This site is owned and operated by Macrobian Games Pvt. Ltd. (“Macrobian Games,” “us,” “we” or “our”), which offers the services described below. By accessing and using the website located at www.macrobiangames.com (the “Website”) and/or by using any of our games, platforms, applications or software (collectively referred to as the “Services”), you agree to be bound by these Terms of Use and that they constitute a binding contract between you and Macrobian Games. These terms are subject to change at any time without notice; however any changes will not apply retroactively unless otherwise provided in writing by Macrobian Games prior to such changes taking effect. If you do not agree with these Terms of Use please do not access or use our Services

1. Acceptance of the Terms of Use

The Terms of Use is a legal contract between you and Macrobian Games. By accessing or using the Macrobian Games website you agree to be bound by these terms, which shall take effect immediately on your first use of the Macrobian Games website. If you do not agree with any part of these terms, do not access or use this site.

2. Changes to the Terms of Use

You should check this page regularly to ensure you are aware of any changes, as they are binding and you will be deemed to have accepted the terms and conditions (including any amendments) if you continue to use Macrobian Games after such notification.

We reserve the right to modify these terms at any time without notice. You can contact us if you have any questions or concerns.

3. Registration Data and Account Security

You must provide accurate, current and complete information upon registration. Macrobian Games will not be liable if you fail to do so.

You are responsible for all activity on your account, including use of the Service by others and adherence to these Terms. In particular, you are entirely responsible for maintaining the confidentiality of your account password, which should be unique from any other passwords that you may use elsewhere on the Internet (and possibly stored somewhere safe). You agree to notify Macrobian Games immediately if you suspect or know that any person has obtained access to your password or associated with it without authorization, broken into or accessed our system or otherwise used it in an unauthorized manner. Macrobian Games will not be liable for any loss or damage arising from unauthorized access by anyone other than Macrobian Games.

Risk that you assume

• You understand that Macrobian Games does not provide any warranty or guarantee as to the reliability, quality, suitability, availability, accuracy or completeness of the services unless provided in writing.
• You agree and accept that you use Macrobian Games at your own risk and responsibility and that you will be solely responsible for any damage caused to your property (including but not limited to computer equipment) or loss of data resulting from the unlawful use or misuse of Macrobian Games.

4. Materials Provided to Macrobian Games or Posted on the Website

Macrobian Games will use the materials you provide to Macrobian Games, post on the Website or otherwise provide to Macrobian Games in accordance with the Privacy Policy.

You represent and warrant that you own or have sufficient rights in all content that you submit or upload to allow Macrobian Games to use it as described herein without violating any third-party rights, including copyrights. You also represent and warrant that: (i) the material is accurate; (ii) use of the material does not violate this Agreement; and (iii) use of the material will not cause injury to any person or entity.

5. Use of the Website and Services

You may use the Website and Services only for your own personal use. Unless you opt-in to using Macrobian Games’ products and services, you agree not to use Macrobian Games’ websites or services for any commercial purpose. You agree that you will not use our website or services in any way that is unlawful or prohibited by these terms of service. You may not access or otherwise obtain information on the Services by automated means unless specifically permitted by Macrobian Games (e.g., harvesting bots).

5.1 User Eligibility

You must be 13 years or older to use Macrobian Games products and services, excluding our Games, in which case it depends from game to game and the publishing platforms Terms of Use. To become a sole registered user, you must be at least 18 years old and a legal resident of your country.

If you are 13 years old or older but under 18 years of age, then your parent(s) must review these terms before you start using Macrobian Games’ websites and services.

5.2 Services and Fees

Macrobian Games provides services for a fee in exchange for a license to use user content. Macrobian Games provides various games, Metaverse exhibition platform, gamification solutions and other services through its website at www.macrobiangames.com (the “Website”). By using the Website you agree to be bound by these Terms and Conditions of Use (the “Terms”). Please read this carefully as they affect your legal rights. You can review the current version of the Terms at any time on our Site by clicking on the ‘Terms & Conditions’ link on our home page.

5.3 Your Conduct

You must not use the website for any purpose that is unlawful or prohibited by these terms of use. You must not attempt to gain unauthorized access to any part of the website, the server on which the website is stored, or any other server, computer, or database connected to the website. You may not attack our systems via a denial-of-service attack or a distributed denial-of-service attack.

5.4 Prohibited Activities

The following activities are prohibited:

• You must not attempt to obtain, or assist another person in obtaining, any material that is protected by copyright or other proprietary right without the permission of the owner.
• You may not modify, publish or distribute content from the Site unless you have been granted an express written license to do so by Macrobian Games.
• You may not transmit any information that contains software viruses or any other malicious code or program.

6. Copyrights and Trademarks

Macrobian Games is the owner of all copyrights and trademarks for the website, services, and other materials provided by Macrobian Games.

Macrobian Games does not grant any license or other authorization to the user under any copyright or trademark of Macrobian Games, unless specifically mentioned in the product and order.

7. License Grant to Macrobian Games

As you play our games and use any other services provided by Macrobian Games, you grant us a perpetual, non-exclusive, worldwide, irrevocable and royalty-free license to use your name, likeness and other biographical information in connection with the operation of our business, and as per our Privacy Policy.

8. User Content Posted on the Website or Provided in Applications or Software

You are solely responsible for your User Content and the consequences of posting or publishing it. By posting or publishing User Content, you represent that you have all necessary rights to distribute it in a manner consistent with these Terms and Conditions.

You may submit any User Content to the Website, Apps, Software or Games (“User Submissions”), but you must ensure that your User Submission is accurate in all respects and does not violate any applicable laws or regulations. You agree that we may use the material from your submission without paying you royalties under any circumstances and for any purpose without prior notice or compensation to you or anyone else. You also agree that we may transfer this material to third parties who will be able to use it as long as they conform to these terms and conditions as well as any other legal requirements associated with such distribution rights to enhance and improve our services and products for further utility.

9. Disclaimers; Limitation of Liability; Indemnification

Macrobian Games does not warrant that the website will be uninterrupted and error free, or that the content will be secure or free from viruses. You agree that you are responsible for taking precautions and providing security measures best suited for your situation and intended use of the website. We do not make any representations about our ability to prevent, stop or remediate cyber-attacks or other acts of nastiness online. If you have a dispute with one or more users, you release Macrobian Games from claims related to such disputes, including copyright infringement claims under Section 55 of the Copyright Act, 1957.

“GST and IGST”: By purchasing goods and services on this Site in any given area where we collect tax, only those persons who reside in those areas will be charged applicable taxes unless they have been granted an exemption certificate by Macrobian Games Sales Tax Exemption Department in writing (this may be done by emailing us at [email protected]). If a party alleges it was erroneously charged GST, IGST or any other tax by Macrobian Games when it should not have been charged (e.g., because it resides outside of one of our collection locations), then such party should immediately contact us via email.

10. Third-Party Materials and Websites

As a condition of your use of Macrobian Games, you agree that Macrobian Games is not responsible for third-party materials or websites.

You understand that by using Macrobian Games, you may encounter third party materials and/or websites that are protected by intellectual property laws, including copyrights and trademarks. You may not reproduce or retransmit any copyrighted material unless you have obtained the prior written consent of the owner. You may not post any online information about our games without obtaining prior written consent from us.

11. Applicable Law; Jurisdiction; Venue; and Arbitration

• Applicable Law

You agree that these Terms and Conditions will be governed by and construed in accordance with the laws of the Gujarat State and applicable federal law, without regard to its conflict of law provisions. Any dispute between you and Macrobian Games that arises in whole or in part from Macrobian Games will be decided exclusively by a court of competent jurisdiction located in Ahmedabad City, Gujarat provided that there is no prejudice towards any party for bringing an action within such jurisdiction or if there are not sufficient venues within such jurisdiction. Any legal action by either party against the other must be brought individually in a court having proper venue within Ahmedabad City, Gujarat; however, both parties agree to submit to personal jurisdiction in any suit brought against them by the other party so long as it relates to this Agreement or your use of Macrobian’s Services (including any claim involving Macrobian’s IP).

• Arbitration and Jurisdiction

The Parties intend that their relationship shall be deemed as one of independent contractors and not as partners nor joint ventures nor principal-agent relationship between them; therefore, each Party expressly disclaims all liability for actions taken by another Party on behalf of itself or as an agent for another Party unless otherwise agreed upon herein (i) where such actions are taken at the direction or suggestion from such other Party, (ii) where said actions were taken with actual knowledge that they violated any rights held by another Party hereunder; (iii) where said actions were taken without obtaining required consent from third parties who might own intellectual property rights related to Macrobian’s Services; (iv) where said actions would cause confusion among consumers about the originator(s) responsible for creating content available through Macrobian’s Services. Unless otherwise specified herein:

a.) All disputes arising out of this Agreement shall be resolved exclusively through binding arbitration administered under ICDR Rules; Acceptance into arbitration under these Rules is limited solely based upon mutual agreement between both parties involved before initiating litigation against each other regarding matters covered by this Agreement. Any such arbitration shall be held in Ahmedabad City, Gujarat;

b.) Any dispute, controversy or claim arising out of or relating to this Agreement, including the validity, interpretation, performance and breach thereof, shall be settled by arbitration in accordance with these Rules in Ahmedabad City, Gujarat.

Reach-out To Us

If you have any questions about these Terms of Use or our Privacy Policy, please contact us at: [email protected]