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Terms and Conditions

Last updated: January 04, 2022

This website is operated by GMembers and e-Sports. Throughout the site, the terms “company”, “we”, “us”, “our”, “GMembers” and “eSports” refer to GMembers and/or e-Sports. GMembers offer this website, including all information, games and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or transacting, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),. These Terms of Service apply to all users of the site, including without limitation users who are browsers and players.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Art. 1 Validity of the General Terms and conditions (GTC)

  1. Among other things, GMembers (“we") distributes various online games ("Games"). The Games can be used by you as a User ("User") via mobile application ("Mobile Games").

    The services and performances provided within the scope of these Games, including, but not limited to, the display of your profile page, the display of user-generated content such as photographs, graphics or moving pictures, the provision of eSports Games ("Services") are exclusively carried out on the basis of these General Terms and Conditions ["GTC"]. These GTC can be accessed and printed out at any time. In addition to these GTC, the relevant applicable game rules and game instructions (if applicable) for the Game that are made available via the downloaded App, e-Sports or listed on the website shall apply. In the event of any contradiction between these GTC and the game rules or game instructions, the GTCs shall prevail. Special Terms of Use may apply to individual Games and particular variations of Games. If this is the case, you will be notified appropriately of any such terms prior to making use of the relevant offer.

  2. By acknowledging the GTC, we conclude an agreement with you. When using the Games via a browser you, as User, acknowledge the GTC for our Services by ticking the box "I accept the General Terms and Conditions" and clicking the registration button.

  3. When using the Games via a Mobile App, you acknowledge the GTC with each download of the relevant Mobile App. Your own General Terms and Conditions expressly do not form a part of the contract.

  4. We are entitled to change the GTC and other provisions with effect for a future date. We will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the GTC when you log in to the relevant games platform or via ingame messages or by e-mail to your most recently notified e-mail address. The GTC are considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Game and your own name in the subject line.

  5. We are entitled to change the GTC and other provisions with effect for a future date. We will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the GTC when you log in to the relevant games platform or via ingame messages or by e-mail to your most recently notified e-mail address. The GTC are considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Game and your own name in the subject line.

    If you, as User, object within the deadline, both you and us are entitled to duly terminate the Agreement. 10 of these GTC and, after the expiry of a possible notice period, to delete the account. Any possible service fees paid in advance for the period after the termination shall be refunded to the User on a pro rata basis or credited to other Games. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.

Art. 2 Conclusion of the Agreement

  1. As User, you conclude an agreement with us both for the free of charge (FoC) use of Games as well as betted / paid use of Games via the browser or via Mobile Apps ("Licensing Agreement"). You are neither entitled to a Licensing Agreement nor to the use of the Services or the Premium Services. The Licensing Agreement can be terminated by us and by you at any time without giving reasons, and the Services can be discontinued at any time without giving reasons.

  2. We only offer our games to players who are at least 13 years old. People who are younger may not use our games.

  3. The Agreement for a free of charge use of the Services via the browser becomes effective through access to the data from the registration form which you completed and sent to us, and the activation of the account by us, and your acceptance of these GTC pursuant to Art. 1.2. The Licensing Agreement is free of charge.

  4. More information about us, in particular our contact details (fax, e-mail), Commercial Register number and name of authorized representatives can be accessed under "contact us" on our website.

  5. For individual Games you, as User, have the option to utilize services offered by our cooperation partners. In these cases, a separate agreement between you and the cooperation partner is concluded. This agreement is then subject to special conditions of which the cooperation partner will inform you prior to concluding the agreement.

  6. If you are found or suspected to be defrauding the systems of the contest in any manner then you shall be debarred from participating in the contest and we may take legal action against you.

  7. In case of any dispute regarding the app or the contest, our (GMembers) decision shall be final and binding.

  8. GMembers reserves the right to change or modify this terms and conditions from time to time, prospectively or retrospectively, at its sole discretion and without any prior intimation to you. You are requested to carefully read these terms and conditions from time to time before using the app or participating in a contest. It shall be your responsibility to check these terms and conditions periodically for changes. GMembers and eSports may require you to provide your direct or indirect consent to any update in a specified manner before further use of the app or participation in the contest. If no such separate consent is sought, your continued use of the app or participation in the contest, following such changes, will constitute your acceptance of those changes.

  9. GMembers reserves the right to withdraw or discontinue or terminate the contest at any stage without prior notice and without any liability whatsoever to you.

  10. The contest is void where prohibited by law.

  11. In any contest, in case of a draw/tie, the final decision would be of the company. There would be no refunds in any situation.

Art. 3 Services

  1. GMembers and eSports gives Users in compliance with these Terms a personal, royalty-free, non-assignable, non-exclusive and revocable limited license to use the software that is provided as part of the Services. This license is for the sole purpose of enabling the own personal private use from Users to enjoy the Services as provided by GMembers and eSports, in the manner according to these Terms. The Services may change or be modified from time to time without prior notice or communication. Furthermore GMembers and eSports may, at its own discretion, cease totally or partially, and/or permanently or temporarily the provision of the Services or Users accounts without prior notice or communication.

  2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by GMembers and eSports on the Services are subject to change. In consideration for GMembers and eSports granting you access to and use of the Services, you agree that GMembers and eSports and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

  3. When accessing games included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. Such rules are an integral part of the Terms, which Users shall agree and comply with.

  4. Any charges related to Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are full responsibility of such Users.

Art. 4 Content

  1. Subject to your compliance with these Terms, GMembers and eSports grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

    The Content available through the Services has not been verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.

Art. 5 Mobile Games

  1. Games are offered as Mobile games downloads free of charge. As User, you can use the Games by downloading the relevant Mobile game from our website or mobile app.

  2. The Licensing Agreement for a free use of the Mobile App comes about by downloading the Mobile App on your end device and your acceptance of these GTC pursuant to Art. 1.2.

  3. In addition to the free of charge Agreement as described in 3.2 above, you may also buy Premium Services with Mobile Apps in the relevant store (so-called In-App Purchases). It is your choice whether or not you use these In-App Purchases. You will be made aware of the obligation to pay for these Services by a clear marking and must expressly confirm the use by clicking on "Buy" or similar buttons.

  4. With regard to the use of the Premium Services subject to a charge, these GTC also apply as a supplement to the stores' Terms of Use. Further details and information on Premium Services, in particular conclusion of the contract, description of the relevant Premium Services, payment, and revocation notice are specified in Art. 8 under "Premium Licensing Agreement".

  5. We alone, and not the stores, are responsible for the Mobile games and its content. If you have any complaints, requests or questions regarding Mobile games, please contact us. More information about us, in particular our contact details (fax, e-mail), Commercial Register number and names of the authorized representatives can be accessed under "contact us" on our website.

  6. As User, you agree that you will not use the Mobile App in any way that contradicts or violates the Terms of Use and licensing conditions or other agreements between you and the stores.

Art. 6 Name

  1. As the User, you will chose a player name as an alias to participate in the Games ("User Name"). You are not entitled to be allocated a specific User Name.

  2. We are entitled to change or delete the User Name not only for technical but also for ethical or legal reasons without the requiring your approval.

Art. 7 Accounts

  1. As a user, you will receive a user account ("Account") together with your Agreement. With this Account, you can change your data and manage the Games.

  2. As User, you undertake to keep secret any login data, passwords and access data (jointly referred to as "Login Details") for your Account and to inform us without delay as soon as you become aware or suspect that unauthorized third parties gained knowledge of your Login Details. In such a case, you will change your data or have it changed by us. We also reserve the right to block your access temporarily. You will be permitted to use the Game(s) again as soon as we have eliminated the suspicion of any abuse of the Login Details either by you or by a third party.

  3. If a third party uses an Account without authorization by gaining access to your Login Details where you are to blame, you are treated as if you had acted on your own.

  4. Making use of another User's Account is prohibited unless the game rules specifically provide for this (e.g. "holiday replacement").

  5. If we suspect that a third party has become aware of the Login Details, we are entitled, but not obliged, to change the Login Details or block the account without prior notice. We will notify you accordingly without delay and, on request, provide you with new Login Details within a reasonable deadline. Further claims by you as a result of the temporary blocking of your Account or change to your Login Details are excluded.

  6. We reserve right to delete inactive Accounts according to the relevant game rules. In this case, the Licensing Agreement ends automatically.

  7. Users are responsible for safeguarding the password that is used to access the Services. GMembers and eSports encourage Users to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with the accounts. GMembers and eSports cannot and will not be liable for any loss or damage arising from Users failure to comply with the above.

  8. Furthermore, As a GMember user you agree :

    1. To provide true, accurate, current and complete information at the time of registration and at all other times (as required by GMembers). Users further agree to update and keep updated their registration information.

    2. That, you will not register or operate more than one User Account with GMembers.

    3. To ensure that you can receive all communication from GMembers by marking emails or sending SMSs from GMembers as part of your "safe senders" list. GMembers shall not be held liable if any e-mail/SMS remains unread by you as a result of such e-mail getting delivered to your junk or spam folder.

    4. That, any password issued by GMembers to you may not be revealed to anyone else. You may not use anyone else's password. You agree to immediately notify GMembers of any unauthorized use of your passwords or accounts or any other breach of security.

    5. To exit / log-out of your accounts at the end of each session. GMembers shall not be responsible for any loss or damage that may result if you fail to comply with these requirements.

    6. Not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with GMembers Services and/or GMembers experience or assist in such activity.

    7. Not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying GMembers or GMembers’s Services.

    8. That, without GMembers's express written consent, you will not modify or cause to be modified any files or software that are part of GMembers's Services.

    9. Not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support GMembers or the GMembers’s Services (each a "Server"); or (2) the enjoyment of GMembers Services by any other User or person.

    10. Not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt GMembers Services or any other person's use or enjoyment of GMembers Services.

    11. That, you will not attempt to gain unauthorized access to the User Accounts, Servers or networks connected to GMembers Services by any means other than the User interface provided by GMembers, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of GMembers Services.

    12. Without limiting the foregoing, you agree not to use GMembers for any of the following.

      1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;

      2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;

      3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

      4. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, GMembers, any software, hardware, or telecommunications equipment;

      5. To advertise, offer or sell any goods or services for any commercial purpose on GMembers without the express written consent of GMembers;

      6. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;

      7. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

      8. To restrict or inhibit any other user from using and enjoying any public area within our sites;

      9. To collect or store personal information about other Users;

      10. To interfere with or disrupt GMembers, servers, or networks;

      11. To impersonate any person or entity, including, but not limited to, a representative of GMembers, or falsely state or otherwise misrepresent User's affiliation with a person or entity;

      12. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through GMembers or to manipulate User's presence on GMembers;

      13. To publish information that threatens the unity, integrity, defence, security or sovereignty of any Country, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;

      14. To publish information that is an invasion of another’s privacy, their bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

      15. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

      16. To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

Art. 8 Required technical equipment

GMembers and eSports may conduct promotions, including, without limitation, contests, consolation prizes, Level redemptions. GMembers and eSports are not involved in any way with the contest. Each promotion may have additional Terms and rules, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement.

  1. Pricing of, Purchasing and Availability of Levels. GMembers and eSports rewards its users with certain Levels as per the company’s discretion and a proprietary algorithm that factors in multiple variables viz. number of quizzes played, number of quizzes correctly answered, etc. GMembers and eSports Levels have no monetary value and do not constitute currency or property of any type. The number of Levels earned and shown in your Account does not constitute a real-world balance or reflect any stored value, but rather measures the extent of your limited license to use the Applications alongside exercising few options such as redemption of Levels for certain prizes, ability to participate in certain games upon reaching a minimum Level requirement. GMembers and eSports´s Levels cannot be sold or transferred; however, it can be redeemed for certain special deals by making a nominal payment, if applicable, against those deals. GMembers and eSports reserves the right to withdraw the deal anytime during the tenure of the services without prior intimation. You acknowledge that you are not entitled to a refund for any unused Levels or unused Virtual Items when GMembers and eSports stop making an Application available, whether such action is taken at GMembers and eSports´s discretion or due to unforeseen events.

  2. The price payable by you is the price, if applicable, indicated in the Application itself. When you purchase a license to use our Services, or purchase a subscription to use an Application, you agree to pay taxes, levies and any other Statutory/Govt. dues by whatever name called, where applicable, that we or our agent assesses on your purchase. We reserve the right to change the price and specifications shown in relation to any Application, any subscription, Levels, deals and Items etc. We do not offer any returns or cancellations of purchases unless the user satisfies any minimum performance criteria that’s decided by GMembers and eSports and mentioned on the App.

  3. As for any competition or deal that’s placed in the Application, GMembers and eSports reserves complete rights for the following –

    1. Decision pertaining to competition format and content

    2. Decision pertaining to the prizing structure viz. Main prize, Consolation prize, whenever, and wherever applicable.

    3. Decision pertaining to criteria of selection of winners.

    4. Decision pertaining to disbursal of prizes, gifts and deal redemptions, whenever, and wherever applicable.

GMembers and eSports hold no liabilities against any form of aberration w.r.t. quality of the product, logistics & handling procedures, any other unforeseen cost or unfavorable constraint that surfaces during the process of the user claiming its prizes.

Art. 9 Required technical equipment

  1. The use of the Games is only possible through locally installed app as well as an internet connection on your computer, tablet, Smartphone or other end device ("End Device"). These include an Internet browser, a connection to the Internet, an operating system, possible plug-ins, and possibly required clients for the use of the Game. You bear the costs of this software and its application as well as the costs incurred for the use of the Internet connection. It is your responsibility to maintain your End Device in such a manner as to ensure the use of the Games. We do not provide any support for this.

Art. 10 Scope of content

  1. We provide the Games and other Services within the scope of our technical and operational possibilities. The Services of the Games are open to Users who have an Agreement and consequently an Account.

  2. All the Games, Services, Premium Services, items or currencies we offer are reworked and updated at our discretion to ensure that they remain attractive for the largest possible circle of users. To make sure that all users can take part in the Game, it is essential that all users use the same version of the Game or currency. For this reason, you may use the relevant Game or the currency only in the most recent version.

  3. We reserve the right to discontinue the operation of the Games or parts thereof without giving reasons.

Art. 11 (User’s / Player’s) Financials e-Sports

Sub-Art 11.1 Payment Withdrawals

  1. You will not be able to withdraw in case the balance of your deposited amount of money on Gmembers site goes less than US Dollar (USD) 100.

Sub-Art 11.2 Liability of betted Amount

  1. You, as a User/Player, are fully liable for the amount of money that you invest on betting on eSports Game, or others on GMembers. You acknowledge and accept the fact that through betting your money on GMembers

    1. You can lose all the amount of betted money in case you lose the game as agreed upon by majority of the players through Game Portal including the vote from the players of the opponent team, or in case of Dispute as per decision by the GMembers Admin, OR ..

    2. you can win the amount of betted money in case if you win the game as agreed upon by majority of the players including the vote from the players of opponent team, or in case of Dispute as per decision by the GMembers Admin

Sub-Art 11.3. Leave Game

  1. If you Join a Game and then Leave the Game without playing it (which means you leave the Game without clicking on the “Ready” button), then your betted amount will be reverted back to your account balance with GMembers, however if you leave the game while playing a bet on an eSports game (which means after clicking the Ready button), you lose all the amount of money you used to bet on that specific game, whether a confirmation box is displayed or not.

Sub-Art 11.4 Log-out / Signing out of your GMembers Account

If you log out (sign out) of GMembers site while playing a bet on an eSports Game, you lose all the amount of money you used to bet on that specific game whether a confirmation box is displayed or not.

Art 12: Resolution of Game Arbitration

In case of Arbitration on the Game, the GMembers Admin reserves full rights to review the Proofs provided by the Players of Teams, and declare the Winner Team / Players. You, as a User / Player will be required to accept the decision and consequences as described in Art 11 which will apply as effective.

Art 13. Deletion of Account

On request of delete / removal of your account on Gmembers, your account will be deactivated immediately, however your Account on GMembers will not actually be deleted immediately on our system instead it will be queued to be deleted after one month of request of removal after which you will not be able to access your deleted account.

You will be able to revert your request to Delete / Removal of your Account within 30 days.

Art. 14 Agreement duration and cancellation

  1. Provided nothing to the contrary is agreed in our actual offer, the Agreement between you and us is concluded for an indefinite period of time.

  2. If no duration is agreed upon regarding the duration of the Licensing Agreement, it can be cancelled at any time. Reasons need not be given.

  3. We are in particular, but not exclusively, entitled to cancel the Agreement for important reasons, if you commit criminal acts; or there is a violation of Art.

  4. If there is no cancellation stipulated for the relevant Game (e.g. delete feature), a cancellation notice must be effected in written form (letter, fax, e-mail). Giving reasons for the cancellation is required in case of an extraordinary notice of cancellation.

  5. For technical reasons, the final deletion of the Account and the user data only occurs after several days.

Art. 15 Safety, cheating

  1. You are not entitled to use mechanisms, software, programs or other routines that could disrupt our systems. You may not adopt any measures that could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic control of the Games or special game features (Bots, Macros), for the reproduction or evaluation of the Games is not permitted.

  2. It is prohibited to exploit bugs or faults in the Games' programming and during gameplay that could represent an advantage for you for personal and/or third party purposes. If you discover any bugs, you shall notify us immediately. As far as you have derived any benefits therefrom, such benefits must be reimbursed to the extent this is possible. Intentionally exploiting bugs or fault, or publishing such exploits on the Internet or through mobile applications, can lead to an immediate cancellation of the Agreement without notice and a deletion of the Account.

  3. The use of software which allows data mining or that in any other way collects information associated with the Games is prohibited.

  4. The use of items outside the Game, their sale or purchase for real money or their exchange is prohibited.

Art. 16 Your obligations

  1. As User, you undertake to provide us true and complete information upon registration and when using the Premium Services. You undertake to inform us immediately of any changes to the data supplied and to confirm their validity upon request.

  2. You undertake to abide by the provisions of these GTC, to observe the rules of the game and to obey our instructions and those of our employees as well as our vicarious agents and assistants. This includes the instructions of administrators and moderators (community managers, supporters) in the Game’s forums.

  3. As User, you will refrain from any action that endangers or disrupts the operation and functionality of the Games and the successful collaboration with other users. In particular, you are prohibited from choosing a User Name that violates rights of third parties (in particular copyright, personal rights, trademark rights, company rights, etc.) or moral standards, e.g. is disrespectful towards religious orientation of third parties, is racist or discriminatory (we expressly distance ourselves from such behavior;)

  4. The use of items outside the Game, their sale or purchase for real money or their exchange is prohibited.

    1. Using an e-mail or internet address as a User Name; committing identity theft;

    2. using or publishing content tantamount to mobbing, or threatening, harassing, insulting or defamatory content, or publishing or linking to corresponding material on a third party website, irrespective of whether this content affects other users, our employees or other persons or companies;

    3. using, placing or publishing discriminatory content (e.g. hate speeches against groups of persons, in particular based on race, ethnic origin, religion, disability, gender, age, veteran status or sexual orientation), or content that is political, immoral, pornographic, morally reprehensible, offensive, violent, glorifies violence, sexist, right-wing or left-wing or that violates laws, in particular child protection laws and the Interstate Treaty on the Protection of Minors; or linking to corresponding material on a third party website or advertising, offering for sale or otherwise promote offending products contravening the law, in particular child protection laws;

    4. violating applicable laws or prompting legal violations or linking to corresponding articles;

    5. publishing, duplicating, making publicly accessible or distributing protected content, and in particular violating industrial property rights (e.g. copyright law, trademark law, patent law, design patent law or utility patent law);

    6. advertising, offering or distributing goods or services;

    7. conducting or promoting anti-competitive actions, including progressive customer advertising (such as chain schemes, snowball schemes or pyramid schemes);

    8. requesting provision of Login Details or personal data from other users for commercial or illegal purposes;

    9. carrying out or advertising (also via a link) commercial activities and/or sales for third parties, e.g. advertisements, competitions, lotteries, draws, exchange transactions, snowball schemes;

    10. duplicating or making publicly accessible an image of another person without the relevant person’s written approval;

    11. publishing personal data and confidential information without authorization;

    12. using the services for commercial gain;

    13. publishing or distributing content that causes damage to networks, servers or other infrastructural components, hampers their operation, or accessing such content (e.g. distribution of worms, Trojans, viruses, spyware, password-phishing, etc.).

  5. Intentional false entries, the use or placement of unauthorized content or violations of Art. 11 and Art. 12.3 or the abuse of data entitles us to give extraordinary notice. We also reserve the right to take further legal action.

  6. We are entitled to delete user-generated content. This applies in particular to content violating these GTC.

  7. Without limiting the foregoing, Users agree not to use GMembers for any of the following.

    1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;

    2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;

    3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

    4. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, GMembers, any software, hardware, or telecommunications equipment;

    5. To advertise, offer or sell any goods or services for any commercial purpose on GMembers without the express written consent of GMembers;

    6. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;

    7. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

    8. To restrict or inhibit any other user from using and enjoying any public area within our sites;

    9. To collect or store personal information about other Users;

    10. To interfere with or disrupt GMembers, servers, or networks;

    11. To impersonate any person or entity, including, but not limited to, a representative of GMembers, or falsely state or otherwise misrepresent User's affiliation with a person or entity;

    12. To impersonate any person or entity, including, but not limited to, a representative of GMembers, or falsely state or otherwise misrepresent User's affiliation with a person or entity;

    13. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through GMembers or to manipulate User's presence on GMembers;

    14. To publish information that threatens the unity, integrity, defence, security or sovereignty of any Country, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;

    15. To publish information that is an invasion of another’s privacy, their bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

    16. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

    17. To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

    18. If a User chooses a username that, in GMembers's considered opinion is obscene, indecent, abusive or that might subject GMembers to public disparagement or scorn, GMembers reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from GMembers, deny such User access to GMembers, or any combination of these options.

    19. Unauthorized access to GMembers is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access GMembers by any means other than through the interface that is provided by GMembers for use in accessing GMembers. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

    20. Users acknowledge and accept that they are subject to receive occasional communications, in relation to their obligation to comply with the Terms and Conditions, rules and regulations, Privacy Policy or any other user document to access the Services and Platform offered by GMembers. In the event of non-compliance, GMembers reserves the right to terminate the User’s access or usage rights to the Services and Platform offered by GMembers.

    21. Use of GMembers is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit GMembers's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of GMembers.

    22. Users may reach out to GMembers through:

      1. Helpdesk if the user has any concerns with regard to a match and/or contest within Forty-Eight (48) hours of winner declaration for the concerned contest.
    23. Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the GMembers Platform. The Users will have to disclose their real age at the time of getting access into the GMembers Platform.

    24. GMembers may not be held responsible for any content contributed by Users on the GMembers.

Art. 17 Availability

  1. We guarantee availability of the Games at 98% on an annual average. Excepted here from are times for regular maintenance of the Games, which is only possible in an off-line mode, and times in which the Games, due to force majeure, external manipulation or other problems that are not within our control or that of our vicarious agents, cannot be reached. We are liable for the unavailability of the Games only in cases of willful intent or gross negligence or culpable violation of life, body or health.

Art. 18 Intellectual Property

  1. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services, are owned by or licensed to GMembers and e-Sports. By submitting Content on or through the Services, Users grant GMembers and e-Sports a worldwide, non-exclusive, royalty-free license -with the right to sublicense- to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such Content in any and all media or distribution methods now known or later developed.

  2. Users must not copy, distribute, make available to the public or create any derivative work from any Content belonging to GMembers and e-Sports and/or any other User. GMembers and e-Sports respect the intellectual property rights of others and expects Users to do the same. If Users or any third party believe that their Content has been copied in a way that constitutes copyright infringement, they shall provide GMembers and e-Sports with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; (iv) contact information, including address, telephone number, and an email address; (v) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner.

  3. GMembers and e-Sports reserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion, and without any liability.

Art. 19 Intellectual Property

By entering a Contest, user agrees to be bound by these Terms and the decisions of GMembers. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:

  1. Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by GMembers to enter a contest and/or claim a prize/winning.

  2. Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.

  3. Colluding with any other user(s) or engaging in any type of syndicate play;

  4. Any violation of Contest rules or the Terms of Use;

  5. Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;

  6. Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose;

  7. Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;

  8. Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;

  9. Obtaining other users’ information without their express consent and/or knowledge and/or spamming their users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to GMembers Users, sending unwarranted email content either to selected Users or in bulk); or

  10. Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)

It is clarified that in case a User is found to be in violation of this policy, GMembers reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.

Art. 20 Payment Terms

  1. In respect of any transactions entered into on the GMembers platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:

    1. The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee (when applicable) for access to the GMembers Services charged by GMembers and predetermined participant’s contribution towards prize money pool.

    2. Subject to these Terms and Conditions, all amounts collected from the User are held, until determination of the Winners and distribution of prizes. GMembers receives only its share of the platform Fees, subject to applicability.

    3. 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 terms and conditions of such Contest. It is clarified that GMembers has no right or interest in this Prize Money Pool, and only acts 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.

    4. Any user availing GMembers services are provided with two categories of accounts for the processing and reconciliation of payments: (i) ‘Unplayed’ Account, (ii) Winnings Account. It is clarified that in no instance the 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:

      1. User's winnings can be credited in any wallet sub-section (Deposits, Bonus, Winnings) in any proportion at GMembers's sole discretion.
      2. User’s remitting the amount the designated payment gateway shall be credited to User’s ‘Unplayed’ Account’.
    5. Each time a User participates in any contest on GMembers 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 Unplayed Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.

    6. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or 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 ‘Unplayed’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions.

    7. Debits from the ‘Unplayed’ 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 ‘Unplayed’ Account, and accordingly amounts credited into ‘Unplayed’ Account earlier in time shall be debited first.

    8. A User shall be permitted to withdraw any amounts credited into such User's ‘Unplayed’ Account for any reason whatsoever by contacting GMembers Customer Support. All amounts credited into a User's ‘Unplayed’ Account must be utilised within 60 days of credit. In case any unutilised amount lies in the ‘Unplayed’ Account after the completion of 60 days from the date of credit of such amount, GMembers reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of ё identity and address in order for GMembers to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on GMembers, as well as the name and address existing in the records of the User's bank account as provided to GMembers. In the event that no bank account has been registered by the User against such User's account with GMembers, or the User has not verified his/her User account with GMembers, to GMembers's satisfaction and in accordance with these Terms and Conditions, GMembers shall provide such User with a notification to the User's email address as on record with GMembers at least 30 days prior to the Request 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 Request date, GMembers shall be entitled to forfeit any amounts subject to transfer. Failure to provide GMembers with a valid bank account or valid identification documents (to GMembers's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.

    9. Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to GMembers but the amount will be forfeit upon completion of 60 days from the date of credit of such amount in the User's Winnings Account or upon completion of 60 days of in-activity.

    10. Further, in order to conduct promotional activities, GMembers may gratuitously issue Bonus points (Called as Cash Bonus) to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus . The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by GMembers and notified to the User at the time of issue of such amount. The issue of any points to the user is subject to the sole discretion of GMembers and cannot be demanded by any User as a matter of right. The issue of any such amount by GMembers on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by GMembers to such User. The bonus points/Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to the prize pool in any Contest, in accordance with these Terms and Conditions. The bonus points shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with GMembers or such account if terminated by GMembers, all bonus points granted to the user shall return to GMembers and the User shall not have any right or interest on such points.

    11. All cash bonuses credited in the User account shall be valid for a period of 14 days from the date of credit. The cash bonus shall lapse at the end of 14 days and the cash bonus amount shall not reflect in the User account.

    12. Users agree that once they confirm a transaction on GMembers, they shall be bound by and make payment for that transaction.

    13. A transaction, once confirmed, is final and no cancellation is permissible. GMembers 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.

    14. The real money added by the User on GMembers will solely be applied towards the rights provided to you, by the Company, to play any game/s. Such amount will be completely non-refundable and non-transferrable and can only and only be utilised towards the playing of games on GMembers. The T&C of each game would be displayed, along with the fixed/ variable winnings amount which the User may win on participation and successful completion of the terms of the game. Such amounts will be decided by the Company for each game separately. The User would be eligible to withdraw only to the extent of their winnings (before that expires) and after submission of relevant documentation to the Company.

  2. Miscellaneous

    1. The decision of GMembers with respect to the awarding of prizes shall be final, binding and non-contestable.

    2. The final assessment of wins by a User shall be determined at the time of withdrawal of Wins, which will be subject to applicable direct and indirect taxes. The withdrawal of Wins shall be subject to applicable TDS as per the provisions of the Income Tax Act (as described under Tax and TDS Policy)

    3. If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), GMembers shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, GMembers may, at its sole and absolute discretion, suspend or terminate such Participant's account.

    4. To the extent permitted by law, GMembers make no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.

    5. GMembers may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against GMembers or question its right to modify such prizes being offered, prior to closure of the Contest.

    6. GMembers will not bear any responsibility for the transportation or packaging of prizes to the respective winners. GMembers shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.

    7. The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.

    8. The Winners shall bear all transaction charges levied for delivery of cash prizes.

    9. All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.

20.1. Release and Limitations of Liability

  1. Users shall access the GMembers Services provided on GMembers voluntarily and at their own risk. GMembers shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the GMembers Services (including participation in the Contest(s)) or as a result of acceptance of any prize.

  2. By entering the contests and accessing the GMembers Services provided therein, Users hereby release from and agree to indemnify GMembers, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the GMembers Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

  3. GMembers accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.

  4. Users shall be solely responsible for any consequences which may arise due to their access to GMembers Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to GMembers Services, including provision of incorrect address or other personal details. Users also undertake to indemnify GMembers and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by GMembers on account of such act on the part of the Users.

  5. Users shall indemnify, defend, and hold GMembers harmless from any third party/entity/organization claims arising from or related to such User's engagement with the GMembers or participation in any Contest. In no event shall GMembers be liable to any User for acts or omissions arising out of or related to User's engagement with the GMembers or his/her participation in any Contest(s).

  6. In consideration of GMembers allowing Users to access the GMembers Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against GMembers, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of GMembers Services or related to the Contests or the prizes of the Contests.

20.2. Standard Terms and Conditions of "Invite Friends" program

The GMembers Invite Friends Program lets you invite friends to join GMembers ("Program"). In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend can earn a Cash Bonus from GMembers of upto Rs. 100 ("Bonus Amount"), which Bonus Amount will be redeemable to join cash contests and contests through the GMembers’s mobile application for the iOS and/or Android mobile devices ("GMembers Application"). To participate in the Program, please note our terms and conditions ("Terms") in this respect, as they govern your participation in the Program:

  1. Participation in the Program is voluntary. A user shall not register or operate more than one user account with GMembers and shall not participate in the Program with more than one user account with GMembers.

  2. By participating in the Program, you agree to and accept these Terms.

  3. For the purpose of participation in the Program, you are required to have the GMembers Application downloaded and installed on your mobile device. Through the GMembers Application, you will be provided with a unique link or code, which can be shared by you ("Inviter") with friends (each an "Invitee") for the purpose of inviting such friends to create and register an account with GMembers and download the GMembers Application. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to register an account with GMembers and download and install the GMembers Application on his/her device; or (ii) download and install the GMembers Application on his/her device independently, register for a GMembers account through the GMembers Application and enter the unique code shared by the Inviter.

  4. The Invitor and the Invitee will be eligible to earn the Bonus Amount subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of GMembers; and (ii) the Invitee successfully registering for an account with GMembers through the unique link or by using the unique code shared by the Inviter; and (iii) the Inviter and Invitee verifying the Inviter’s and the Invitee’s respective mobile number as provided at the time of registration within thirty (30) days from the date on which Invitee registers for an account with GMembers ("Verification Period"). For the purposes of these Terms, an 'existing user of GMembers' shall mean a user who presently operates an account with the Platform or operated an account with the Platform at any point of time.

  5. An Invitee who is an existing user of GMembers is not permitted to register a new account with the Platform for the purpose of availing of the Bonus Amount. GMembers will determine in its sole discretion whether an Invitee is an existing user of GMembers or not and take appropriate action.

  6. The verification process may require an Inviter/Invitee to submit personal information about the user (Invitor / Invitee) and documents identifying the Invitor / Invitee. The Inviter agrees to receive communication from GMembers and to allow GMembers to communicate with Invitees referred by you about the Inviter's participation in the Program. Any information collected in respect of the Inviter/Invitee as part of the Program or otherwise in the course of such person's use of the Website shall be subject to GMembers's Privacy Policy (available here: https://www.g-members.com/privacy-policy).

  7. The verification of an Inviter/Invitee shall be completed at the time of first withdrawal by the Inviter/Invitee from the Inviter’s/Invitee's 'Your Winnings' account or 'Your Deposits' account with the Platform. An Inviter/Invitee may voluntarily seek verification of the Inviter/Invitee by clicking on the 'Verify Now' tab of the Account Balance page of the Inviter/Invitee's account with the Platform. In the event that the Invitee opts to register for a GMembers account through the GMembers Application, the Invitee can verify his/her contact information at the time of registration.

  8. THE BONUS AMOUNT SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT.

  9. The deposit of the Bonus Amount shall be at the sole discretion of GMembers and shall be subject to the Inviter’s/Invitee’s compliance with these Terms. GMembers may substitute or change the Bonus Amount offered under the Program at any time without notice. An Inviter/Invitee may not substitute the amount of Bonus Amount or substitute offering for other items or exchange for cash.

  10. GMembers reserves the right to:

    1. withhold the deposit of the Bonus Amount; and/or

    2. forfeit any deposited Bonus Amount to an Inviter/Invitee or any prizes/winnings earned by the participant by using such Bonus Amount; and/or

    3. credit the user's winnings amount in any contest in any wallet sub-section (Deposits, Bonus, Winnings) in any proportion at GMembers's sole discretion

    4. Mere participation in the Program does not entitle the Inviter/Invitee to receive any Bonus Amount.

    5. GMembers may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Invitor / Invitee engages in or it is found that such Invitor / Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise).

    6. The decision of GMembers will be final and binding with regard to the Program, and the deposit of the Bonus Amount and no correspondence, objection, complaints, etc. will be entertained in this regard.

    7. This Program cannot be clubbed with any other contests/promotions/programs that are running simultaneously and organised or conducted by GMembers.

    8. GMembers reserves the right to change/modify/or withdraw the Program and/or change these terms and conditions without any prior notice of the same at its sole discretion.

    9. The Terms and Conditions, as applicable to the GMembers's fantasy games and services, will apply to and govern the Program.

    10. GMembers does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Program.