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TERMS AND CONDITIONS

Post has published by gameadmin

*DEFINITIONS AND GETTING STARTED*

The terms on using *Diablo* is an agreement between **CHIPTUNE GAMING PRIVATE LIMITED** and all its subsidiaries, from here on referred to as the “company” (the company could also be referred to as “we”, “us”, “our” and other such adjectives), including its APP Diablo, from here on is referred to as the “APP” and you from here on will be referred as “you”, “your”, “user” or “player”.

The agreement must be read by you (user) completely and well understood before you agree to the terms of use governing any and all relationship in this agreement and terms of services, products or information and their usage from here on are referred to as “Terms and conditions”. The user should read, understand and agree to the terms of use which includes those terms and conditions expressly set out below and those incorporated by reference.

*POLICY OBJECTIVE*

We respect Your privacy and assure you that any information provided by you to Us is protected and will be dealt with according to this Policy and the applicable laws. You may have to provide certain information to Us in order to avail Our services offered on Diablo. This Policy provides the procedure followed by Us to gather, uses, store, discloses and manages Users’ personal data. We only collect personal data for the purpose of verifying user accounts, maintaining the accounts of the Users, completing transactions of the Users and for analysing User behavior and requirements.

*. ACCOUNT CREATION AND MAINTENANCE*

You may only have one account on our APP from here on referred to as “Account”, for which you will register using your own, correct name. You may not use the service by means of another person’s account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the service by means of any other person’s account, we will be entitled to close all Your Accounts and bar you from playing games in our APP in future immediately. You should ensure that you have read and understood the rules and regulations of the games available through the service, here on referred to as the “games”. You agree to abide by the rules and regulations of each of the games as published and periodically changed on the APP.

*SHARING OF PASSWORD AND OTHER PLAYER RESPONSIBILITIES*

Sharing or distribution of the password with any other user / person / group or any third party is strictly prohibited. Diablo is not responsible if your account is accessed or opened by others using your password. You are held legally responsible and liable for all of your activities on the APP made from your account. The players admit that they may be exposed to content posted by other users which they may find offensive, obnoxious or indecent and that the APP may not be able to prevent such content being posted. Such content should be brought to notice of the APP. The APP shall act upon the information as it deems acceptable. The decision taken by the management of the company or the APP in this regard shall be final and binding on the player and the player specifically agrees that Diablo will not incur any liability under any circumstance whatsoever regarding the same. You understand that it is your obligation to protect the information you have provided on the APP including, but not limited, to usernames, passwords, email addresses, contact details, and telephone numbers. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your account on the APP being exposed or misused by any other person or any other harm or loss being suffered by you. You are accountable to obey any applicable law, while taking part in any competition or tournament organized through the APP. You undertake and agree to indemnify us against any claims, expenses or liabilities suffered by or claimed against us by any person or entity arising out of your non-compliance with any applicable laws. You also understand and accept that your mere participation in a game / tournament available on the APP does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your skill as a player same as other players in the game /tournament and subject to the rules of the game / tournament.

You acknowledge that your participation in any game /tournament available on the APP is purely voluntary and is at your sole discretion and risk. You understand and acknowledge that once a game / tournament has commenced, not being able to play due to slow internet connections, faulty hardware, internet connection failure, low computer configuration or for any other reason does not attributable to us to a refund of the entry fee you may have paid for participation. You agree, understand and acknowledge that you will use your account with us solely for the purpose of playing on the APP and for any other transactions with us which you may have to carry out with respect to your usage of the services. You understand and acknowledge the fact that we are neither a bank nor a financial institution and that the purchases/balance standing to the credit in your account do not accumulate any interest. You also understand and agree that your account maintained with us is purely for the purpose of payment of the entry / subscription fee to participate in games/tournaments made available on the APP and for purchase of cash prizes that you may win. You also agree that you are required to furnish your PAN (Permanent Account Number) duly issued to you by the Income Tax Department, Government of India, as the case may be, to deduct TDS as per the rules and regulations of the government of India. You acknowledge that you are making use of the services knowing that you may face a risk of monetary loss, when using the services and that Diablo shall have no responsibility to you for any such loss that arises in the course of your participation in the services. You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information. In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, We may initiate appropriate legal proceedings against you as well as notify the relevant regulatory or law enforcement authorities where appropriate, apart from suspending or terminating your privileges for the use of the APP. You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the APP or by using any Services.

*INTELLECTUAL PROPERTY*

*CHIPTUNE GAMING PRIVATE LIMITED* hold all rights tangible or intangible for the APP and all the services offered on the APP including but not limited to all games and other content, promotional material, interalia all strategic and development plans, ideas, designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage from here on referred to as “intellectual property”. The company is only permitting the user to use the Intellectual property to play the games and use other services offered and under all circumstances the user is strictly prohibited to use the intellectual capital otherwise, which includes but is not limited to copying, reproducing or transmitting any media known to / or will be known to human kind of the intellectual property. The user is not being granted any rights whatsoever with respect to the intellectual property by allowing him to play games on the APP and use other services on the APP. All other trademarks are the property of their respective owners.

*DESCRIPTION OF SERVICES OFFERED*

*CHIPTUNE GAMING PRIVATE LIMITED* is a technology company which through its APP Diablo aims at providing technology and IT services to enable online multiplayer gaming in real time. Besides providing technology and IT services to enable online games of skill, the company will also create software and technology to enable play of game of skills on multiple technology platform, real time or otherwise. Such technology will not be sold but the users will be allowed to use it at the sole discretion of the *CHIPTUNE GAMING PRIVATE LIMITED.*

The services provided by the APP are only intended to play with skill and for entertainment purpose only. The company is not responsible for any betting or gambling acts that may take place outside the APP. *CHIPTUNE GAMING PRIVATE LIMITED* will charge the users for providing such services. GST is applicable for the services and the service charge collected at the beginning of each game will include the GST and other taxes and charges as applicable. The service charge levied is subject to change from time to time and the users will be informed accordingly by answering to such specific request from customer care. We reserve the right to collect service charge at varying rates and at different times and for multiple types of games and other services offered by us. The service charge and applicable taxes may vary as per the changes in the law and we may change the levy of service charge accordingly based on the company’s discretion.

*SOFTWARE USAGE*

Commercial use of the Software is strictly forbidden. The user is only allowed to use the Software for his/her personal use. Under no circumstances shall a user be permitted to use his/her account with Diablo for any purpose other than for playing the Games.

You may open only one account per person. Diablo reserves the right to monitor any effort to establish multiple accounts; in the event Diablo discovers that you have opened more than one account per person, all additional accounts will be closed immediately without notice and continued violation will result in the termination of any and all of your accounts and Diablo may void any associated winnings. The user may not attempt to modify, decompile, reverse-engineer or disassemble the software in any way. The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the Games by a user must be executed personally by the user through the user interface accessible by use of the Software. You agree that Diablo may take steps to detect and prevent the use of prohibited EPA Programs. Such action may include, but is not limited to, the examination of software programs running concurrently with the Diablo Software on the user’s computer.

*FAIRPLAY AND PREVENTION OF COLLUSION AND FRAUD/ CHIP DUMPING*

Diablo is committed to promoting FAIR PLAY on the application. Our Compliance Team will track game play of all players and strict action will be taken against any player(s) caught indulging in Chip Dumping and / or collusion. By Agreeing to the Terms and Conditions of the site, you agree not to indulge in any unfair game practise that might provide undue advantage to you or any other player. The coins you earn are valid only after KYC verification and approval.

*ELECTRONIC SERVICES PROVIDER*

When you use our services, you will be required to send money to us and may be required to receive money from us. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these agreements and the ESP’s terms and conditions, these agreements shall prevail.

*THIRD PARTY CONTENT*

*CHIPTUNE GAMING PRIVATE LIMITED* will not stand the use of any abusive or offensive language on our chat boards or any other platforms. Also, you are not allowed to make false or damaging comments with regard to the company in any media or forum.

We hold the right to reject or delete any text, files, images, photos, video, sounds, or any other material that breaches the terms in accordance with our third party content policy posted by you on any platform.

Any violation may result in removal of the third party content, a suspension of your use of the services and / or any suitable action as may be required by us to ensure the agreement.

Please beware of phishing attacks, spoofed emails and links from external third party sources but claiming to be from Diablo. Diablo is not responsible for such emails/messages and / or any loss arising out of clicking on links contained in them.

*DISCONNECTIONS AND TECHNICAL ISSUES*

In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service, as a policy, Diablo will cancel the games and refund the bet amounts after proper verification and no rake will be taken from such games and you accept that Diablo is not responsible to you in all such cases. Diablo is also not liable for any prospective winnings from any incomplete tournament.

Diablo does not hold any liability to any disconnection, lag, freeze or interference in network on the user’s computer or any other external networks. In case of any disruption for an ongoing game, the game will be manually cancelled by Diablo and the points/chips shall be refunded irrespective of the status of the game.

For any game, Diablo has the right to cancel and refund the points/chips. In no case, other than a server crash, Diablo is accountable for any of the player’s disconnections from server.

*ABUSIVE BEHAVIOUR*

Being abusive towards others reduces the enjoyment from the game. When engaging in any kind of in-game communication, we kindly ask that you are respectful of others.

Here are some, but not all, behaviours that we consider inappropriate and will not be tolerated:

  • Hate speech, racism and other discriminatory language
  • Obscene or sexually explicit banter
  • Threats or harassment
  • Excessive swearing
  • Bullying
  • Belittling

If you encounter another player being abusive towards yourself or others, please let us know by using the report button inside the chat. Reports are reviewed by our trained moderators who will take appropriate action.

Consequences of misconduct: Abusive behavior can lead to temporary ban or even permanent game account closure. Making false reports can lead to the same.

*WARRANTY*

The company disclaims any and all warranties, expressed or implied, in connection with the software, the site and the games, all of which are provided to the user “AS IS”. You access and use the APP at your sole risk. The company explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

Without limiting the foregoing, the company does not represent or warrant:

a) The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the site and the games; 

b) The suitability of the information contained in the documents or other information published on this site;

c) Continuous, error-free, secure or virus-free operation of Diablo or its content including software, games, your account or continued operation or availability of any facility on Diablo;

d) That the defects in the APP will be corrected;

e) That the APP or the servers that operate the APP are free of viruses or other harmful components;

f) That the data, results and information within the APP will be correct, accurate, adequate, useful, reliable or otherwise; and

g) That the APP will meet your needs, requirements or expectations.

No person affiliated, or claiming affiliation with the Site has authority to extend such warranties.

You undertake and agree as under:

(a) The company does not promise or ensure that you will be able to access your account whenever you want. It is entirely possible that you may not be able to access your account or the Services provided by the company at times or for extended periods of time due to, but not limited to system maintenance and updates;

(b) You are aware that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the activity, you are voluntarily participating in the activity and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. The company makes no guarantees, warranties, representations, or other promises relative to the activity, and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the activity;

(c) You agree to indemnify and hold the company, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the activity. You acknowledge that You are solely responsible for any action that arises from Your participation with this activity or around this activity, regardless of occurring before, during or after the period of the activity;**

(d) To hereby save, hold harmless, discharge and release the company from any and all liability, claims, causes of actions, damages or demands of any kind and nature, whatsoever, that may arise from or in connection with your participation in the activity;

(e) You will be solely responsible for any delay and / or damage to your computer systems or loss of data that results from installation of APP games or software on Your computer and the APP expressly disclaims liability for any such failure delay or failure;

(f) You are solely responsible for maintaining the confidentiality of your account access credentials (i.e. username & password) and financial instruments (i.e. credit/debit card number).

(g) You agree to assume the entire risk as to the results and performance of any software and / or games availed by you on Diablo <https://www.diablo-game.com>. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and / or correction of your hardware when you access, download or execute software or games available on Diablo <https://www.diablo-game.com>. The company explicitly disclaims liability for any delay or failure to perform resulting from installation of its games or software on your computer.

(h) You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your account on our APP; (iii) any loss incurred in transmitting information from you to our APP by the internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our APP; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the APP; 

(i) You agree to indemnify, defend and hold the company, harmless from all claims, damages and expenses made by any third party arising out of (a) your content, or (b) your violation of these Terms or Privacy Policy; or (c) use of CHIPTUNE GAMING PRIVATE LIMITED by any other person accessing the Services using your username or password, whether or not with your authorization.

(j) The company reserves the right to change, modify or delete the sites, information, and terms & conditions listed on this site at any time without prior notice.

*LIMITATION OF LIABILITY*

You clearly understand and agree that the company shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was forseeable. You agree to indemnify us against any claims in respect of any such matter.**

*CHEATING*

You undertake that you yourself will play in all Games for which you register/which you join and not use any form of external assistance to play. You shall not add any unauthorized components and not create nor use any cheats, exploits, bots, hacks or any other third-party software designed to modify the APP or the App. You also undertake that you will not use any third-party software that intercepts, mines or in any way collects information from or through the APP or through any of our Services. Any attempt to employ any such external assistance is strictly prohibited.

Formation of teams by you and any other user(s) for collusion or any form, unless it is a team game, of cheating in the Games on the APP or the App is strictly prohibited.

Formation of team by You with any other user(s) in a team game shall be only for the purpose of playing game and not for any malicious, ill, negative or any form of harmful attempt.

*GOVERNING LAW AND JURISDICTION*

This Agreement shall in all respects be governed, interpreted by, and construed in accordance with the laws of India. All disputes, differences, complaints etc., shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The arbitrator will be appointed by the company after due consent from the company and the user. The place of arbitration shall be New Delhi, India.

There could be instances where the company is not able to receive prompt updates about the change in applicable laws of your place of stay. Please ensure that any activities you engage on the APP are legal as per the applicable laws. You agree to indemnify and hold harmless the company or its APP from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

CHIPTUNE GAMING PRIVATE LIMITED comply with all laws and regulations applicable to online games of skill and will further comply with any change in this present legal position due to any order of a court of competent jurisdiction, regulatory body, central or state government or law enforcement agency.

This is however an ongoing process with litigations pending at various forums and we are keeping a close watch on the same. We ourselves also have a legal team working constantly on trying to ensure that there is more and more clarity and certainty in the laws qua gaming in India.

*ACCEPTING THE TERMS OF USE*

You hereby agree to our terms you read and thus ensuring that you will be abide by the above Terms and Conditions.

*DEFINITIONS AND GETTING STARTED*

The terms on using *Diablo* is an agreement between **Recodex Overseas** and all its subsidiaries, from here on referred to as the “company” (the company could also be referred to as “we”, “us”, “our” and other such adjectives), including its APP Diablo, from here on is referred to as the “APP” and you from here on will be referred as “you”, “your”, “user” or “player”.

The agreement must be read by you (user) completely and well understood before you agree to the terms of use governing any and all relationship in this agreement and terms of services, products or information and their usage from here on are referred to as “Terms and conditions”. The user should read, understand and agree to the terms of use which includes those terms and conditions expressly set out below and those incorporated by reference.

*POLICY OBJECTIVE*

We respect Your privacy and assure you that any information provided by you to Us is protected and will be dealt with according to this Policy and the applicable laws. You may have to provide certain information to Us in order to avail Our services offered on Diablo. This Policy provides the procedure followed by Us to gather, uses, store, discloses and manages Users’ personal data. We only collect personal data for the purpose of verifying user accounts, maintaining the accounts of the Users, completing transactions of the Users and for analysing User behavior and requirements.

*. ACCOUNT CREATION AND MAINTENANCE*

You may only have one account on our APP from here on referred to as “Account”, for which you will register using your own, correct name. You may not use the service by means of another person’s account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the service by means of any other person’s account, we will be entitled to close all Your Accounts and bar you from playing games in our APP in future immediately. You should ensure that you have read and understood the rules and regulations of the games available through the service, here on referred to as the “games”. You agree to abide by the rules and regulations of each of the games as published and periodically changed on the APP.

*SHARING OF PASSWORD AND OTHER PLAYER RESPONSIBILITIES*

Sharing or distribution of the password with any other user / person / group or any third party is strictly prohibited. Diablo is not responsible if your account is accessed or opened by others using your password. You are held legally responsible and liable for all of your activities on the APP made from your account. The players admit that they may be exposed to content posted by other users which they may find offensive, obnoxious or indecent and that the APP may not be able to prevent such content being posted. Such content should be brought to notice of the APP. The APP shall act upon the information as it deems acceptable. The decision taken by the management of the company or the APP in this regard shall be final and binding on the player and the player specifically agrees that Diablo will not incur any liability under any circumstance whatsoever regarding the same. You understand that it is your obligation to protect the information you have provided on the APP including, but not limited, to usernames, passwords, email addresses, contact details, and telephone numbers. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your account on the APP being exposed or misused by any other person or any other harm or loss being suffered by you. You are accountable to obey any applicable law, while taking part in any competition or tournament organized through the APP. You undertake and agree to indemnify us against any claims, expenses or liabilities suffered by or claimed against us by any person or entity arising out of your non-compliance with any applicable laws. You also understand and accept that your mere participation in a game / tournament available on the APP does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your skill as a player same as other players in the game /tournament and subject to the rules of the game / tournament.

You acknowledge that your participation in any game /tournament available on the APP is purely voluntary and is at your sole discretion and risk. You understand and acknowledge that once a game / tournament has commenced, not being able to play due to slow internet connections, faulty hardware, internet connection failure, low computer configuration or for any other reason does not attributable to us to a refund of the entry fee you may have paid for participation. You agree, understand and acknowledge that you will use your account with us solely for the purpose of playing on the APP and for any other transactions with us which you may have to carry out with respect to your usage of the services. You understand and acknowledge the fact that we are neither a bank nor a financial institution and that the purchases/balance standing to the credit in your account do not accumulate any interest. You also understand and agree that your account maintained with us is purely for the purpose of payment of the entry / subscription fee to participate in games/tournaments made available on the APP and for purchase of cash prizes that you may win. You also agree that you are required to furnish your PAN (Permanent Account Number) duly issued to you by the Income Tax Department, Government of India, as the case may be, to deduct TDS as per the rules and regulations of the government of India. You acknowledge that you are making use of the services knowing that you may face a risk of monetary loss, when using the services and that Diablo shall have no responsibility to you for any such loss that arises in the course of your participation in the services. You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information. In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, We may initiate appropriate legal proceedings against you as well as notify the relevant regulatory or law enforcement authorities where appropriate, apart from suspending or terminating your privileges for the use of the APP. You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the APP or by using any Services.

*INTELLECTUAL PROPERTY*

*Recodex Overseas* hold all rights tangible or intangible for the APP and all the services offered on the APP including but not limited to all games and other content, promotional material, interalia all strategic and development plans, ideas, designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage from here on referred to as “intellectual property”. The company is only permitting the user to use the Intellectual property to play the games and use other services offered and under all circumstances the user is strictly prohibited to use the intellectual capital otherwise, which includes but is not limited to copying, reproducing or transmitting any media known to / or will be known to human kind of the intellectual property. The user is not being granted any rights whatsoever with respect to the intellectual property by allowing him to play games on the APP and use other services on the APP. All other trademarks are the property of their respective owners.

*DESCRIPTION OF SERVICES OFFERED*

*Recodex Overseas* is a technology company which through its APP Diablo aims at providing technology and IT services to enable online multiplayer gaming in real time. Besides providing technology and IT services to enable online games of skill, the company will also create software and technology to enable play of game of skills on multiple technology platform, real time or otherwise. Such technology will not be sold but the users will be allowed to use it at the sole discretion of the *Recodex Overseas.*

The services provided by the APP are only intended to play with skill and for entertainment purpose only. The company is not responsible for any betting or gambling acts that may take place outside the APP. *Recodex Overseas* will charge the users for providing such services. GST is applicable for the services and the service charge collected at the beginning of each game will include the GST and other taxes and charges as applicable. The service charge levied is subject to change from time to time and the users will be informed accordingly by answering to such specific request from customer care. We reserve the right to collect service charge at varying rates and at different times and for multiple types of games and other services offered by us. The service charge and applicable taxes may vary as per the changes in the law and we may change the levy of service charge accordingly based on the company’s discretion.

*SOFTWARE USAGE*

Commercial use of the Software is strictly forbidden. The user is only allowed to use the Software for his/her personal use. Under no circumstances shall a user be permitted to use his/her account with Diablo for any purpose other than for playing the Games.

You may open only one account per person. Diablo reserves the right to monitor any effort to establish multiple accounts; in the event Diablo discovers that you have opened more than one account per person, all additional accounts will be closed immediately without notice and continued violation will result in the termination of any and all of your accounts and Diablo may void any associated winnings. The user may not attempt to modify, decompile, reverse-engineer or disassemble the software in any way. The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the Games by a user must be executed personally by the user through the user interface accessible by use of the Software. You agree that Diablo may take steps to detect and prevent the use of prohibited EPA Programs. Such action may include, but is not limited to, the examination of software programs running concurrently with the Diablo Software on the user’s computer.

*FAIRPLAY AND PREVENTION OF COLLUSION AND FRAUD/ CHIP DUMPING*

Diablo is committed to promoting FAIR PLAY on the application. Our Compliance Team will track game play of all players and strict action will be taken against any player(s) caught indulging in Chip Dumping and / or collusion. By Agreeing to the Terms and Conditions of the site, you agree not to indulge in any unfair game practise that might provide undue advantage to you or any other player. The coins you earn are valid only after KYC verification and approval.

*ELECTRONIC SERVICES PROVIDER*

When you use our services, you will be required to send money to us and may be required to receive money from us. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these agreements and the ESP’s terms and conditions, these agreements shall prevail.

*THIRD PARTY CONTENT*

*Recodex Overseas* will not stand the use of any abusive or offensive language on our chat boards or any other platforms. Also, you are not allowed to make false or damaging comments with regard to the company in any media or forum.

We hold the right to reject or delete any text, files, images, photos, video, sounds, or any other material that breaches the terms in accordance with our third party content policy posted by you on any platform.

Any violation may result in removal of the third party content, a suspension of your use of the services and / or any suitable action as may be required by us to ensure the agreement.

Please beware of phishing attacks, spoofed emails and links from external third party sources but claiming to be from Diablo. Diablo is not responsible for such emails/messages and / or any loss arising out of clicking on links contained in them.

*DISCONNECTIONS AND TECHNICAL ISSUES*

In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service, as a policy, Diablo will cancel the games and refund the bet amounts after proper verification and no rake will be taken from such games and you accept that Diablo is not responsible to you in all such cases. Diablo is also not liable for any prospective winnings from any incomplete tournament.

Diablo does not hold any liability to any disconnection, lag, freeze or interference in network on the user’s computer or any other external networks. In case of any disruption for an ongoing game, the game will be manually cancelled by Diablo and the points/chips shall be refunded irrespective of the status of the game.

For any game, Diablo has the right to cancel and refund the points/chips. In no case, other than a server crash, Diablo is accountable for any of the player’s disconnections from server.

*ABUSIVE BEHAVIOUR*

Being abusive towards others reduces the enjoyment from the game. When engaging in any kind of in-game communication, we kindly ask that you are respectful of others.

Here are some, but not all, behaviours that we consider inappropriate and will not be tolerated:

  • Hate speech, racism and other discriminatory language
  • Obscene or sexually explicit banter
  • Threats or harassment
  • Excessive swearing
  • Bullying
  • Belittling

If you encounter another player being abusive towards yourself or others, please let us know by using the report button inside the chat. Reports are reviewed by our trained moderators who will take appropriate action.

Consequences of misconduct: Abusive behavior can lead to temporary ban or even permanent game account closure. Making false reports can lead to the same.

*WARRANTY*

The company disclaims any and all warranties, expressed or implied, in connection with the software, the site and the games, all of which are provided to the user “AS IS”. You access and use the APP at your sole risk. The company explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

Without limiting the foregoing, the company does not represent or warrant:

a) The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the site and the games; 

b) The suitability of the information contained in the documents or other information published on this site;

c) Continuous, error-free, secure or virus-free operation of Diablo or its content including software, games, your account or continued operation or availability of any facility on Diablo;

d) That the defects in the APP will be corrected;

e) That the APP or the servers that operate the APP are free of viruses or other harmful components;

f) That the data, results and information within the APP will be correct, accurate, adequate, useful, reliable or otherwise; and

g) That the APP will meet your needs, requirements or expectations.

No person affiliated, or claiming affiliation with the Site has authority to extend such warranties.

You undertake and agree as under:

(a) The company does not promise or ensure that you will be able to access your account whenever you want. It is entirely possible that you may not be able to access your account or the Services provided by the company at times or for extended periods of time due to, but not limited to system maintenance and updates;

(b) You are aware that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the activity, you are voluntarily participating in the activity and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. The company makes no guarantees, warranties, representations, or other promises relative to the activity, and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the activity;

(c) You agree to indemnify and hold the company, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the activity. You acknowledge that You are solely responsible for any action that arises from Your participation with this activity or around this activity, regardless of occurring before, during or after the period of the activity;**

(d) To hereby save, hold harmless, discharge and release the company from any and all liability, claims, causes of actions, damages or demands of any kind and nature, whatsoever, that may arise from or in connection with your participation in the activity;

(e) You will be solely responsible for any delay and / or damage to your computer systems or loss of data that results from installation of APP games or software on Your computer and the APP expressly disclaims liability for any such failure delay or failure;

(f) You are solely responsible for maintaining the confidentiality of your account access credentials (i.e. username & password) and financial instruments (i.e. credit/debit card number).

(g) You agree to assume the entire risk as to the results and performance of any software and / or games availed by you on Diablo <https://www.diablo-game.com/>. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and / or correction of your hardware when you access, download or execute software or games available on Diablo <https://www.diablo-game.com/>. The company explicitly disclaims liability for any delay or failure to perform resulting from installation of its games or software on your computer.

(h) You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your account on our APP; (iii) any loss incurred in transmitting information from you to our APP by the internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our APP; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the APP; 

(i) You agree to indemnify, defend and hold the company, harmless from all claims, damages and expenses made by any third party arising out of (a) your content, or (b) your violation of these Terms or Privacy Policy; or (c) use of Recodex Overseas by any other person accessing the Services using your username or password, whether or not with your authorization.

(j) The company reserves the right to change, modify or delete the sites, information, and terms & conditions listed on this site at any time without prior notice.

*LIMITATION OF LIABILITY*

You clearly understand and agree that the company shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was forseeable. You agree to indemnify us against any claims in respect of any such matter.**

*CHEATING*

You undertake that you yourself will play in all Games for which you register/which you join and not use any form of external assistance to play. You shall not add any unauthorized components and not create nor use any cheats, exploits, bots, hacks or any other third-party software designed to modify the APP or the App. You also undertake that you will not use any third-party software that intercepts, mines or in any way collects information from or through the APP or through any of our Services. Any attempt to employ any such external assistance is strictly prohibited.

Formation of teams by you and any other user(s) for collusion or any form, unless it is a team game, of cheating in the Games on the APP or the App is strictly prohibited.

Formation of team by You with any other user(s) in a team game shall be only for the purpose of playing game and not for any malicious, ill, negative or any form of harmful attempt.

*GOVERNING LAW AND JURISDICTION*

This Agreement shall in all respects be governed, interpreted by, and construed in accordance with the laws of India. All disputes, differences, complaints etc., shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The arbitrator will be appointed by the company after due consent from the company and the user. The place of arbitration shall be New Delhi, India.

There could be instances where the company is not able to receive prompt updates about the change in applicable laws of your place of stay. Please ensure that any activities you engage on the APP are legal as per the applicable laws. You agree to indemnify and hold harmless the company or its APP from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

Recodex Overseas comply with all laws and regulations applicable to online games of skill and will further comply with any change in this present legal position due to any order of a court of competent jurisdiction, regulatory body, central or state government or law enforcement agency.

This is however an ongoing process with litigations pending at various forums and we are keeping a close watch on the same. We ourselves also have a legal team working constantly on trying to ensure that there is more and more clarity and certainty in the laws qua gaming in India.

*ACCEPTING THE TERMS OF USE*

You hereby agree to our terms you read and thus ensuring that you will be abide by the above Terms and Conditions.