Terms of Service

Terms of Service 

This Document/ Agreement (hereinafter referred to as “Terms of Service”) applies to the access and use of the Tribal Arena Website https://www.tribalarena.com/ all other websites, applications, and bots developed and operated by Tribal Arena (hereinafter referred to as the “Website”) which is managed and operated by Tribal Arena Inc. (hereinafter referred to as the “Company”). These Terms of Service applies to all visitors, users and others (hereinafter referred to as “User(s)”/ “You”/ “Your”) who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms of Service.  

These Terms of Service are a legally binding document and are electronic records as prescribed under the applicable laws of the state and are generated by a computer system and do not require any physical or digital signatures. This Agreement is published in accordance with the provisions of applicable laws of the state, that provides for due diligence to be exercised for the access of usage of the Website.  

The Terms of Service along with the Privacy Policy describes the relationship of the Company and the Users which will be subject to the rules, guidelines, policies, terms of service applicable to any service that is being provided by the Website and shall be considered as part and parcel of the Website.  

The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms of Service and any other policy, including but not limited to the Privacy Policy related thereto without any prior notice. Your continued access or use of the Website after such changes or modifications signifies Your acceptance of the updated or modified Terms of Service. Be sure to return to this page periodically to review the most current version of Terms of Service. 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE OPERATED BY TRIBAL ARENAS INC ("US", "WE", OR "OUR"). YOUR ACCESS TO AND USE OF THE WEBSITE HEREIN CONSTITUTES AN AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED HEREUNDER. 

Definitions 

  1. Citizen shall mean a person who has the nationality and legal capacity under the law of their domiciled state.  

  1. Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of the Website, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by the Website, formulas, in-house software’s, VPN etc. Intellectual Property of the Website also extends to the content made available to its Users. 

  1. Minor shall mean any person below the age of 18 years. 

  1. Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual. 

  1. Privacy Policy means policy published on the website of the Website and amended from time to time. 

  1. Terms of Service means these terms of service amended from time to time. 

  1. Third Party shall mean , including  but not limited to, gaming platforms, associations, third-party websites and social media platforms, including but not limited to, Discord, Telegram or any other entity whose facilities are being utilized by the Website to provide services to the Users. 

  1. User includes but is not limited to persons/ entities/ associations, accessing or using the Website or any of the services provided on the Website.  

 

Use of the Website 

By making use of the Website you hereby declare/ confirm that: 

  1. You accept these Terms and have read, understood, and accepted the provisions of these Terms in full and hereby agree to comply with and be bound by them. 

  1. You understand and accept that opening and maintenance of the account is subject to rules and regulations introduced or amended from time to time by the Company. Such amendments will become effective and binding on you, from publication, announcement, or communication or continuous use of the Website by You. 

  1. You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company, and other third parties, in so far as required for marketing purposes, and/or to provide You with various value-added services, in association with the Websites selected by you or generally otherwise. 

  1. You acknowledge and agree that the Company before opening any account will carry out a due diligence process as required under Know Your Customer “KYC” guidelines and that you would be required to provide complete PII in accordance with the guidelines issued by any regulator/government authorities/agencies from time to time. 

  1. You acknowledge and accept that You will be responsible for maintaining the confidentiality of Your account information and are responsible to keep Your login credentials safe and confidential at all times 

  1. You acknowledge and accept that You will are solely responsible for all the activities that occur under Your account. 

  1. You agree to promptly and immediately inform the Company of any actual or suspected unauthorized use of your account. You agree that the Company shall not be liable for any loss or damage that may occur/arise from Your failure to comply with these Terms of Service. 

  1. You acknowledge and accept that the Company can at its sole discretion amend any of the services being rendered in your account either wholly or partially at any time and/or provide an option to you to switch to other services provided on the Website. 

  1. You acknowledge and accept that the software and hardware underlying the Website as well as other Internet -related software which is required for accessing the Website are the legal property of the Company. The permission given by the Company to access the Website will not convey any proprietary or ownership rights in the software/hardware of the Website. 

  1. You accept and acknowledge that not all the services offered on the Website are available in all geographic areas and You may not be eligible for all the services being offered by the Company or the Third Party on the Website. The Company thus reserves the right to determine the availability and eligibility for any service being offered on the Website. 

  1. You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any service due to but not limited to technical fault/ glitch/ error or any failure in the telecommunication network or any error in any software or hardware systems that is beyond the control of the Company. 

  1. You agree that you are the authorized user of the credit card or any other payment method for transactions made through the Website’s payment gateway and the said transactions do not contravene any Act, Rules, Regulations, Notifications, or any other law applicable and in force.  

  1. You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, or suspend Your account/ access to the Website, if You are found engaging in any fraudulent or illegal activity or for violating any provisions of these Terms of Service. 

Eligibility Criteria 

  1. You hereby represent and warrant of being atleast 18 (eighteen) years of age or above and being fully able and competent as per the law of your domiciled state, to understand and agree these Terms of Service, obligations, affirmations, representations and warranties set forth in these Terms of Service. 

  1. You agree and accept that where You are acting as a Guardian on behalf of a Minor, You have the necessary authority to register on the Website on behalf of the Minor. If the Company learns that the Website has collected PII from a Minor, the Company reserves the right to immediately delete the information and the account created by such User. If You believe that a Minor may have provided PII to the Company, You may contact us at legal@tribalarena.com. 

  1. You are not barred or otherwise legally prohibited from accessing or using the Website under the applicable laws. 

  1. You agree that the Website does not have the responsibility to ensure that You are fulfilling the aforesaid eligibility criteria. and shall not be held liable for the same.  

Purchases 

If You wish to register/ purchase any service made available through the Website, You may be asked to supply certain information relevant to Your registration/purchase including but without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any registration/ purchase; and that (ii) the information You supply to the Company is true, correct and complete. 

The Website may employ the use of third party service providers for the purpose of facilitating payment and the completion of registration/ purchases. By submitting Your information, You grant the Company the right to provide the information to these third party service providers subject to Company’s Privacy Policy. 

The Company reserves the right to refuse or cancel Your order at any time for reasons including but not limited to: service unavailability, errors in the description or price of the service, errors in the registration details or other reasons. 

The Company reserves the right to refuse or cancel Your order if fraud or an unauthorized or illegal transaction is suspected. 

Third-Party Sites 

You agree and acknowledge that for providing or completion of any of the services provided by the Website, it may facilitate provision of third-party services or websites or redirect You to such third-party applications and websites. In order to use these third- party websites, You may need to accept additional terms and conditions and meet additional requirements as specified on their website.  

You shall be bound by the terms of service of such third party websites. The Company does not exercise control over any third party website and does not warrant any use thereof. You agree that the Company is not responsible or liable in any way with respect to the contents of the third-party websites. 

You shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties. Any questions, complaints, or claims related to any third party service or website should be directed to the appropriate third party. 

Your interaction with any third party website accessed through the Website is at your own risk, and the Company shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third party.  

Intellectual Property Rights 

For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 2 of Definition Clause 

  1. You acknowledge and agree that all intellectual property rights including trademarks and logos of the Company and the Website shall vest in the Company and You shall not indulge in any act that construes that such trademarks and logos of the Website belongs to You. 

  1. You acknowledge and agree that the Company owns all rights, title and interest in the Website, including the intellectual property in the graphics, programming code, description, photographs, etc. created shall solely vest with the Website. 

  1. Access or use of the Website does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights. 

  1. You agree and acknowledge that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Website. 

  1. You agree and acknowledge that You do not have the right to use Company’s trade names, trademarks, Website marks, logos, domain names, and other distinctive brand features. 

  1. You agree and acknowledge that You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Website. 

  1. You agree and acknowledge that You shall not use the Website or its contents for any commercial purpose, or for any other  purpose that is not authorized by the Company, and/or make any speculative, false, or fraudulent transaction. 

Communication Policy 

  1. By making use of the Website, and furnishing your personal/contact details (PII), You hereby agree that You are interested in the services, offers, campaigns etc. that the Website or any other third party may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS (short messaging Website), electronic mail (e-mail), WhatsApp or any other messaging website/mobile application or any other physical, electronic or digital means/mode. 

  1. You hereby agree that the Company may contact You either electronically or through phone, to understand Your interest in the selected services and to fulfil your demand or complete your registration for the Website and to assist You for customer servicing. 

  1. You also expressly agree and authorize the Company and its partners, service providers, vendors and other third parties to contact You for the purpose of offering or inviting Your interest in availing other products or services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS (short messaging Website), electronic mail (e-mail), WhatsApp or any other messaging website/ mobile application or any other physical, electronic or digital means/mode. 

  1. You acknowledge and accept that by using the Website, You authorize the Company, its affiliates, partners and third parties to contact You for any follow up calls in relation to the services provided through the Website and for offering or inviting your interest in availing any other services offered by the Company or such third parties. You agree and consent to receive communications relating to all of the above on Your phone/mobile number provided by you on the Website. 

  1. You will indemnify and hold harmless the Company and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which the Website or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: 

  1. Misuse by You or improper or fraudulent information provided by You;  

  1. Incorrect number or a number that belongs to an unrelated third party provided by You. 

Confidentiality 

You acknowledge that in the course of Your relationship with the Website and in using the Website, you may obtain information relating to the Company and/or the Website (“Proprietary Information”). Such Proprietary Information shall belong solely to the Company and includes, but is not limited to, the features and mode of operation of the Website, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data.  

In regard to this Proprietary Information: 

  1. You shall not use except as expressly authorized by this Agreement or disclose Proprietary Information without the prior written consent of the Company unless such Proprietary Information becomes generally publicly available without Your breach of this Agreement. 

  1. You agree to take reasonable measures to maintain the Proprietary Information of the Company in confidence. 

Representation and Warranties  

  1. You agree to not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s or User’s use or enjoyment of the Website. 

  1. You will not engage in any form of antisocial, disrupting, or destructive acts, including but not limited to flaming, spamming, flooding, trolling and phishing as those terms are commonly understood and used on the Internet.  

  1. You will not delete or modify any content of the Website, including but not limited to legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify. 

  1. The Website does not give any guarantee that the information with regard to the Company displayed on the Website are actually the Terms of Service that may be offered to You in case You register for any of the services provided on the Website.  

Limitation of Liability and Indemnity 

  1. In no event shall the Website or its directors, employees, associates, partners, or suppliers will be liable to You for any loss or damage that may cause or arise from or in relation to these Terms of Service or due to use of this Website or availing any service available on the Website or provided by any third-party service provider. 

  1. You agree to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Website (ii) non-performance and/or non- observance of the duties and obligations under these Terms of Service or due to Your acts or omissions (iii) any act, neglect, misconduct or fraud on Your part. 

  1. You warrant that all the details and information provided by You to the Company or its directors, employees, associates, partners, or suppliers while using the Website shall be correct, accurate and genuine. 

  1. All the services provided on the Website are provided on an "as is" and “as available” basis. The Company makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to Your circumstances; (b) the Website will meet Your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any services offered through the Website will be accurate or reliable; or (d) the quality of any services, information, or other material obtained by You through the Website will meet Your expectations. 

  1. While availing any of the payment method(s)/ gateways available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You, including but not limited to, due to: 

  1. Lack of authorization for any transaction/s, or 

  1. Any payment issues arising out of the transaction, or 

  1. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by You; 

  1. Decline of transaction for any other reason(s) 

  1. Use of the payment facilities provided by the Company shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision, or fraud as regards to the services listed on the Website. The Company shall not be responsible for any damages, interests, or claims that may arise from the same.. 

Termination 

The Company reserves the right, in its sole and absolute discretion, to suspend or terminate Your use of one or more Website services, without notice and without liability to You or any third party, for any reason, including without limitation inactivity or violation of these Terms of Service or other applicable policies that the Website may publish from time to time.  

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Website. 

Force Majeure 

If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), the Company shall not be liable for any failure to perform any of its obligations under these Terms of Service or those applicable specifically to its Websites/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc. 

Modification and Amendment 

Company reserves the right to make changes to the Website, related policies and agreements, these Terms of Service & the Privacy Policy at any time as it deems fit and proper, prospectively or retrospectively including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the services and ancillary services, Website re-organization, market practice or customer requirements without any prior intimation to You. You are requested to carefully read these Terms of Service from time to time before using the Website. It shall be Your responsibility to check these Terms of Service periodically for changes. Upon any change, the Website will notify the updated Terms of Service on the Website or by any other means. The Website may require You to provide Your direct or indirect consent to any update in a specified manner before further use of Website.  

If no such separate consent is sought, Your continued use of the services offered by the Website shall constitute acceptance of the changes and an agreement to be bound by Terms of Service, as amended. If You do not agree to the changes, You may please discontinue Your use of the Services provided by the Website.  

Website reserves the right to discontinue or suspend, temporarily or permanently, the services provided by the Website, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Website or maintain the security and integrity of the Website. You agree that the Company will not be liable to You in any manner whatsoever for any modification or discontinuance of the services. 

You agree not to use the Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others. 

Exclusions 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You. 

Governing Law 

These Terms of Service shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions. 

Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. These Terms of Service constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the services provided on the Website. 

DISCLAIMERS 

YOU AGREE AND UNDERSTAND THAT ALTOUGHT THE COMPANY HAS TAKEN ALL NECESSARY STEPS AND PRECAUTION, THE WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, IT’S SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. 

ALL INTERACTIONS, COMMUNICATIONS, DEALINGS, OR TRANSACTIONS BETWEEN YOU AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY SERVICES OFFERED BY THE THIRD-PARTY SERVICE PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS, THE COMAPNY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME  AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

Contact us 

Any questions or clarifications with respect to our Terms of Service or any complaints, comments, concerns or feedback can be sent to us at : anshul@tribalarena.com.