TERMS AND CONDITIONS OF USE
This website is owned and operated by First Stock Contest Private Limited hereinafter referred to as “the Company” or “we” or “us” or “our”). The Company, through its the mobile application namely, “RAINMAKER” (hereafter referred to as “Platform”) operates a portal through which it offers stock and cryptocurrency market based online fantasy games.
Platform, as used herein shall be construed as a collective reference to the Company’s website portal and sub-pages as well as the Rainmaker Mobile Application.
1.1. In order to avail our Services, you must be of 18 years of age or older, or the age of majority in your country. The Company has the right to terminate any account wherein the User is found to be below the age of 18 years or under the age of majority in your country.
1.2. We may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telangana, Meghalaya or Tamil Nadu (Excluded States) may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where users are required to pay to enter. In the event it is indicated by you, or found by us, that you are a resident of either of the Excluded States, you will not be permitted to proceed to sign up for any event in the paid version of the Contest.
1.3. You can register to the service by signing up via OTP verification through your Mobile number and by providing your full name and email address. You agree that the basic information, personally identifiable information, provided by you are true, complete, and accurate, and agree not to submit any particulars which are false or any information to which you do not have any right or authority to provide. You are solely responsible for safeguarding your account and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, irrespective of whether you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your password or your account, upon becoming aware of any such discrepancy. Without limiting any other terms of these Terms and Conditions, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
1.4. You agree to use all our Services, in accordance with the applicable laws, rules and regulations, or any other specific restrictions on the use of the Service or content therein.
1.6. To find more information about our Services, or if you need any assistance with our Services, please write to us at <[*contact Us page link]>.
1.7. The Company is committed to safeguarding that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app for maintenance at any time. If such situations cause an interruption of paid-for Services for a reasonable duration, the Company shall not bear any liability to you and/or to any third parties. The Company will make attempts on a best-efforts basis to let you beware of any scheduled maintenance to such extent as is possible. Additionally, the Company shall be entitled to modify these Terms and Conditions, rules, and regulations referred to herein, at any time, by duly posting the same on the Platform.
1.8. You agree not to: circumvent, remove, degrade, deactivate, or thwart any of the contents of our service; use any robot, spider, scraper, or other means to access our service. You also agree not to decompile, reverse engineer, and disassemble any software or other products or processes accessible through our service. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of our service. We may terminate or restrict your use of our service if you violate these Terms and Conditions or engaged in any illegal or fraudulent use of our service.
1.9. Further, the Company may also collect from its user the information regarding their employment, profession, or status of vocation etc. If in any case User indicates or the Company comes to know or the Company reasonably believes that –
a. a particular User is in possession of or access to any information irrespective of its means, relating to any company or its securities, directly or indirectly which is not available in the general course with the public at large and upon being disseminated, such an information may have material effect on the price, price movement or performance of the stock/cryptocurrency of that company or;
b. such a User is or has been associated to any listed company, directly or indirectly, or is or has been connected to such company in a contractual, fiduciary or employment relationship or is or was a director, officer or an employee of the company or holds or held any position including that relationship in the nature of being a professional or business relationship between the User and the company irrespective of it being temporary or permanent, that allows such User to access or possess, whether directly or indirectly, to any information as defined above or if such a User is reasonably expected to have been allowed such access to such information.
1.10. If the Company charges its Users a Platform administration fee in respect of any Contest, the Company shall, without delay, refund such Platform fee in the event of suspension or removal of the User’s account or suspension of the Contest on account of any negligence or deficiency on the part of the Company, but not if such suspension or removal of User’s account or suspension of the Contest is effected due to:
a. any breach or non-performance or inadequate performance by the User of any of these Terms and Conditions; or
b. any circumstances beyond the reasonable control of the Company.
c. any order or directions passed by any statutory authority and /or judicial/ quasi- judicial authority.
1.11. Users consent to receiving communications such as announcements, administrative messages, and advertisements from the Company and/or any of its affiliates, subsidiaries, associates, licensors and partners.
2.1. As part of its services, we may make available the Contest(s) on the Platform and all Users agree to abide by the same. The Contest(s) across the Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by(a) Game Rules available at <[*game rules’ link]>; and (b) other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s). Currently, following contests are made available on the Platform: (i) a 6-stock contest, (ii) a 9-stock contest, (iii) a 6 cryptocurrency contest, and (iv) a 9 cryptocurrency contest. Users are invited to select the exchange and create their own portfolio consisting of real-life stocks/ cryptocurrencies to which this fantasy game relates.
2.2. Depending upon the circumstances and performance of each stock/ crypto, the Users can edit their portfolio, however, once the portfolio is placed, the Users cannot edit their portfolios. We reserve the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond our reasonable control.
2.3. The Platform shall endeavor to send communications through website notification, emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
2.4. The calculation of points, selection, declaration, and verification of the winner thereof, shall be in accordance with the Game Rules of the Platform, available at <[*game rules’ link]>, and our decision with respect to the same shall be final, binding and non-contestable.
2.5. Currently, there are paid versions of the Contest(s) made available on the Platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform administration fee for accessing the Services and pre-determined User’s contribution towards prize money pool.
2.6. Publicity: Acceptance of a prize by the winner constitutes 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 any further permissions or consents and / or additional 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 of such purposes remain the sole discretion of the Company and such promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
3. THIRD PARTY SITES, SERVICES AND PRODUCTS
3.1. You understand and agree that the Platform, or communication by the Company via email and/or your account, 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 the sites. The Company does not exercise control over any internet sites apart from its own, and we have not reviewed, and do not review, all the material, including goods or services, made available through third-party sites, and thus cannot be held responsible for any content residing in any third-party internet site. We therefore urge you to kindly make an informed choice in interacting with such third-party sites and ensure that you are familiar with the policies of such sites before you proceed with engaging with such third-party sites.
3.2. The availability of these links on the Platform does not represent, warrant, or imply that we endorse any third-party sites or any materials, opinions, goods, or services available on them. Third party materials accessed through or used by means of the third-party sites may also be protected by copyright and other intellectual property laws.
3.3. Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User 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 the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that the Company 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.
4.1. Referral/ Cash Reward:
a. The User may refer anyone to play on the Platform and such person is known as ‘referral’. In the event of a successful referral, which is when the referral has signed up with the Platform, the User will receive rewards through their referral’s activities.
b. The User shall receive an amount of INR 10/- or as may be decided otherwise with respect to certain ongoing promotions or activities, in the event of a successful referral, and a referral or cash reward is a 100% usable reward that gets credited to the User’s usable cash balance and can be redeemed up to a 100% value of the contest entry fee.
c. The User shall receive an amount of INR 10/- or as may be decided otherwise with respect to certain ongoing promotions or activities, in the event of a successful referral, and a referral or cash reward is a 100% usable reward that gets credited to the User’s usable cash balance and can be redeemed up to a 100% value of the contest entry fee.
4.2. Bonus Cash/Coupon:
a. Bonus cash or coupons are either promotional or task based in-app rewards which can only be used up to 10% value of the contest entry fee.
b. The task/ achievement to be performed for such receiving such bonus amount are:
ii. Signup through affiliates or strategic partners
iii. In-app game milestones as you may be notified from time to time
c. We reserve the right to: (i) withhold the deposit of the Bonus Amount; and/or (ii) forfeit any deposited Bonus Amount; and/or (iii) deactivate the accounts of the User, in the event that it determines or reasonably believes that such User has violated these Terms or the terms and conditions of the Platform.
d. Mere participation in the program does not entitle the User to receive any Bonus Amount.
5. PAYMENT TERMS
In respect of any transactions entered into on the Platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
5.1. The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated Platform fee for access to the Services charged by us and pre-determined User’s contribution towards prize money pool. Subject to these Terms and Conditions of Use, all amounts collected from the User are held in a separate non-interest earning Escrow Account with an agent (“Escrow Agent”), which is responsible for management of user account and prize pool, until determination of the Winners and distribution of prizes occurs.
5.2. We receive only our share of the Platform fee through the said Escrow Agent and have no control over the User Funds held by the Escrow Agent in a dedicated non-interest earning Escrow Account.
5.3. We reserve the right to charge a Platform administration fee and other applicable charges and Taxes, these are currently to the tune of maximum 28% of the Contest Entry fee, which would be specified and notified by the Company on the Payment page, being created on Platform, prior to a User’s joining of such Contest. The Platform administration fee along with all other charges and taxes will be debited from the User’s account balance and the Company or its payment partners shall issue a payment advise for such debit and an invoice shall be issued to the User only if required or explicitly asked for.
5.4. The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the prize money pool of such Contest, which will be passed on to the winner(s) of the Contest after the completion of the Contest as per the game rules of such Contest. It is clarified that the Company has no right or interest in this prize money pool, and only act as an intermediary engaged in collecting and distributing the prize money pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the prize money pool would also be debited from the User’s account balance maintained with the Escrow Agent.
5.5. Any user availing the Services is provided with two categories of accounts for the processing and reconciliation of payments: (a) Unutilized Account; and (b) Winnings Account. It is clarified that in no instance there will be a transfer of any amounts in the User’s accounts to any other category of account held by the User or any third-party account, including a bank account held by a third party.
5.6. User’s winnings in any Contest will reflect as credits to the User’s Winnings Account. User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutilized Account. Each time a User participates in any Contest on the Platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
In case there is any amount remaining to be paid by the User in relation to such User’s participation in any Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s Unutilized Account and will be available for use in participation in any Contest(s)
5.7. Debits from the Unutilized Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the Unutilized Account, and accordingly amounts credited into Unutilized Account earlier in time shall be debited first.
5.8. Any amount earned by the User by way of a referral/ cash reward program shall be remitted to the User’s [Cash Wallet] account and can be utilised against [the Contest Entry Fee]; and any amount earned by the User in the form of bonus cash/ coupons shall be remitted to the User’s [Bonus Cash Wallet] account and can be utilised against [10% of the Contest Entry Fee].
5.9. Notwithstanding to anything contrary in these Terms and Conditions of Use, in the event rounds are abandoned, cancelled or suspended pursuant to paragraph 2.2 above, after the User has deposited the amount towards the Platform fee or the prize money pool, the said amounts shall either be (i) refunded to Users’ Unutilized Account; or (ii) adjusted to the next scheduled round of the User; or (iii) adjusted towards the rescheduled round (of the foregoing cancelled/ suspended round), at the discretion of the Platform.
5.10. Withdrawal: A User shall be permitted to withdraw any amounts credited into such User’s Unutilized Account for any reason whatsoever by contacting our Customer Support at <email@example.com> or the Live Chat Support widget on the Mobile and Web platforms. All amounts credited into a User’s Unutilized Account must be utilised within 335 days of credit. In case any unutilised amount lies in the Unutilized Account after the completion of 335 days from the date of credit of such amount, we reserve the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User. Withdrawal of any amount standing to the User’s credit in the Winnings Account may be made by way of a request to the Company but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User’s Winnings Account.
In either case, the Company shall effect an online transfer to the User’s bank account on record with us within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Winnings Account. We shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User’s bank account on record with us.
5.11. Verification for Withdrawals: Users are requested to note that they will be required to provide valid photo identification in the form of their PAN card and address proof documents for proof of identity and address as may be required, in order for us to process the withdrawal request. The name mentioned on the User’s PAN card should correspond with the name provided by the User at the time of registration on the Platform, as well as the name and address existing in the records of the User’s bank account as provided to us. In the event that no bank account has been registered by the User against such User’s account with us, or the User has not verified his/her User account on the Platform to our satisfaction and in accordance with these Terms and Conditions of Use, we shall provide such User with a notification to the User’s email address as on record and in the In-app notifications page with the Platform, at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, we shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date.
Failure to provide us with a valid bank account or valid identification documents (to our satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this Clause.
5.12. Users agree that once they confirm a transaction on the Platform, they shall be bound by and make payment for that transaction. A transaction, once confirmed, is final and no cancellation is permissible.
5.13. Any amount paid or transferred into the User’s Unutilized Account or Winnings Account may take up to 24 hours to reflect in the User’s Unutilized Account or Winnings Account balance. Users agree not to raise any complaint or claim against the Company in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User’s accounts. The Company may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present Terms and Conditions of Use, the additional terms and conditions shall prevail.
6.1. The Company includes a combination of content created by the Company, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights“) in all software underlying the Company and the Platform and material published on the Platform, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by the Company, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Platform either in whole or in part without express written license from the Company.
6.2. Users may request permission to use any of the Company’s content by writing in to the Company Helpdesk at <firstname.lastname@example.org>
6.3. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platform (“Users’ Content“). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any third-party on the Platform. Users agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by such User or through the User’s commissions or omissions.
6.4. Users hereby grant to the Company and its 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, and/or publish Users’ Content for any of the following purposes:
a. displaying Users’ Content on the Platform;
b. distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it;
c. storing Users’ Content in a remote database accessible by end users, for a charge; and
d. this license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.
6.5. All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to the Company.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1. To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this Platform, or our failure to provide this Platform. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this Platform or any part of it, or for any problems with this Platform, which cannot be lawfully excluded.
8.2. To the extent permitted under law, we shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Contests or sites, cancellation of competition and prizes. We do not provide any warranty as to the content on the Platform. Platform content is distributed on an “as is, as available” basis.
8.3. Any material accessed, downloaded, or otherwise obtained through the Platform is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
8.4. We will make best endeavors to ensure that the Platform is error-free and secure, however, neither the Company nor any of its partners, licensors or associates makes any warranty that the:
a. Platform will meet Users’ requirements;
b. Platform will be uninterrupted, timely, secure, or error free;
c. results that may be obtained from the use of the Platform will be accurate or reliable; and
d. quality of any products, the services, information, or other material that Users purchase or obtain through the website will meet Users’ expectations.
8.5. In case any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, is discovered by us, we reserve the right (exercisable at its discretion) to rectify the error in such manner as it deems 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.
8.6. To the extent permitted under law, neither the Company nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages. Any services, events or Contest(s) being hosted or provided, or intended to be hosted on the Platform 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 services, events or Contest(s) are hosted or provided.
8.7. To the extent permitted under the applicable law, 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. However, Users agree to indemnify company for any erroneous payment made to them or for receiving an amount more than what they are rightfully entitled too.
8.8. The Users must play responsibly as they should understand this game involves a component of monetary risk and may be addictive. Unless otherwise explicitly specified, the company claims no association, in any capacity whatsoever, with any capital market governing bodies and SRO, including, but not limited to the Securities and Exchange Board of India (SEBI) or National stock exchange (NSE) or The Bombay stock exchange (BSE) or Metropolitan stock exchange of India (MSE).
8.9. The Users agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees (if any), in respect of any third party or statutory claims that may be initiated due to any form of illegal activity or modification or abuse or exploitation of platform or its services by a User.
9. LEGALITY OF THE GAME
9.1. Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience, and adroitness of the player shall be classified as a game of skill.
9.2. The Contest (s) described above are games of skill as success of the User depends primarily on their superior knowledge of the performance of the stocks/ cryptocurrencies in the relevant market, attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Users to field well-balanced stocks/ cryptocurrencies in the Portfolio with limited resources.
9.3. By participating in the Contest(s), each User acknowledges and agrees that he/she is participating in a game of skill.
10. RETURN, SUSPENSION, TERMINATION AND CANCELLATION
These Terms and Conditions of Use will continue to apply until terminated by either you or us. You may end your legal agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Platform. However, the terms which survive general expiration shall continue to govern you. You agree that we have the right to immediately suspend your account on the Platform if we suspect any violation of these Terms and Conditions or any applicable laws & regulations. The User has the provision to appeal the suspension of the account by contacting the Company moderators email@example.com. No return policy is applicable as this is a Gaming service and services cannot be returned once rendered.
11. GOVERNING LAW
These terms shall be governed by the laws of India, without regards to any conflict of law provisions, and for resolution of any dispute arising out of your use of the services.
If any provision or provisions of these Terms, shall be held to be illegal, invalid, or, unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
We may from time to time change these Terms and Conditions of Use. We will notify you at least 30 days before such changes apply to you. 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 or transfer. We recommend that you periodically check this page for any revised terms. Your continued use of the services will be deemed to constitute your acceptance of all such revised terms and conditions.
14. FOR TRIAL USE PURPOSES
14.1. Participation in the Platform’s Pre-Release Software Program
a. The purpose of the Platform’s Pre-Release Software Program (“Pre-Release Program”) is to make pre-release software, pre-release Services, and related documentation, materials, and information (collectively, the “Pre-Release Material”) available to Pre-Release Program participants from time to time for the purpose of providing the Company with feedback on the quality and usability of the Pre-Release Material. You understand and agree that participation in the Pre-Release Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and us. You understand that your participation in the Pre-Release Program does not obligate us to provide you with any Pre-Release Material. We reserve the right to modify the terms, conditions, and policies of this Pre-Release Program from time to time, and to revoke your participation in this Pre-Release Program at any time. If we make changes to the terms and conditions of this Agreement, then we will present such revised terms and conditions to you on the Pre-Release Program web portal.
b. By participating in the Pre-Release Program, you certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the Pre-Release Program. This agreement is void where prohibited by applicable law and the right to become a Pre-Release Program participant is not granted in such jurisdictions. Unless otherwise agreed or permitted by us in writing, you cannot share or transfer any software or other materials you receive from us in connection with being a Pre-Release Program participant.
d. Subject to your compliance with the terms and conditions herein, we hereby grant you a personal, limited license to use the Company’s software on the Platform’s-branded products solely for testing and evaluation purposes and only in connection with this Pre-Release Program.
e. Feedback: As part of the Pre-Release Program, we will provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to us. We may request this information from you through the Seeding Tools as well as by email, web questionnaires, bug forms, and other mechanisms. By agreeing to these Terms and Conditions, you agree that we may contact you from time to time about the Pre-Release Program, and you hereby consent to receive such communications and we will be free to use any Feedback you provide for any purpose.
f. No Support and Maintenance: During your participation in the Pre-Release Program or in a particular seed, we are not obligated to provide you with any maintenance, technical or other support for the Pre-Release Material. If, solely at our option, such support is provided, it will be provided in addition to your normal warranty coverage for your computer and/or device. You agree to abide by any support rules and policies that we provide you in order to receive such support. You acknowledge that we have no express or implied obligation to announce or make available a commercial version of the Pre-Release Material to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Material licensed hereunder.
g. No Warranty: The Company’s software provided hereunder may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions. The software may be incomplete and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the Company’s software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. COMPANY IS PROVIDING ALL CONFIDENTIAL INFORMATION, INCLUDING THE PRE-RELEASE MATERIAL AND SEEDING TOOLS, TO YOU SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that we have not publicly announced the availability of the Pre-Release Material, that we have not promised or guaranteed to you that such Pre-Release Material will be announced or made available to anyone in the future, and that we have no express or implied obligation to you to announce or introduce the Pre-Release Material or any similar or compatible product, or to continue to offer access to the Pre-Release Material in the future.
h. Termination of this agreement for Pre-Release Program with the Company:
i. You may terminate this agreement for Pre-Release Program or an individual seeding project at any time, for any reason, but only by returning or destroying any Confidential Information that is in your possession or control (including, without limitation, any Pre-Release Material); provided however that if you are unable to remove certain Pre-Release Material from your computer and/or devices, then you agree that you will continue to hold the Pre-Release Material as Confidential Information.
ii. We may terminate this this agreement for Pre-Release Program or an individual seeding project at any time, with or without cause, immediately upon written notice to you, and may terminate this this agreement for Pre-Release Program immediately for any breach of the confidentiality provisions set forth herein.
iii. The term of your license to use the Company’s software granted herein for the Pre-Release Material shall commence upon your installation or use of the Company’s software and will terminate automatically without notice from us upon the earlier of (a) the next commercial release of the software, (b) the termination of the individual seeding project under which you obtained the software, (c) the termination of this agreement for Pre-Release Program, or (d) the date specified in the separate license accompanying the Company’s software (if any).
15. Apple and Google disclaimer
- Please note that Apple is not a sponsor and does not sponsor any contests on Rainmaker – Fantasy Gaming.
- Please note that Google is not a sponsor and does not sponsor any contests on Rainmaker – Fantasy Gaming.