TERMS AND CONDITIONS
1.1. Ultimate Battle ““Ultimate Battle”” is owned and operated by Ultimate Battle (subsidiary of Brainpulse Technologies Pvt Ltd) shall hereinafter, be used for referring to Ultimate Battle Website and sub-pages having its addresses as ultimatebattle.in , and and the mobile application having its name as Ultimate Battle – A Gamers Ecosystem, while including and accommodating all its versions and variations.
1.4. Ultimate Battle provides various Tournaments and Services which may have additional rules and regulations which will reflect on the respective page(s) and it shall enforce on the Users.
2.1. Paid version of the Ultimate Battle Services are available only to Users above the age of 18. Ultimate Battle has the right to terminate any account wherein the User is found to be below the age of 18 years. Free version of the Ultimate Battle Services is available to Users below the age of 18, but above the age of 13. In the event a User is below the age of 13, the parent of such User can register the account with Ultimate Battle, whereby such parent must provide the date of birth, along with other details viz. contact details, identity verification documents, etc. and follow the registration procedure available on Ultimate Battle.
2.2. To register/ sign-up on Ultimate Battle or participate in the Tournaments, the User(s) needs to provide Ultimate Battle with personal data comprising a. Full Name b. E-mail address c. State / City of Residence d. Date of birth e. Phone Number f. Password You can register by signing up via OTP verification through your Mobile number or by linking your social media, etc. accounts (as available) on Ultimate Battle. 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 Ultimate Battle 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. You are not allowed to hold more than one Ultimate Battle account. In case you are found using multiple accounts, all your accounts will be banned from Ultimate Battle.
2.4. In the event the User indicates, while signing-up, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland, Telangana, Meghalaya, Karnataka, or Andhra Pradesh, such User will not be permitted to use the Services on Ultimate Battle in the paid version of the Tournament as the laws of these states are unclear/ bar persons from participating in games of skill where Users are required to pay to enter.
2.5. You agree to use all the Services, in accordance with the applicable laws, rules and regulations, or any other specific restrictions on the use of the Service or content therein.
2.6. Ultimate Battle is committed to safeguarding that it is as useful and efficient as possible. For that reason, Ultimate Battle reserves the right to make changes to the application or website for maintenance at any time. If such situations cause an interruption of paid-for Services for a reasonable duration, Ultimate Battle shall not bear any liability to you and/or to any third parties. Ultimate Battle will make attempts on a best-efforts basis to let you beware of any scheduled maintenance to such extent as is possible. Additionally, Ultimate Battle shall be entitled to modify these Terms and Conditions, rules, and regulations referred to herein, at any time, by duly posting the same on Ultimate Battle.
2.7. Users consent to receiving communications such as announcements, administrative messages, and advertisements from Ultimate Battle and/or any of its affiliates, subsidiaries, associates, licensors and partners.
3. LEGAL PROVISIONS:
3.1. Violation of any part of the Terms and Conditions may result in sanctions and/or loss of winner status. Ultimate Battle reserves the right to sanction any User in Tournament at any level, any time in respect to their violation.
3.2. The ‘sanction’ term mentioned above may be in the form of User i) warning; ii) reprimand; iii) fine; iv) return of an award (including prize money); v) caution; and vi) disqualification.
3.3. The User assumes sole liability for injuries and/or damage to property caused or claimed to be caused by participating in Tournament.
3.4. You agree not to: circumvent, remove, degrade, deactivate, or thwart any of the contents of the Services; use any robot, spider, scraper, or other means to access our Services. You also agree not to decompile, reverse engineer and disassemble any software or other products or processes accessible through our Services. 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 the Services.
3.5. If Ultimate Battle charges its Users a platform administration fee in respect of any Tournament, Ultimate Battle shall, without delay, refund to the Users’ account, such platform fee in the event of suspension or removal of the User’s account or suspension of the Tournament on account of any negligence or deficiency on the part of Ultimate Battle, but not if such suspension or removal of User’s account or suspension of the Tournament is effected due to: a. any breach or non-performance or inadequate performance by the User of any of these Terms and Conditions; b. any circumstances beyond the reasonable control of Ultimate Battle; or c. any order or directions passed by any statutory authority and /or judicial/ quasijudicial authority.
4.1. Esports are organized gaming competitions wherein players compete individually, or as a team, in a competitive gaming environment with an ultimate goal to win the tournament. Esports is well recognized as a ‘sport’ in various countries and by various international federations and governing and sports’ bodies. Esports were featured as a demonstration sport in 2018 Asian Games where, India participated and successfully bagged a bronze medal. Esports is also going to be a part of the Asian Games 2022.
4.2. 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.
4.3. By using Ultimate Battle, and/or its Services, the User agrees that the games/ Tournaments offered by Ultimate Battle are skill-based games since in the said games/Tournaments offered by Ultimate Battle, winning/ success is primarily and highly dependent on the User’s knowledge of the game, understanding of the in-game mechanics, practice, hand-to-eye coordination, real-time strategy and much more detailed understanding which varies from game to game.
4.4. User agrees that the outcome of any game/Tournament played is solely the result of the skill applied by them and not on any element of chance.
There are two versions of the Ultimate Battle application available for the User to participate in:
5.1. Google Play Store Version: This version of the Ultimate Battle application is available on the Google Play Store to the Users with access to Google Play Store for download. This version involves only the free versions of the Tournaments, i.e., Tournaments for stakes or any paid challenges/ contests etc. are not offered by Ultimate Battle to its Users on this version;
5.2. Pro Version: a. This version of the Ultimate Battle application is available to the Users for download on the Ultimate Battle website and can be downloadable either via (i) link/ tab offered under the name of ‘Download App’; or (ii) scanning the bar code displayed on the screen. This version of the Ultimate Battle application involves paid versions of the Tournaments, i.e., Tournaments for stakes or any paid challenges/ contests etc. are offered by Ultimate Battle to its Users on this version. b. In addition to the rules and regulations applicable to the Pro Version of the Ultimate Battle application, Users are offered the following two types of membership with different benefits for such Pro Version of Ultimate Battle:
i. Free Membership – available to the Users at no additional cost; and
ii. VIP Membership – available at INR 199 per year,
Plans available in both the memberships are: PARTICULAR FREE MEMBERSHIP VIP MEMBERSHIP Free Tournaments in a Month 5 Unlimited* Use UB Coins in Redeem Shop No Yes Leaderboard Entry No Yes Battle Cup Event Qualifier Entry 1 try 3 tries * Please note that currently, a VIP User, at one given time, can participate in two (2) free Tournaments only. A Free User can participate in one (1) free tournament at one given time. Further, Ultimate Battle, at its sole discretion reserves the right to modify or make changes to the cost and plans of the above stated Memberships.
6. TOURNAMENT(S), PARTICIPATION AND PRIZES
6.1. Wide variety of games are available on Ultimate Battle which can be derived into three categories:
a. Third-Party Games: These games are available on Ultimate Battle by acquiring the usage licence. Ultimate Battle has no control or cannot motivate in any way the result of the said game. Example: DOTA 2, FIFA, FORTNITE
b. Third-Party Deployed Games: These games are available on Ultimate Battle by acquiring usage licence. Ultimate Battle only has control on the running of game servers which verifies the stability of the system on every instance the server is run. Example: CS: GO
c. Deployed Games: Games which are developed fully or partially by Ultimate Battle and is run in the Ultimate Battle environment. The rules of these games are derived from the physical format of the game as it is and no new changes have/will be made without prior notification to the User. Example: Chess.
6.2. Ultimate Battle grants limited usage licence to User(s) to take part in such Tournament(s) or use such other Service(s) offered by Ultimate Battle.
6.3. The Tournament matches are divided into following three categories: a. Bracket Type Tournaments: In a Bracket type tournament, Participating User(s) [or team(s)] go head-to-head against their opponent(s), with the winner advancing to the next round according to their scheduled bracket available on the said Tournament page on Ultimate Battle; and b. Pool Type Tournaments: In a Pool type tournament, participating User(s) [or team(s)] are heralded into a pool competing at the same time against other opponents in the same pool to reach the required specifications to win the match which shall be mentioned in Game Rules on the specific Tournament page. c. 1 vs. 1 Challenge: In a 1 vs. 1 challenge, participating User [or team(s)] challenges other User [or team(s)] and invites such other User [or team(s)] for competing with the inviting User [or team(s)]. Such competing User [or team(s)]/s may challenge for free or for stakes and shall comply with the payment terms as stated in this Terms and Conditions.
6.4. Team Based Tournament: In a team-based Tournament offered on Ultimate Battle, the Users are required to create their own team. Each such team shall be initiated by one User, where such User shall be referred to as “Team Owner”. Such Team Owner shall share the details of his team player/members (name, email id, in-game id, contact details and any such detail as requested by Ultimate Battle) as well as deposit the required Tournament fee with the Ultimate Battle. For the purposes of such team-based Tournaments, Ultimate Battle shall communicate with the Team Owner and any winnings amount shall be transferred to the concerned wallet in the User Account of such Team Owner. For the avoidance of doubt, winnings amount shall not be transferred to the wallets of the individual team members. The team members must coordinate with the Team Owner for their share and Ultimate Battle shall not be responsible for failure in receipt of such winnings by any such team member.
6.5. Check-In: Check-In is a mandatory procedure to be followed by every participating User(s) [or team(s)] for every round in a Tournament. Sufficient time is provided for the User(s) before and after the Match Round Start Time under which User(s) can Check-In for the Tournament Match Round on the specific Tournament page on Ultimate Battle. Failure in checking-in in the given time window will result in an automatic loss. Ultimate Battle will not be held liable for User’s disqualification resulting from failure to Check-In.
6.6. The Tournament(s) across Ultimate Battle shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by the Game Rules as specified under the ‘How to Play’ tab on the specific Tournament page on Ultimate Battle.
6.7. The User(s) having successfully achieved the winning goal of the specific Tournament as described in Game Rules of the said Tournament, will be declared as Winners. In certain pre-specified Tournaments, there may be more than one Winner and distribution of prizes to such Winners will be in accordance with the User(s)’ placing in the Finale Match Brackets or Finale Pool Match of the said Tournament. Ultimate Battle’s decision with respect to the same shall be final, binding and non-contestable.
6.8. All prizes are non-transferable or non-exchangeable and no cash alternatives will be offered.
6.9. Ultimate Battle reserves the right to withdraw any prize at any time at its sole discretion.
6.10. Any prize(s) or trophy(s) pictured in Tournament materials are for illustration purposes only. Actual prizes may vary from any pictured prize. Ultimate Battle reserves the right to make changes to the list of prizes at its sole discretion.
6.11. The number of Users required to make the Tournament(s) operational will be pre-specified and once the number of Users in such Tournament(s) equals the pre-specified number required for that Tournament(s), such Tournament(s) shall be operational. In case the number of Users is less than the pre-specified number at the time of commencement of the match, such Tournament(s) will not be operational and shall be rescheduled. Once rescheduled, the participating User will be offered an option to opt out and any pre-designated amount paid by each such User shall be returned/ debited to the similar account of such User from which the payment was credited without any charge or deduction.
6.12. Prize Money Distribution is subjected to the applicable taxation laws. Winner(s) will receive the Prize Money after the deduction of TDS @31.2% as per section 194BA in the Income Tax Act 1961. TDS will be deducted on Net Winnings of the player. Winners will be provided TDS certificates in respect of such tax deductions.
6.13. Publicity: Acceptance of a prize by the winner constitutes permission for Ultimate Battle and its 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 Ultimate Battle without any charge. The exact dates of such purposes remain the sole discretion of Ultimate Battle and such promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
7. THIRD PARTY SITES, SERVICES AND PRODUCTS
7.1. You understand and agree that Ultimate Battle, or communication by Ultimate Battle 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. Ultimate Battle does not exercise control over any internet sites apart from its own, and 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. Ultimate Battle, therefore, urges 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.
7.2. The availability of these links on Ultimate Battle does not represent, warrant, or imply that Ultimate Battle endorses 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.
7.3. 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 Ultimate Battle will not be held 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.
8. REWARD PROGRAM
8.1. Bonus Cash
a. Bonus cash or coupons are either promotional or task based in-app rewards which can only be used from nil to 100% value of the Tournament entry fee, depending on the availability for the same in each Tournament.
b. The task/ achievement to be performed for such receiving such bonus amount are:
i. Registration on the Ultimate Battle platform;
ii. Deposit Cash to Wallet c. Ultimate Battle 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. Bonus amounts are solely at the discretion of Ultimate Battle and mere participation in the program does not entitle the User to receive any Bonus Amount.
9. PAYMENT TERMS
In respect of any transactions entered into on the Pro Version of the Ultimate Battle, including making a payment to participate in the paid versions of the Tournament(s), Users agree to be bound by the following payment terms:
9.1. The payment of pre-designated amount Users make to participate in the Tournament(s) is inclusive of the pre-designated platform fee for access to the Services charged by Ultimate Battle and pre-determined User’s contribution towards prize money pool. Subject to these Terms and Conditions, 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.
9.2. 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.
9.3. We reserve the right to charge a platform administration fee and other applicable charges and taxes, which would be specified and notified by Ultimate Battle on the Tournament page. The platform administration fee along with all other charges and taxes will be debited from the User’s account balance and Ultimate Battle 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.
9.4. The User may participate in a Tournament wherein the User has to contribute a pre-specified contribution towards the prize money pool of such Tournament, which will be passed on to the winner(s) of the Tournament after the completion of the Tournament as per the Game Rules of such Tournament. It is clarified that Ultimate Battle 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 Tournament 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.
9.5. Any User availing the Services is provided with the following three categories of wallets for the processing and reconciliation of payments: a. Bonus Cash Wallet b. User’s Wallet: User’s Wallet is further bifurcated into two sub-wallets: i. Deposit Wallet; and ii. Winnings Wallet c. Coins Wallet It is clarified that in no instance there will be a transfer of any amounts in the User’s wallets/accounts to any other category of wallet/account held by the User or any third-party account, including a bank account held by a third party.
9.6. These three wallets shall be governed as per the following conditions: a. Bonus Cash Wallet:
i. Any amount earned by the User by way of a bonus or any other reward program shall be remitted to the User’s Bonus Cash Wallet.
ii. Such amount can be utilised against the Tournament entry fee for a value from nil up to 100%, depending on the availability for the same in each Tournament.
iii. A User shall not be permitted to withdraw any amounts credited into such User’s Bonus Cash Wallet for any reason whatsoever and shall be held in the User’s Bonus Cash Wallet and no automatic transfer of such amount from the Bonus Cash Wallet shall be permitted.
b. User Wallet Deposit Cash Wallet:
i. User’s remitting the amount through the designated payment gateway shall be credited to User’s Deposit Wallet.
ii. Each time a User participates in any Tournament on Ultimate Battle, the pre-designated amount shall be debited in the User’s account.
iii. Any amount which is in excess of the pre-designated Tournament amount shall be transferred to the User’s Deposit Wallet. Such amount, or any other amount deposited by the User, as the case may be, can either be utilized for the next Tournament entry; or be refunded to the User’s bank account provided that a refund request is raised by the said User within the stipulated time period (currently, 48 hours but subject to change at Ultimate Battle’s discretion) and the same is subject to a transaction fee (if applicable).
Winnings Cash Wallet:
i. User’s winnings in any Tournament will reflect as credits to the User’s Winnings Wallet.
ii. In debiting amounts from the User’s accounts for participation in the Tournaments towards the pre-designated amount of such User, amounts shall be debited from the User’s Deposit Wallet and thereafter, any remaining amount of participation fee shall be debited from the User’s Winnings Wallet.
iii. User shall be permitted to withdraw any amounts credited into such User’s Winnings Cash Wallet. A maximum of
(a) 1 withdrawal can be made per day, and
(b) Indian Rupees One Lakh only (INR 1,00,000/-) can be withdrawn at one time. Withdrawals can be made only above INR 250/- and not less. User can raise its requests regarding withdrawals via “Withdraw” tab in My Wallet section. Debits from the User Wallet for the purpose of enabling a User’s participation in a Tournament shall be made in order of the date of credit of amounts in the Deposit Wallet, and accordingly amounts credited into the Deposit Wallet earlier in time shall be debited first. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any Tournament(s), the User will be taken to the designated payment gateway to give effect to such payment.
c. Coins: i. Users (Paid Members only) can earn the coins (UB Coins) by successfully winning the Tournaments or in any other manner as offered by Ultimate Battle on the platform. ii. Such UB Coins are transferred to the User’s wallet in the Coins account and are redeemable towards the in-app purchases made available on Ultimate Battle. iii. Users can purchase in-game items for selected games available and offered on the ‘Redeem Coins’ page from the balance coins available in their UB Coins wallet. In the event the purchased in-game item of a particular game is non-transferrable for any reason whatsoever, the said game’s in-game currency of equal value of the in-game item as selected will be credited to User’s game id on Ultimate Battle.
9.7. Notwithstanding to anything contrary in these Terms and Conditions, in the event the Tournament is abandoned, cancelled or suspended 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 User’s Deposit Wallet; 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 Ultimate Battle.
9.8. In either case, Ultimate Battle shall effect an online transfer to the User’s bank account or wallet on record with itself within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Wallet. Such transaction is also dependent on clearance from User’s respective bank and linked wallet and will be then reflected in User’s Bank Account or linked wallet. This usually takes a maximum of 7 business days to be effected.
9.9. 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 Ultimate Battle 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 Ultimate Battle, 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 Ultimate Battle, or the User has not verified his/her User account on Ultimate Battle to Ultimate Battle’s satisfaction and in accordance with these Terms and Conditions, Ultimate Battle shall provide such User with a notification to the User’s email address as on record and in the In-app notifications page with Ultimate Battle.
9.10. Failure to provide Ultimate Battle with a valid bank account or valid identification documents (to Ultimate Battle’s satisfaction) for the period as updated according to the applicable law may result in automatic forfeiture of any amounts subject to transfer in accordance with the applicable law.
9.11. Users agree that once they confirm a transaction on Ultimate Battle, they shall be bound by and make payment for that transaction. A transaction, once confirmed, is final and no cancellation is permissible. Ultimate Battle services are not available in the restricted States of Telangana, Odisha, Sikkim, Nagaland, Meghalaya and Assam. User agrees that in case it is found that he/she belongs to these states, his/her account will be blocked and Ultimate Battle shall not be held responsible for any losses.
9.12. Any amount paid or transferred into the User’s Wallet may take up to 3 business days to reflect in the User’s Wallet. Users agree not to raise any complaint or claim against Ultimate Battle in respect of any delay, including any lost opportunity to join any Tournament or match due to delay in crediting of transaction amount into any of the User’s accounts. Ultimate Battle 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, the additional terms and conditions shall prevail.
10. INTELLECTUAL PROPERTY
10.1. Ultimate Battle offers games that are independently owned by Ultimate Battle or are licensed to Ultimate Battle by the rightful third-party licensor of such games. Ultimate Battle includes a combination of content created by Ultimate Battle, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Ultimate Battle and material published on Ultimate Battle, including (but not limited to) games, Tournaments, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by Ultimate Battle, 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 Ultimate Battle either in whole or in part without express written license from Ultimate Battle.
10.2. Users may request permission to use any of Ultimate Battle’s content by writing in to Ultimate Battle Helpdesk at firstname.lastname@example.org. Users shall not associate themselves with Ultimate Battle and/or the Tournament in any commercial manner, nor use any Intellectual Property Rights of Ultimate Battle, nor shall they permit any third parties to do so, unless otherwise confirmed in writing by Ultimate Battle. Users shall not carry out or facilitate any promotional or marketing activity at the Tournament venue.
10.3. 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 Ultimate Battle (“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 Ultimate Battle. Users agree to indemnify and hold harmless Ultimate Battle, 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 Ultimate Battle, by such User or through the User’s commissions or omissions.
10.4. Users hereby, grant to Ultimate Battle 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 Ultimate Battle; 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. 10.5. All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on Ultimate Battle 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 Ultimate Battle.
11. DISCLAIMER AND LIMITATION OF LIABILITY:
11.1. By participating in the Tournament(s), each User agrees and acknowledges that neither Ultimate Battle nor their respective affiliates, subsidiaries, representatives, advertisers and publicity agencies in any way responsible or liable for any damages, loss or injury. To the maximum extent permitted by applicable law, Ultimate Battle will not be liable in any way for any loss or damage suffered by you through use of or access to Ultimate Battle, or Ultimate Battle’s failure to provide the platform. Ultimate Battle’s liability for negligence, breach of contract or contravention of any applicable law as a result of its failure to provide this platform or any part of it, or for any problems with this platform, which cannot be lawfully excluded.
11.2. To the extent permitted under applicable law, Ultimate Battle shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Tournaments or sites, cancellation of competition and prizes. Ultimate Battle do not provide any warranty as to the content on Ultimate Battle. Ultimate Battle content is distributed on an “as is, as available” basis.
11.3. User would be solely responsible for lost, incomplete, incorrect, damaged, delayed or misdirected applications. Any material accessed, downloaded, or otherwise obtained through Ultimate Battle 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.
11.4. Ultimate Battle will make best endeavors to ensure that Ultimate Battle is error-free and secure, however, neither Ultimate Battle nor any of its partners, licensors or associates makes any warranty that the: a. Ultimate Battle will meet Users’ requirements; b. Ultimate Battle will be uninterrupted, timely, secure, or error free; c. results that may be obtained from the use of Ultimate Battle 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.
11.5. 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 Ultimate Battle, Ultimate Battle reserves 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 paragraph, Ultimate Battle agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
11.6. To the extent permitted under applicable law, neither Ultimate Battle 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 Ultimate Battle’s sites, even if Ultimate Battle has been advised of the possibility of such damages. Any services, events or Tournament(s) being hosted or provided, or intended to be hosted on Ultimate Battle 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 Tournament(s) are hosted or provided.
11.7. To the extent permitted under the applicable law, in the event of suspension or closure of any services, events or Tournaments, Users shall not be entitled to make any demands, claims, on any nature whatsoever. However, Users agree to indemnify Ultimate Battle for any erroneous payment made to them or for receiving an amount more than what they are rightfully entitled too.
11.8. The Users must play responsibly as they should understand this game involves a component of monetary risk and may be addictive. The Users agree and acknowledge that giving and taking bribes and manipulating results in any manner could lead to criminal proceedings. User(s) are strictly prohibited from engaging in a derogatory manner on Ultimate Battle with other User(s) or Ultimate Battle’s licensor, employee, staff, organizer or any other entity.
11.9. The Users agree to indemnify and hold harmless Ultimate Battle, 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 Ultimate Battle or its Services by the User.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. Subject to paragraph 11.2 below, these Terms and Conditions shall be governed by the applicable laws of the Republic of India, without regards to any conflict of law provisions, and for resolution of any dispute arising out of your use of the Services.
12.2. All disputes in connection with these Terms and Conditions, including disputes as to its conclusion, binding effect, amendment and termination, are to be settled between the parties by negotiation. If no solution can be reached, such disputes shall be exclusively resolved by the courts limited to New Delhi jurisdiction.
13. GENERAL PROVISIONS
13.1. Employees of Ultimate Battle and their respective affiliates, subsidiaries, parents, representatives, advertising, promotion and publicity agencies and the immediate families of each are not eligible to participate in the open Tournament.
13.2. The expenses incurred on travel to reach the Tournament venue, in case of a LAN event, would be borne by the User and not Ultimate Battle unless stated otherwise.
13.3. The User(s) accepts to receive Tournament updates, offers/campaign related SMS, Email, Browser/Application Notifications and/or WhatsApp messages to the mobile phone/ number/email address provided by the User(s).
13.4. Users acknowledge that Ultimate Battle provides the Users with an option of pre-match engagement with other Users on the Ultimate Battle platform by means of a chat messaging as well as conference call service. Usage of such service is completely at the discretion of the User and Ultimate Battle shall not be responsible or liable for any activity performed on such facility or interactions of the Users. However, Ultimate Battle shall comply with applicable data privacy laws and be entitled to inspect and keep a check on such usage of the Users. Users must not use any disparaging, foul or abusive language or gesture on such interactive services available on Ultimate Battle. In the event Users are found violating the provisions of this paragraph and cause disrepute or harm to the other User or the Ultimate Battle platform, Ultimate Battle shall be entitled to impose sanctions on such Users and/or terminate and/or ban their account with immediate effect. Upon such termination or banning of the said User’s account, the said User shall not be entitled to claim any remedy or benefit from Ultimate Battle in this regard.
13.5. Severability: If any provision or provisions of these Terms and Conditions are held to be illegal, invalid, or, unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
13.6. Please note: Ultimate Battle doesn’t make, nor is in any manner responsible for any warranty, representations, guarantees, expressed or implied relating to the quality, conditions, fitness or merchantability of any aspects of the prize.
13.7. Ultimate Battle reserves the right to bring changes or alter these Terms and Conditions or the game pattern to enhance the Tournament. Details of such changes will be published on the Ultimate Battle.
13.8. Ultimate Battle, at its sole discretion, may suspend a User, disqualify any application, amend rules or provision at any time in the event of circumstances beyond its control.
13.9. Ultimate Battle’s decision in connection with any aspect of the Tournament shall be final and enforceable.
13.10. Winners for the Tournament will be selected as per the methods stipulated in Game Rules.
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