Terms and Conditions

General

These are the Terms and Conditions ("Terms") that bind a legally binding agreement between you ("User", "You", or "you") and Empire Games, the mobile game application, its software, their associated upgrades, patches, and updates and related services ("Empire Games", "Software", "Product" or "Services").

These Terms apply to and govern your use of the Empire Games app and its relevant services currently provided by or will be provided by Fabzen Technologies Private Limited ("Fabzen").

Any user utilising the Empire Games app for availing of the online gaming services offered therein or participating in the various tournaments and games, being conducted on Empire Games, shall be bound by these Terms, and all other rules, regulations and terms of use referred to herein or provided by Empire Games in relation to any Empire Games Services.

Empire Games shall be entitled to modify these Terms, rules, regulations, and terms of use referred to herein or provided by Empire Games in relation to any Empire Games Services at any time, by posting the same on the Empire Games app. Use of Empire Games constitutes the User's acceptance of such Terms, rules, regulations, and terms of use referred to herein or provided by Empire Games in relation to any Empire Games Services, as may be amended from time to time. Empire Games may also notify the user of any change or modification in these Terms, rules, regulations, and terms of use referred to herein or provided by Empire Games, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms, rules, regulations, and terms of use referred to herein or provided by Empire Games. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms, rules, regulations, and terms of use referred to herein or provided by Empire Games.

Certain Empire Games Services being provided on Empire Games may be subject to additional rules and regulations set down in that respect. To the extent that these Terms are inconsistent with the additional conditions set down, the additional conditions shall prevail.

By accessing, browsing and using the Empire Games app and its services, by downloading and using the Product and its services, you are agreeing to Empire Games's Terms and acknowledge you have read its Privacy Policy.

If you do not agree with any of these Terms, you are prohibited from using the Product any further and must discontinue its use immediately.

Intellectual Property

All intellectual property including but not limited to the design elements, images, videos, content, music, sounds, logo, trademark, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names present in the Product and all compositions of the Product software, software, and source code as well as any future updates, upgrades and new versions, and any other elements which are part of the Product, individually or in combination are therefore owned by Fabzen. Fabzen reserves all rights, including but not limited to all intellectual property or other proprietary rights, in connection to the Empire Games. The Product is protected by national and international laws, copyright treaties and conventions and other laws.

You have no right to use our intellectual properties unless expressly provided in these Terms. In particular, you have no right to use our trademarks or product names, logos, domain names or other unique brand features without our prior written consent. Any comments or suggestions you may make about our services are entirely voluntary and we will be free to use them at our discretion without payment or other obligations to you.

We reserve the right, with or without notice, at any time in our sole discretion to block access and/or terminate the account of any user who infringes or is accused of infringing any copyright or other intellectual property.

Grant of Limited License

Empire Games has multiple casual games such as Ludo, Callbreak, Teen Patti, etc., that share similar gameplay to their original, traditional, classic, historical game, and grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license ("License") to install and/or use the Product and Services for your personal, non-commercial use.

The rights that Empire Games grants you under the License are subject to these Terms, and you may only make use of the License if you comply with all applicable terms. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Product on certain hardware. The License becomes effective on the date you accept these Terms. The Empire Games Mobile Software, the Empire Games app is licensed, not sold, to you; the License does not grant you any title or ownership in the Software.

As applicable, certain parts of the Product may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. Please follow the clause 8 for the same.

License Conditions

4.1 You are not permitted to do any of the following with respect to the Product or any of its parts:

• use it commercially or for a promotional purpose;
• copy, reproduce, display, perform, or otherwise use it in a way that is not expressly authorized in these Terms;
• sell your account or otherwise transfer winnings to any third party;
• reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble them or make derivative works based on them;
• remove, disable, circumvent, or modify any proprietary notice or label or security technology included in them;
• create, develop, distribute, or use any unauthorized software programs to gain an advantage in the online game modes;
• use them to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
• use, export, or re-export them in violation of any applicable law or regulation; or
• behave in a manner which is detrimental to the enjoyment of the Product and its relevant services by other users as intended by Empire Games, in their sole judgment, including but not limited to the following – cheating, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.

4.2 While using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern your use of the Product, which are not meant to be exhaustive and can be modified at any time by Fabzen. In all cases, you may only use the Product according to the anticipated use of the Product. For example, for purposes, and without limiting Fabzen's rights to take action against you, you may not:

• create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual's right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking, or circulation of counterfeit software);
• modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the software, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
• transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in, or be involved in any way in an attack on Fabzen's servers and/or the Product and/or those of its service providers and partners;
• create, supply, or use alternative methods of using the Product, for example, server emulators;
• spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
• transmitting or communicating any material or content which, in the sole and exclusive discretion of Fabzen, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
• harassing or threatening any other users of the Products;
• make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Fabzen's personnel;
• falsely claim to be an employee or representative of Fabzen or its partners and/or agents;
• falsely claim an endorsement in connection with the Products or with Fabzen.

Any non-compliance by you with this clause may also be a violation of our or third parties' intellectual property and other proprietary rights, which may subject you to civil liability and/or criminal prosecution.

User Conduct

Users agree to abide by the following stipulated rules, regulations, and terms of use of the Product. In the event, that the user does not abide by these following rules, regulations, and terms of use, Empire Games may, at its sole and absolute discretion, take necessary remedial action, including but not limited to restricting, suspending, or terminating any user's access to all or any part of Empire Games's Services:

1. Deactivating or deleting a user's account and all related information and files on the account. Any amount remaining unused in the user's Winnings Account on the date of deactivation or deletion shall be transferred to the user's bank account on record with Empire Games, subject to a processing fee (if any) applicable on such transfers as set out herein; or
2. refraining from awarding any prize(s) to such user.
3. Users agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Empire Games). Users further agree to update and keep updated their registration information.
4. A User shall not register or operate more than one user account with Empire Games.
5. Users agree to ensure that they can receive all communication from Empire Games by marking emails from Empire Games as part of their "safe senders" list. Empire Games shall not be held liable if any email remains unread by a user as a result of such email getting delivered to the user's junk or spam folder.
6. Any password issued by Empire Games to a user may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Empire Games of any unauthorized use of their passwords or accounts or any other breach of security.
7. Users agree to exit/log out of their accounts at the end of each session. Empire Games shall not be responsible for any loss or damage that may result if the user fails to comply with these requirements.
8. Users agree not to use cheats, exploits, automation, software, bots, hacks, or any unauthorised third-party software designed to modify or interfere with Empire Games's services and/or the Empire Games experience or assist in such activity.
9. Users agree 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 Empire Games or Empire Games's Services.
10. Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support Empire Games or the Empire Games's Services (each a "server"); or (2) the enjoyment of Empire Games's Services by any other user or person.
11. Users agree not to institute, assist or become involved in any type of attack, including without limitation, distribution of a virus, denial of service, or other attempts to disrupt Empire Games's Services or any other person's use or enjoyment of Empire Games's Services.
12. Users shall not attempt to gain unauthorized access to the user accounts, servers or networks connected to Empire Games's Services by any means other than the user interface provided by Empire Games, 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 Empire Games's Services.

Without limiting the foregoing, Users agree not to use Empire Games for any of the following:

• To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory, or abusive action or communication;
• To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
• To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
• 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, Empire Games, any software, hardware, or telecommunications equipment;
• To advertise, engage in or execute any contingent agreement with the outcomes of Empire Games;
• To transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
• To advertise, offer or sell any goods or services for any commercial purpose claiming to be from Empire Games without the express written consent of Empire Games;
• 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;
• 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;
• To restrict or inhibit any other user from using and enjoying any public area within our sites;
• To collect or store personal information about other users;
• To interfere with or disrupt Empire Games, servers, or networks;
• To impersonate any person or entity, including, but not limited to, a representative of Empire Games, or falsely state or otherwise misrepresent a user's affiliation with a person or entity;
• To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Empire Games or to manipulate a user's presence on Empire Games;
• To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
• 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.

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

Unauthorized access to Empire Games is a breach of these Terms and a violation of the law. Users agree not to access Empire Games by any means other than through the interface that is provided by Empire Games for use in accessing Empire Games. 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 app.

The use of Empire Games is subject to existing laws and legal processes. Nothing contained in these Terms shall limit Empire Games's right to comply with government, court, and law-enforcement requests or requirements relating to users' usage of Empire Games.

Users may contact Empire Games's Helpdesk with problems or questions, as appropriate.

Consent to Monitor

When you are using the Products, our server or an affiliated third party may monitor your hardware random access memory (RAM) for unauthorized third-party programs/codes prohibited by Clauses 2&3 that interact with the Product. That you give Empire Games, all the rights and accent to monitor and record your gameplay at any stage they might deem fit. In the event that we or our affiliates detect any such unauthorized third-party program or restricted use laid out in Clauses 2& 3, information may be communicated back to Empire Games, including the name of your account, details about the unauthorized activities detected, and the time and date that the unauthorized third-party program was detected, along with the hardware specifications and performance characteristics of your hardware, with or without additional notice to you. If the Product detects the use of an unauthorized third-party program, this License and your access to the Product may be terminated with or without additional notice to you. In that event, all your winnings may be forfeited by Empire Games, and the general clauses of "Refund & Cancellations" shall not be applicable. And further, you give Empire Games full rights to detect your in-app activities as per RBI-based AML Policy. Empire Games is allowed to report to the concerned authorities if your in-game activities go against the laws of India, where the jurisdiction of Empire Games lies.

However, please note that Empire Games is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by you in the Product, including in-game chats. Such communications are the sole responsibility of the user in question.

Winning Withdrawals

Awards for all Tournaments & Contests shall be pre-declared at the time of registration in the specific rules applicable to such Tournaments & Contests. Awards may be in the form of cash winnings or promotional gifts.

Users are eligible to withdraw only game winnings or cash winnings, with a lifetime withdrawal limit of ₹10, from his/her Account to his/her respective bank/wallet account once it is validated and KYC (Know Your Customer) verified. KYC is mandatory if you are withdrawing more than the designated KYC withdrawal limit from your winning wallet.

Please ensure your bank account/UPI ID is active, failing which, we will be unable to process the withdrawal; and

KYC Conditions

Empire Games validates the user account upon initial withdrawal through KYC verification. Empire Games also reserves the right to carry out the KYC procedure when a user reaches an aggregate lifetime withdrawal of the designated KYC withdrawal limit. In case of withdrawal through a bank account or UPI, please ensure that the name on your KYC document matches/is the same as the name of the account holder submitted for withdrawing winnings. In the event the name on the KYC document does not match the account holder's name, the same shall be considered invalid. In such an event, you may retry adding your bank account details/UPI ID to ensure the name matches the name on your KYC document.

KYC verification is mandatory as proof of identity for making withdrawals from your account to your bank/wallet account. KYC verification may be done through the Product by providing certain details: (i) a photograph of a valid government ID; and (ii) other User Details.

Guideline for the "KYC Process" Proof of ID:

• The correct address & signature is present.
• The full name matches the user's name.
• The documents do not expire in the next 3 months

If you opt to provide your ID card/number for completion of KYC, you hereby: (i) Understand and agree that your ID has been submitted only for the completion of your KYC verification; (ii) You authorise us to temporarily access your ID card and you understand that we will not be storing your Aadhar number unless as prescribed by law. (iv) Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game.

You are responsible for all transactions made through your Empire Games accounts.

The decision of Empire Games with respect to the awarding of prizes shall be final, binding, and non-contestable. 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. Empire Games further reserves the right to investigate and validate accounts of any suspicious amount which may be deemed necessary as per the KYC and AML regulations laid out by RBI.

Bonus Conditions

As per the Empire Games wallet conditions, any bonuses, including but not limited to, sign-up bonuses, and coupon cashback, collected in the Bonus Wallet by the user will be deducted and refunded back to Empire Games after 7 days of being attained.

The user understands that if the user does not utilize the Bonus Wallet amount within 7 days of being attained, the user forfeits all their rights over the Bonus Wallet balance cash amount and the Bonus balance shall be absorbed by Empire Games.

Taxes Payable

The Users shall be responsible for payment of any applicable tax, including but not limited to, income tax, gift tax, etc., in respect of the prize money in real-time.

Third-Party Sites, Services and Products

Empire Games 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. Empire Games does not exercise control over any Internet sites apart from Empire Games, and cannot be held responsible for any content residing in any third-party Internet site. Empire Games's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Empire Games of such third-party Internet sites. Empire Games uses 3rd party services to track and enhance the marketing and Ad Campaigns for Empire Games and its users.

Empire Games processes users' correspondence, transactions, or related activities with affiliated third parties as our integrated payment getaway providers and financial service providers. In case we change our 3rd party service providers, we shall update the same here for you, here. User's correspondence, transactions, and usage of the services 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 of such third party. User agrees that Empire Games will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third-party service should be directed to the appropriate vendor.

Empire Games contains content that is created by Empire Games as well as content provided by third parties. Empire Games does not guarantee the accuracy, integrity, or quality of the content provided by third parties and such content may not be relied upon by the users in utilizing the Empire Games's Services provided on Empire Games, including while participating in any of the contests hosted on Empire Games.

Updates and Patches

Fabzen may provide patches, updates, or upgrades to the Empire Games app that must be installed in order for you to continue to use the Product or Services. Fabzen may update the Product remotely without notifying you, and you hereby consent to Fabzen applying patches, updates, and upgrades. Fabzen may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Product or Services at any time. You acknowledge that your use of the Product or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to any in-game rewards, achievements, or character levels. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Product or Services may cease to be available to you at any time without notice from Fabzen, including, without limitation, after a patch, update, or upgrade is applied by Fabzen. Fabzen does not have any maintenance or support obligations with respect to the Product or Services.

Feedback

If you provide Fabzen with any feedback, you hereby grant Fabzen a non-exclusive, fully paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Fabzen is not required to make any use of any feedback that you provide. You agree that if Fabzen makes use of your feedback, Fabzen is not required to credit or compensate you. You represent and warrant that you have sufficient rights in any feedback that you provide to Fabzen to grant Fabzen and its affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.

Disclaimer of Warranties

No part of these terms affect any legal rights that you cannot agree to change or waive as agreed, and you shall always use them as a user.

Fabzen disclaims any and all warranties, expressed or implied, in connection with the underlying software of the Product and its Services, all of which are provided to the User as is.

You agree that the use of the Product and access to the Product is done at your own risk. The Product, the content, and any other materials contained on or provided through Empire Games are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Fabzen does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility, or non-infringement; or that the Services will be uninterrupted, free of viruses, malware, or other harmful components, accurate, error-free or reliable.

Scope of Liability

The Product and Services are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind. Fabzen, its affiliates, and its and their licensors and service providers (collectively, the "Fabzen Parties") disclaim all representations, warranties and conditions (whether express or implied) with respect to the Product and Services, including, without limitation, regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Fabzen knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Fabzen Parties make no warranty that (1) the Product or Services will operate properly at all times, (2) the operation of the Product or Services will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in the Product or Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law.

Users shall access the Empire Games's Services provided on Empire Games voluntarily and at their own risk. Empire Games 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, or loss of property by users or any other person or entity during the course of access to the Empire Games's Services (including participation in the Contest(s)) or as a result of acceptance of any prize.

By entering the Empire Games application and accessing the Empire Games's Services provided therein, users hereby release from and agree to indemnify Empire Games, 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 Empire Games's 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.

Empire Games accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties.

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

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

In consideration of Empire Games allowing users to access the Empire Games's Services hosted on Empire Games, 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 Empire Games, 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 Empire Games's Services or related to the Contests or the prizes of the Contests.

Indemnification

You agree to indemnify, pay the defence costs of, and hold harmless Empire Games, the Fabzen Parties and their respective employees, officers, directors, agents, contractors, and other representatives from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of these Terms or negligence by you, (b) any act or omission by you in using the Product or Services, or (c) any claim of infringement or violation of any third party intellectual property rights arising from Fabzen's use of your feedback. You agree to reimburse the Fabzen Parties on demand for any defence costs incurred by the Fabzen Parties and any payments made or loss suffered by the Fabzen Parties, whether in a court judgment or settlement, based on any matter covered by Clause 4.

If you are prohibited by law from entering the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that are the stated subject matter of the indemnification obligation above.

As used in the above indemnity provisions, the term "Fabzen Parties" includes the developer of a Product or Service licensed to you under these Terms (whether Fabzen, its affiliate or a third party) unless you have agreed to Software Specific Terms for that Software or Service that includes an indemnity of the developer.

Governing Law and Jurisdiction

You agree that these Terms will be deemed to have been made and executed in Bangalore, India and any claim shall be settled herein. You and Fabzen agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation.

If you use third-party software or services, the privacy policy of the applicable licensor or publisher may also govern your use of that software or services. By downloading or using Empire Games, you also agree to Fabzen's Terms of Service and acknowledge that you have read Fabzen's Privacy Policy.

Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms.

Binding, Individual Arbitration

Please read this section carefully. it affects your rights, including your right to file a lawsuit in court.

Most issues can be resolved quickly and amicably by contacting Fabzen customer support at [email protected]. But we understand that sometimes disputes cannot be easily resolved internally. This Clause explains how you and Fabzen agree to resolve those disputes, including (where applicable) binding, individual arbitration.

Arbitration is an alternative dispute resolution (ADR) procedure that allows us to resolve issues without the formality of going to court. Any dispute between you and Fabzen is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both, you and Fabzen.

Informal Dispute Resolution:

If you have an issue that our customer support cannot resolve, prior to starting arbitration you and Fabzen agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and Fabzen agree to make a good-faith effort to negotiate any dispute between us for at least 30 days ("Informal Resolution"). Those informal negotiations will start on the day you or Fabzen receive a written Notice of a Dispute occurrence in accordance with this Agreement.

You will send your Notice of Dispute to Fabzen Technologies Private Limited., Legal Department, ATTN: NOTICE OF DISPUTE, Plot No. 77, 5th floor, JBR Tech Park, 6th Rd, EPIP Zone, Whitefield, Bengaluru - 560066. Include your name, the account name you use while using the Product, your address, how to contact you, what the problem is, and what you want Fabzen to do. If Fabzen has a dispute with you, Fabzen will send our Notice of Dispute to your registered email address and any billing address you have provided us.

If the dispute is not resolved within by Informal Resolution, you or Fabzen may start arbitration in accordance with this Agreement.

The Arbitration Proceedings in This Clause will be Conducted on an Individual Basis Only.

You and Fabzen agree that Disputes will be settled by binding, individual arbitration conducted by the Arbitration and Conciliation Act, 1996 as conveyed by this Agreement.

This means that you and Fabzen agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (a mutually agreed arbitrator) who makes the final decision to resolve the Dispute. This shall enable us to use experienced professionals to arbitrate disputes, which helps you and Fabzen resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.

The arbitrator's decision is final, except for a limited review by courts under the Arbitration and Conciliation Act, 1996, and can be enforced like any other court order or judgment. You and Fabzen agree that whether a dispute is subject to arbitration under these Terms will be determined by the arbitrator rather than a court.

Nothing in this clause shall stop Empire Games from informing the executive authorities regarding any non-compliance as per Clause 4 and/or in the event of any financial or cyber-crime as per IT Act, 2000 & the Indian Penal Code, when we may deem fit and necessary.

Severability

If all or any provision of this Binding, Individual Arbitration Agreement is found invalid, unenforceable, or illegal, then you and Fabzen agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and Fabzen agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms. Under no circumstances shall arbitration be conducted on a class basis without Fabzen's express consent.

Non-Assignment

You cannot assign, transfer, charge, or sub-contract all or any of your rights or obligations under these Terms, and any attempt without that consent will be null and void. If restrictions on the transfer of the Product in these Terms are not enforceable under the law of your country, then these Terms will be binding on any transferee of the Software. Fabzen may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under these Terms.

Customer Support and Complaints

If you have any concerns or questions regarding these Terms, you should contact our Customer Service Department via mail, using your Registered Email Address in all communication with us.

Disputes must be lodged within three (3) days from the date of the game in question which was been played by the complainant user. No claims will be honoured after this period. The user is solely responsible for their account transactions. In the event of a dispute arising between you and us, our Customer Service Department will attempt to reach an agreed solution. Should our Customer Service Department be unable to reach an agreed solution with you, the matter will be escalated to our Legal Team.

Termination

Without limiting any other rights of Fabzen, this Agreement will terminate automatically without notice if you fail to comply with any of its compulsory terms and conditions. You may also terminate the binding of these Terms by deleting all copies of the Product. Upon any termination, the License will automatically terminate, and you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Product in your possession. Except as expressly stated otherwise herein or to the extent required by law. Empire Games may terminate your account in compliance with any executive or regulatory body. Empire Games is under no compulsion to justify such action to any user.

Except as expressly stated otherwise herein or to the extent required by law, or our standard practice, in the case of any material breach of these Terms, all payouts and fees are non-refundable under all circumstances, regardless of whether these Terms have been terminated.

Any amount remaining unused in the user's game winnings account on the date of deactivation or deletion shall be reimbursed to the user by an online transfer to the user's bank account on record with Empire Games, subject to the processing fee (if any) applicable on such transfers as set out herein.

Miscellaneous

Compliance with Privacy Policy:

To know more about how your data is handled by Empire Games, please press here. We make every effort, including periodic reviews, to ensure that the personal information you provide is used in conformity with the Privacy Policy. If you have any concerns about our adherence to this Privacy Policy or the manner in which your personal information is used, kindly write to us at [email protected]. We'll contact you, and if required, coordinate with the appropriate regulatory authorities to effectively address your concerns.

Data Retention:

Empire Games reserves the right to retain player information for an indefinite period of time to enforce these Terms, prevent fraud, resolve a claim, or comply with any other acts permitted by law. Empire Games reserves such rights, whether an account is terminated by Empire Games or at the request of the player, data is retained for the lifetime of the game. In case a user wants Empire Games to delete all their data from their backup, they must email us at [email protected] requesting to remove all the data effectively.

These Terms, together with the Terms of Use, Privacy Policy, and any Software Specific Terms or other additional terms you may have agreed to with Fabzen, constitute the entire agreement between you and Fabzen relating to the subject matter covered by these Terms. All other communications, proposals, and representations with respect to the subject matter covered by these Terms are excluded.

The original of these Terms is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written or construed in the language of any other country.

These Terms describe certain legal rights. You may have other rights under the laws of your jurisdiction. These Terms do not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in these Terms may not apply to you because your jurisdiction may not allow them in your circumstance. In the event that certain provisions of these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms and conditions of these Terms will remain in full force and effect.

Any act by Fabzen to exercise, or failure or delay in exercise of, any of its rights under these Terms, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.

You agree that these Terms do not confer any rights or remedies on any person other than the parties to these Terms, except as expressly stated.

Our obligations are subject to existing laws and legal processes, and Fabzen may comply with law enforcement or regulatory requests or requirements despite any contrary term in these Terms.

Amendments to these Terms

Fabzen may issue amended Terms at any time at its discretion by posting the amended Terms on this page or by providing you with digital access to the amended Terms through the Product or other means. If any amendment to these Terms is not acceptable to you, you may terminate this Term binding with us in accordance with Clause 21 before such amended Terms become effective, upon which you must stop using the Product. Irrespectively by using the Product after the amended Terms and Conditions become effective or otherwise, this shall indicate your acceptance of the amended Terms, and that you are agreeing to be bound by the terms of the amended Terms and Conditions.