses (including without limitation to reasonable attorneys’ fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the Website and games, your violation of these ToS, or your violation of the rights of any third party.
Mindhive Labs will not be liable in case:
there is a reduction in points irrationally and Mindhive Labs cannot be able to rectify the points;
name of the players in the leader list cannot be displayed properly; and
for sharing the information due to hacking or other unauthorized intrusion into the website or the information contained therein.
- Termination
Mindhive Labs may terminate or suspend any User account immediately, without prior notice or liability, if you
(a) breach any of the terms or conditions of the ToS, or
(b) engage in any conduct that Mindhive Labs, in its sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Mindhive Labs, any of its User, or any third party.
Upon termination of your account, your right to access and use the Website and games will immediately cease. All provisions of the ToS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations and limitations of liability. If your account is terminated, Mindhive Labs may, but are not required to, remove some or all of your content from its servers.
- Reservation of Rights; Restrictions
All rights not expressly granted to you by Mindhive Labs in this ToS are reserved. You understand and agree that
i. any software provided to you in connection with Mindhive Labs is licensed to you and not sold, not withstanding the use of words such as “buy,” “purchase,” “sell,” and the like; and
ii. Mindhive Labs and its licensors retain title to the Website and games (and all modifications, improvements and derivatives thereof) and all associated copyrights, trademarks, and other intellectual property rights therein.
By participating in any offline event provided by the Website, you agree to release and hold Mindhive Labs harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or ind
irectly related to or arising from your participation in any such offline event.
- Term and Termination
These Terms of Service will apply to your use of the Mindhive Labs Service. You may terminate your membership immediately at any time, for any reason, by sending us a message here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Mindhive Labs Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
- Notices
Mindhive Labs may provide you with notices regarding its Service or these ToS by regular mail, email, or postings to this website.
- Non Commercial Use by Members
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Mindhive Labs. Illegal and/ or unauthorized use of the Website, including collecting usernames and/ or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Mindhive Labs for any illegal or unauthorized use of the Website.
- Proprietary rights
By submitting, posting or displaying any Materials on or through the Mindhive Labs Service, you automatically grant to us a worldwide, non-exclusive, sub-licenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.
- Warranty Disclaimers
Third Party Content
Some of the content displayed in connection with the Website and Games is developed by people over whom Mindhive Labs exercises no control. Accordingly, the Website and Games may include or direct you to sites containing content that some people find objectionable, inappropriate, or offensive. Mindhive Labs cannot guarantee that your use of the Website and Games will not expose you to unintended or objectionable content and Mindhive Labs assumes no responsibility for what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of having been exposed to the content. You hereby release Mindhive Labs from all liability for you having acquired or not acquired content through the Website and Games. Mindhive Labs makes no representations concerning any content contained in or accessed through the Website and Games, and Mindhive Labs will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website and Games.
Links
The Website and Games may provide, or third parties may provide, links to other World Wide Web sites or other resources. Because Mindhive Labs has no control over such sites and resources, you acknowledge and agree that Mindhive Labs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Mindhive Labs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Limitation of Liability
You expressly understand and agree that Mindhive Labs and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mindhive Labs has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
- Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the ToS and you do not have any authority of any kind to bind Mindhive Labs in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Mindhive Labs shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Mindhive Labs reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The ToS is not assignable, transferable or sub-licensable by you except with Mindhive Labs prior written consent. Mindhive Labs may transfer, assign or delegate the Terms of Service and its rights and obligations without consent.
- Governing law and Arbitration:
The ToS shall be governed by and construed in accordance with the laws of India. Any disputes arising with respect to this Agreement shall be adjudicated by a sole arbitrator to be appointed by MindHive Labs. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be conducted in Mumbai, India using the English language and pursuant to the rules of the Indian Arbitration and Conciliation Act, 1996 or any enactment of statute that may have amended or accordingly replaced the same. It is agreed that the ToS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service and that all modifications, except as otherwise provided herein, must be in a writing signed by both parties.
- Disclaimers
Mindhive Labs is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Mindhive Labs is not responsible for the conduct, whether online or offline, of any User of the Website or Member of the Service Mindhive Labs assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Mindhive Labs is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or Members due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/ or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/ or in connection with the Service. Under no circumstances shall Mindhive Labs be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Mindhive Labs expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mindhive Labs cannot guarantee and does not promise any specific results from use of the Website and/ or the Service.
- Disclaimer of Warranties.
MindHive Labs and any affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Mindhive Labs Service. MindHive Labs disclaims any and all responsibility and liability for the conduct of any Member.
- General Information
Without limiting the foregoing, under no circumstances shall Mindhive Labs be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree that your use of the Mindhive Labs Service and the Website is entirely at your own risk. This ToS is accepted upon your use of the Website and its Services and is further affirmed by you becoming a Member of the Service. This ToS constitutes the entire agreement between you and Mindhive Labs regarding the use of the Website and/ or the Service. The failure of Mindhive Labs to exercise or enforce any right or provision of this ToS shall not operate as a waiver of such right or provision.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
The Game on the Website and all accompanying materials are copyright © 2007 of MindHive Labs.
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