This Terms of Use ("Terms") lays out the terms and conditions, as maybe amended and
supplemented, from time to time which shall govern the access and use of the Mobile Application
Software titled ‘Loco’ (“App”), the website atgetloconow.com, the social media handles of the App,
and the offered content therein, hosted either through the App, social media handles, mobile sites or a
network of websites, which may be uploaded or controlled by Pocket Aces Pictures Private Limited
(“Company/ We”), (collectively, the Platform”) and the Services provided to and availed by the
registrants/users ("Visitor"/”You”) through the Platform.
The use and access of the Platform and the Services shall also be governed by the Privacy Policy,
which is incorporated herein by reference, and can be accessed here.
Please read the Terms carefully before using, downloading and registering on the App or accessing
any Services (as definedbelow) through the Platform. Certain parts of the Services, such as giveaways
to the Visitor, in-game credits, redemption of vouchers in relation to the Services etc. may include
additional terms of use from the Company’s sponsors, business partners, and third parties, which
shall supplement these Terms, and are required to be complied with by the Visitor. By using the
Platform or the Services, You hereby signify Your absolute and unconditional acceptance to the Terms,
and the Privacy Policy, and Your agreement to be legally bound by the same. You may not use the
Services if You do not accept the Terms.
The access of the Platform, usage of the Services in any manner, or mere browsing of the Platform by
the Visitor constitutes an acknowledgement and acceptance in full by the Visitor of these Terms
without any modification and/or exception. By affirming the assent of the Visitor to the Terms, the
Visitor provides his consent to the collection, use, storage, processing and disclosure of his
information as set out in the Terms and the Privacy Policy.
(a) The Terms constitute an agreement (“Agreement”) between the Visitor andtheCompany,
with regard to the access and use of the Platform for the following categories of services:
(i) game streaming services, inter alia including uploading live streaming of games and
other real time events, watching live streams of games and other real time events,
engaging with the players or streamers on the Platform, chatting in real time with other
users of the Platform (including streamers) and competing in multi-player or single
player games on the Platform;
(ii) participating in any contests, incentive programmes or giveaways; and
(iii) quiz services, inter alia including participating in live quizzes,
collectively referred to as the “Services”.
(b) Subject to the acceptance of these Terms and compliance with the requirements contained
herein, the Company has granted You the limited right to access and avail the Services,
for non commercial entertainment purposes, except to the extent covered under these
(c) The Company reserves the right to change the Terms without any notice or intimation of
such change to the Visitor. The Visitor shall be responsible for regularly reviewing the
Terms. Changes to the Terms will be effective when posted on the App or the Platform
and the Visitor agrees to review the Terms periodically to become aware of any changes.
(d) The Visitor's use of certain features, functionality or programs of the Services (including,
without limitation, contests, promotions, payout programmes, incentive programmes
(whether monetary or otherwise), RSS feeds, etc.) offered on or through the App and the
Platform may be subject to additional terms of use, guidelines, rules of participation and
conduct (collectively referred to as the Additional Rules”), and before the Visitor
participates in or uses any such features, functionality or other programs, he would be
deemed to have comprehended and accepted such Additional Rules. The Company may,
at its sole discretion, terminate or withdraw any such contests, promotions, payout
programmes, incentive programmes (whether monetary or otherwise), RSS feeds, etc.
without notifying or providing a prior notice to You. Further, the Company shall be
entitled, at its sole discretion, to modify, alter, add to or revise the Additional Rules,
without a prior notification to You. Your continued usage of such programme or contest
or such, shall be deemed to be an unconditional acceptance of the revised Additional
Rules. The Company may also offer, as a part of its Services, certain paid services, such as
an option to purchase certain virtual items, for which the Company may use or have tie
ups with sponsor / promotion partners, third party payment gateways, and payment
(e) The Company reserves the right, in its sole discretion, to terminate the access of the
Visitor to the App, Platform or any portion thereof at any time, without any prior notice.
(f) In addition to the Terms, a streamer on the Platform shall be bound by the provisions of
the streaming agreement executed between the streamer and the Company.
(g) The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent or intent
of the Terms or the right to use the Platform by the Visitor as contained herein.
(h) The Terms shall apply equally to both the singular and plural form of the terms defined.
Whenever the context may require, any pronoun shall include the corresponding
masculine and feminine. The words "include", "includes" and "including" shall be deemed
to be followed by the phrase "without limitation". Unless the context otherwise requires,
the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the
Terms as a whole.
(i) The Visitor understands and acknowledges that when using the Services, he will be
exposed to content from a variety of sources, and that the Company is not responsible for
the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such
(j) You further understand and acknowledge that You may be exposed to content that is
inaccurate, indecent, or objectionable, and You agree to waive, and hereby do waive, any
legal or equitable rights or remedies You have or may have against the Services and the
Company in this regard with respect thereto, and agree to indemnify and hold the
Company, its parent corporation, affiliates, licensors, service providers, officers, directors,
employees, agents, successors and assigns, harmless to the fullest extent allowed by law
regarding all matters related to Your use of the Services.
(a) To avail any of the specified Services offered by the Company, the Visitor is mandatorily
required to open an account on the App (“Account”), unless the Additional Rules
mandate otherwise. Acceptance of the application for an Account will be displayed on
the App. The Company reserves the right to decline the Visitor’s application for an
account or to revoke the same at any stage at the Company’s sole and absolute discretion
and without assigning any reason or giving any notice thereto. The Visitor shall be
permitted to access the Services only upon creating the Account, unless the Additional
Rules mandate otherwise.
(b) The Visitor shall be entitled to access and use certain Services without creation of an
Account. However, the Terms shall irrespective apply to the use and access of the Visitor
to such Services. In the event of any violation of these Terms in the use and access of such
Services, the Company shall have the option to identify and block the Visitor from further
access of any Services.
(c) The Visitor is not required to purchase or pay to avail any of the Services, except as may
be otherwise expressed herein.
(d) The Visitor agrees and undertakes at all times to be responsible for maintaining the
confidentiality of the Account, username and password and shall be fully and solely
responsible for all activities that occur by use of the Account. Further, the Visitor agrees
not to use any other party's Account for any purpose whatsoever without proper
authorization from the relevant party. The Visitor is responsible for the security of all
transactions undertaken on his Account. The Company will not be responsible for any
financial loss, inconvenience or mental agony resulting from misuse of the Visitor’s
(e) The Visitor also agrees and undertakes to immediately notify the Company of any
unauthorized use of the Visitor's Account or user ID as the case maybe. The Company
shall not be responsible for any, direct or indirect, loss or damage arising out of the
Visitor's failure to comply with this requirement. You are solely responsible for restricting
access to your computer, and for all activities that occur under Your Account or
password. You acknowledge that Your Account is personal to You and agree not to
provide any other person with access to the Services or portions of it using Your user
name, password or other security information. You should use particular caution when
accessing your Account from a public or shared computer so that others are not able to
view or record Your password or other personal information.
(f) The Company shall have the right to disable any user name, password or other identifier,
whether chosen by the Visitor or provided by the Company, at any time in its sole
discretion for any or no reason, including if, in the opinion of the Company, the Visitor
has violated any provision of the Terms. The Company shall not be responsible for any
losses incurred or suffered by the Visitor on such suspension or termination of Your
Account, including in relation to any virtual items and other privileges (including credits,
points or rewards of a similar nature) associated with Your use of the Services.
(g) To use the Services of the App or the Platform, the Visitor agrees to:
(i). download and open the App on his device;
(ii). sign up for an Account or if the Visitor already has an Account, to log into his
existing Account.
(iii). register to participate in relation to any of the Services which requires a separate
(iv). provide true, accurate and complete information about himself ("Registered Data")
on the App/Platform;
(v). maintain and promptly update the Registered Data to keep it true, accurate, current
and complete. If the Visitor provides any information that is untrue, inaccurate, not
current or incomplete or the Company has reasonable grounds to suspect that the
Registered Data or any part thereof is untrue, inaccurate, not current or incomplete,
the Company has the right to suspend or terminate the Visitor's Account and refuse
any and all current or future use of the Platform and/or any of the Services of the
(vi). the Visitor accepts that the Services shall be void where prohibited or restricted by
Applicable Laws (defined below) or where bonding, registration, or other
requirements would be required but have not been met; and
(vii). the Visitor accepts that the Company expressly reserves the right to disqualify any
entry that it believes are not in good faith, or are generated by an automated means
or scripts, or otherwise violating the Terms or the spirit of the Services. Entries
generated by script, macro or other automated means or otherwise violating the
Terms or the spirit of the Services are void. Notwithstanding the provisions
contained in this Clause, the Company, shall be entitled to, at its sole discretion
(including for reasons of software issues, network issues, technical glitches, etc.,) to
nullify a Service or any part of the Services at any time after the event / contest has
started and / or any prizes/rewards/ credits owed to the Visitor after it has become
(a) Giveaways
(i). As a part of the Services, the Company may, at its sole option, decide to award
giveaways to the Visitors, upon compliance with certain criterions as may be
specified for such Service, or as an incentive to advertise and promote the Services
and the Platform, or in the nature of a prize for emerging as the winner in any of the
contests, incentive programmes or pay out programmes conducted by the Company
through the Platform (“Giveaways”).
(ii). The Giveaways shall comprise of any virtual points garnered to the Account of the
Visitor, or any tangible items or services in the form of a prize or reward which can
be redeemed by the Visitor.
(iii). For the purpose of granting the Giveaways, the Company shall have the option to
associate with any third-party entities, including structuring it as a part of a paid
sponsorship or promotion engagement entered into by the Company with a
third-party entity or brand (“Sponsored Giveaways”). The Company shall not be
responsible, and hereby expressly denies any liabilities in relation to, (A) ensuring
receipt of the Sponsored Giveaway by the Visitor, (B) any losses or damages
incurred or suffered by the Visitor by using the Sponsored Giveaway, (C) any defect
or damage, inherent, or otherwise effected during the transportation of the
Sponsored Giveaway to the Visitor, (D) any express or implied warranty of
merchantability, fitness, use or functionality, and non infringement of rights
(including third party intellectual property rights), and (E) any and all claims,
actions, suits, penalties, damages and levies arising from the Sponsored Giveaways.
(iv). In the event of any dispute or complaints in relation to the Sponsored Giveaways,
including the aforementioned in clause 3(a)(iii), the Visitor shall approach the
sponsoring entity directly, and shall not approach the Company for any resolution
in this regard.
(b) In – Game Tipping
(i). The Company may introduce virtual items such as stickers, coins, points and such
similar items, which can be purchased by the Visitor for a nominal charge (in INR),
payable to the Company (“Virtual Points”). The Virtual Points, once purchased by
the Visitor, may be used to tip or reward any of the Visitor’s favoured players and
(ii). Once purchased, the Virtual Points cannot be exchanged or returned for cash. The
Visitor shall further not be entitled to encash the Virtual Points in any manner. Once
the Virtual Points are deposited in favour of any streamer or player, the Visitor shall
not be entitled to transfer or take back the Virtual Points.
(iii). Once the Virtual Points have been deposited, the Company shall have the option of
encashing them, and allotting and transferring specified percentages of such
amount to the bank accounts of the respective streamers.
(c) Vouchers and digital rewards/ currencies
(i). The Company may, in the form of a reward or prize, for participation and / or
winning of contests, assignments and other related tasks that form part of the
Services, grant digital currencies (such as digital vouchers, coins, gold, diamond
points etc.) or third-party vouchers.
(ii). The digital currencies shall not require any kind of payment, and shall not
redeemable or convertible into cash. The digital currencies shall solely serve the
purpose of enabling the Visitor to access further levels within the Services in the
manner specified in the characteristics of such digital currencies.
(iii). The third-party vouchers shall also not require any kind of payment, and shall be
provided by the Company in association with paid promotion with third party
entities who may be sponsoring or promoting itself through the Services. The third
party vouchers, may be convertible into tangible products, tangible services or
digital services, in accordance with the specifics of the third party who is providing
such vouchers. Clause 3 (a)(iii) of the Terms shall apply mutatis mutandis to the
third party vouchers, with respect to the liability of the Company in this regard.
(d) The Visitor shall avail or purchase, as the case may be, the Giveaways, including the
Sponsored Giveaways, Virtual Points, vouchers and digital currencies / rewards, only
from the Company, or through the authorized partners of the Company, and through the
Platform / Services.
(e) The Company shall have the sole discretion and right to withdraw, amend, modify, alter,
and cancel any of the aforementioned in-game purchases and virtual items, at any time,
without any notice. The Company shall also be entitled to change the terms, increase or
decrease the values, and introduce new methods or concepts in this regard.
(f) The Visitor shall use the in-game purchases and virtual items only for the purposes which
it has been provided, and they shall not be transferable, assignable or substitutable,
except as otherwise provided by the Company.
(g) In the event any in-game purchases and virtual items require a transaction with a third
party service provider (including payment service providers), the Visitor agrees to abide
by the terms of use and other relevant instruction of such third party service provider.
The Visitor shall be solely responsible for any payments made from his bank account in
this relation. The Company shall not be a party to such transaction or agreement, and
shall not be responsible for any actions or omission, claims of misconduct, fraud or
negligence pertaining to the transaction. The Company accepts no obligation and
responsibility for the use of the payment option by the third party service provider. Once
payment is made by the Visitor, the Visitor shall not have the further right to cancel and
redeem, or require a refund of the payment already made by him.
(h) The decisions of the Company are final and binding in all matters relating to the vouchers
and digital awards /currencies. In no event shall the Company be obligated to award any
prizes other than the prizes specified in these Terms.
(i) The Visitor acknowledges that certain jurisdictions have laws regarding contests that may
prevent the Company from awarding the Visitor a prize or reward. By availing the
Services, the Visitor understands and accepts the risk that the Visitor may not be able to
receive a prize.
(a) Each Visitor who accesses the Services, represents that he is an Indian resident or a person
resident in India as per the applicable laws.
(b) The Visitor agrees and undertakes not to sell, trade, resell or exploit for any commercial
purposes, any portion of the Services. The Visitor further agrees and undertakes not to
copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer,
create derivative works from, transfer, or sell any information, software, products,
Services or intellectual property obtained from the App or the Platform in any manner
(c) The Visitor represents that he shall not use the App, Platform or its Services for any illegal
purposes as per the Applicable Laws.
(a) The Company has endeavoured to ensure that all the information provided by it on the
App and the Platform is correct, but the Company neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data or
information displayed on the App or the Platform. The Company makes no warranty,
express or implied, concerning the Platform and/or its contents and disclaims all
warranties of fitness for a particular purpose and warranties of merchantability in
respect of information displayed and communicated through or on the Platform,
including any liability, responsibility or any other claim, whatsoever, in respect of any
loss, whether direct or consequential, to any Visitor or any other person, arising out of or
from the use of any such information as is displayed or communicated through or on the
(b) By availing Services, parts of which may be sponsored by a sponsor, the Visitor agrees
that any information provided by the Visitor or collected by the sponsor in connection
with the Services may be used by the Sponsor in accordance with their terms of use.
(c) The Visitor further agrees that any information provided by the Visitor in connection
with the Services may be used by the Company in accordance with these Terms and the
Privacy Policy.
(d) Unless prohibited by Applicable Law, the acceptance of a Visitor to avail the Services
constitutes the Visitor’s permission touse his name, submissions, photograph, likeness,
voice, address (city and state)and testimonials in all media, in perpetuity, in any manner
that the Company or the sponsor deems appropriate for publicity purposes without any
compensation to such entrant or any review or approval rights, notifications, or
permissions and constitutes the Visitor’s consent to disclose his personally identifiable
information to third parties. Notwithstanding any rights of publicity, privacy or
otherwise (whether or not statutory) anywhere in the world, the Visitor’s acceptance of a
prize constitutes his authorization to:
(i). have the sponsor (and its agents, consultants and employees) photograph, record,
tape, film and otherwise visually and audio visually record the Visitor;
(ii). have the sponsor (and its agents, consultants and employees) use, reproduce,
disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and
otherwise exploit any results of such activity (including without limitation any
manner in which such activity may be recorded or remembered or modified) or
derivatives or extensions or limitations thereof in any manner that the sponsor
sees fit, in any medium or technology known or hereinafter invented, throughout
the universe in perpetuity, including without limitation for illustration, art,
promotion, advertising, trade or any other purpose whatsoever; and
(iii). have relinquished any right that the Visitor may have to examine or approve the
completed product or products or the advertising copy or printed matter that may
be used in conjunction therewith or the use to which it may be applied.
(e) In no event shall the Company be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any other damages resulting from: (i) the use or the
inability to use the Services; (ii) unauthorized access to or alteration of the Visitor's
transmissions or data; (iii) any other matter relating to the Services; including, without
limitation, damages for loss of use, data or profits, arising out of or in any way connected
with availing of the Services.
(f) The Company shall not be responsible for the delay or inability to use the Services on the
App or the Platform, the provision of or failure to provide the Services, or for any
information, software, products, Services and related graphics obtained from the
Company through the App/ Platform, whether based on contract, tort, negligence, strict
liability or otherwise. Further, the Company shall not be held responsible for
non-availability of the App / Platform during periodic maintenance operations or any
unplanned suspension of access to the App / Platform that may occur due to technical
reasons or for any other reason whatsoever. The Visitor understands and agrees that any
material and/or data downloaded or otherwise obtained from the Company through the
Platform is done entirely at his discretion and risk and he will be solely responsible for
any damage to his equipment including a phone, internet access, etc., or any other loss
that results from such material and/or data.
(g) These limitations, disclaimer of warranties and exclusions apply without regard to
whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii)
negligence, or (iv) any other cause of action, to the extent such exclusion and limitations
are not prohibited by applicable law.
(a) The Platform may contain links to other websites, platforms, or social media handles,
social networks, or may contain features of any nature of other websites on the App
("Allied Sites"). The Allied Sites are not under the control of the Company and the
Company is not responsible for the contents of any Allied Site, including without
limitation any link or advertisement contained in the Allied Site, or any changes or
updates to the Allied Site. However, it is clarified that any participation or availment of
Services by You through such Allied Sites shall, to the extent applicable, be also
governed by these Terms and Additional Rules as applicable/ notified.
(b) The Company is not responsible for any errors, inclusions, omissions or representations
on any Allied Site, or on any link contained in the Allied Site. The Company does not
endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in
any manner. The Visitor is requested to verify the accuracy of all information on his
own before undertaking any reliance on such information.
(a) The Company allows the Visitors to distribute live and pre-recorded audio-visual works,
to use services, such as chat, bulletin boards, live streams, forum postings, voice
interactive services, and to participate in other activities in which You may create, post,
transmit, perform, or store content, messages, text, sound, images, applications, code or
other data or materials on the Platform (“User Generated Content/UGC”).
(b) Unless otherwise agreed to in a written agreement between the Visitor and the Company
that was signed by an authorized representative of Company, by broadcasting,
publishing, posting, displaying, submitting and/or uploading any of its UGC in
connection with the Services, the Visitor grants to the Company and its sub-licensees the
permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights
and license, without any territorial or time limitations and without requiring any
approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit,
dispose, create derivative works of, distribute, perform and publicly display such UGC
(in whole or in part), and/or incorporate such UGC into existing or future forms of
work, media or technology.
(c) The rights granted by the Visitor to UGC shall terminate generally upon closing of the
Visitor’s Account, except in relation to, (i) use for promotional purposes; and / or (ii) for
the reasonable time it takes to remove from backup and other systems.
(d) The Visitor shall be solely responsible for his UGC and the consequences of streaming,
posting, uploading, publishing, transmitting or otherwise making available his UGC on
the Platform. The Visitor understands and acknowledges that he is responsible for any
UGC he may submit or contribute, and the Visitor, not the Company shall, have full
responsibility for such UGC, including its legality, reliability, accuracy and
appropriateness. The Company is not responsible, or liable to any third party, for the
content or accuracy of any UGC made available by the Visitor or any other user of
App/Platform. The Company does not control the UGC provided or contributed by the
Visitor and the Company does not make any guarantee whatsoever related to UGC
submitted or contributed by the Visitor. Although the Company sometimes review UGC
provided or contributed by the Visitors, the Company is not obligated to do so. Under no
circumstances shall the Company be liable or responsible in any way for any claim
related to UGC provided or contributed by the Visitors.
(e) You further agree that the UGC You provide to the Platform/Company will not contain
third party copyrighted material, or material that is subject to other third party
proprietary rights, unless You have permission from the rightful owner of the material or
You are otherwise legally entitled to provide the material and to grant to the
Services/Company all of the license rights granted herein.
(f) The Company does not endorse any UGC on it by any user or other licensor except as
provided for under these Terms, or any opinion, recommendation, or advice expressed
therein, and the Company expressly disclaims any and all liability in connection with
(g) The Company shall have the unconditional right and authority, among other things, to
use any game streamer's game stream and other live streams on real time basis or any
UGC and content for marketing and advertising purposes without any
monetaryobligations or any liabilities being incurred by the Company.
(a) You may not use the Services for any other purposes, including commercial purposes,
without the Company’s express written consent.
(b) You agree that You will view the Services and its content unaltered and unmodified. You
acknowledge and understand that You are prohibited from modifying the Services or
eliminating any of the content of the Services.
(c) You agree that You will not use or attempt to use any method, device, software or routine
to harm others or interfere with the functioning of the Services or use and/or monitor
any information in or related to the Services for any unauthorized purpose. Specifically,
You agree not to use the Services to:
(i). violate any law (including without limitation laws related to torts, contracts,
patents, trademarks, trade secrets, copyrights, defamation, obscenity,
pornography, rights of publicity or other rights) or encourage or provide
instructions to another to do so;
(ii). post any content that contains falsehoods or misrepresentations that could
damage the Services, or the Company, or any third party;
(iii). post any content that may endanger life or lead to physical harm or has been
expressly prohibited by applicable law (including streaming while driving,
sleeping etc.), involve physical trauma, use or abuse of drugs and alcohol, any
political or extremist propagandas, sexual harassment or sexual objectification;
(iv). post any content that is obscene, illegal, unlawful, defamatory, libelous,
harassing, hateful, racially or ethnically offensive, or encourages conduct that
would be considered a criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate;
(v). post any content containing unsolicited or unauthorized advertising, promotional
materials, spam, junk mail, chain letters, pyramid schemes or any other form of
unauthorized solicitation;
(vi). post any content containing copyrighted materials, or materials protected by
other intellectual property laws, that You do not own or for which You have not
obtained all necessary written permissions and releases;
(vii). deploy or use programs, software or applications designed to harm, interfere
with the operation of, or access in an unauthorized manner, services, networks,
servers, or other infrastructure;
(viii). exceed Your authorized access to any portion of the Services;
(ix). collect or store personal data about anyone;
(x). obtain or attempt to access or otherwise obtain any content or information
through any means not intentionally made available or provided for through the
(xi). exploit errors in design, features which are not documented and/or bugs to gain
access that would otherwise not be available;
(xii). use any robot, spider or other automatic device, process or means to access the
Services for any purpose, including monitoring or copying any of the material on
the Services without the Company’s prior written consent;
(xiii). use any manual process to monitor or copy any of the material on the Services or
for any other unauthorized purpose without the Company’s prior written
(xiv). introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs,
cancelbots, corrupted files or any other similar software, program or material
which is malicious or technologically harmful or that may damage the operation
of another’s property or of the Services; or
(xv). remove any copyright or other proprietary notices from Services or any of the
materials contained therein.
(d) The Company does not allow, and does not endorse any services as a part of its Services
that facilitate online gambling, betting, wagers, lotteries, games of skill that offer prizes
of cash. The Visitor shall not indulge in any of such activities while accessing and using
the Services, and shall promptly inform the Company if he becomes aware of any such
instances. None of the Services contained herein endorse or fall under the above
mentioned categories.
(a) The Company has the right to:
(i). remove any UGC You provide or contribute to the Platform, for any or no reason
at its sole discretion;
(ii). take any action with respect to any UGC provided by the Visitor that the
Company deems necessary or appropriate in its sole discretion, including if the
Company believes that such UGC violates these Terms, infringes any intellectual
property right or other right of any person or entity, threatens the personal safety
of users of the Services or the public or could create liability for the Company;
(iii). take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Services;
(iv). terminate or suspend Your access to all or part of the Services for any or no
reason, including without limitation, any violation of these Terms.
(v). Without limiting the foregoing, the Company shall have the right to fully
cooperate with any law enforcement authorities or court order requesting or
directing it to disclose the identity or other information of anyone providing any
UGC on or through the Services.
(vi). To maintain the Services in a manner the Company deems appropriate and to the
maximum extent permitted by applicable laws, but will not have any obligation
to, review, monitor, display, reject, refuse to post, store, maintain, accept or
remove any UGC posted by You, and the Company may, in its sole discretion,
delete, move, re-format, remove or refuse to post or otherwise make use of UGC
without notice or any liability to You or any third party in connection with the
operation of the Services in an appropriate manner. Without limitation, the
Company may do so to address UGC that comes to its attention that the
Company believes is offensive, obscene, violent, harassing, threatening, abusive,
illegal or otherwise objectionable or inappropriate, or to enforce the rights of
third parties or these Terms or any applicable additional terms.
(vii). The Company shall assume no liability for any action or inaction regarding
transmissions, communications or UGC provided by any user or third party.
(a) The Visitor's rights on the Platform are conditioned upon compliance with each of the
(i). in order to utilize the Services provided by the Company, the Visitor must be over
the age of 18 and if the Visitor is under the age of 18, he must have his parent’s or
legal guardian’s permission prior to availing the Services, and by
participating/streaming, the Visitor represents that his parent or legal guardian has
provided such permission and agreed to these Terms;
(ii). the Visitor will not create or submit anything that is unlawful, pornographic,
defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying,
vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that
encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or
criminal liability, or that violates any applicable laws, rules, regulations or
Government of India's guidelines ("Applicable Laws"), or that infringes or violates
other parties' intellectual property rights or links to infringing or unauthorized
(iii). the Visitor will not embed, re-publish, maintain and/or display any Platform
content on any web site or other Internet location that ordinarily contains or hosts
content that is unlawful, pornographic, obscene, defamatory, libellous, threatening,
discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially,
culturally or ethnically offensive, or that encourages criminal conduct, or that gives
rise, or potentially gives rise, to civil or criminal liability, or that violates any
Applicable Laws, or that infringes or violates other parties' intellectual property
rights or links to infringing or unauthorized content;
(iv). the Visitor will not provide false information about him or anyone else (including,
without limitation, if and when the Visitor is being asked on the App/Platform to
provide accurate information about the Visitor's age), and the Visitor will not
impersonate or appear to impersonate anyone else or otherwise misrepresent the
Visitor's affiliation with any person or entity;
(v). the Visitor will not use any one or more of the Licenses (and any associated
functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise,
view, display, forward, any material or information, whether personally
identifiable or not, posted by or concerning any other user of the App/Platform,
unless the Visitor would have obtained prior permission from such user to do so;
(vi). the Visitor will not interfere with or disrupt, or attempt to interfere with or disrupt,
the operation of the Platform (or any parts thereof);
(vii). the Visitor will abide by all copyright notices, information, restrictions contained in
or associated with any of the App/Platform content;
(viii). the Visitor will not remove, alter, interfere with or circumvent any copyright,
trademark, watermark, or other proprietary notices marked/displayed on the
(ix). the Visitor will not remove, alter, interfere with or circumvent any digital rights
management mechanism, device or other content protection or access control
measure (including, without limitation geo-filtering and/or encryption) associated
with the Platform;
(x). the Visitor will not use any of the rights granted to him or any of the Platform
content in a manner that suggests an association with any of the Company's
products, Services or brands, unless otherwise specifically permitted by the
(xi). the Visitor will not do anything on the App/Platform that would prevent other
users' access to or use of the App /Platform or any part thereof;
(xii). the Visitor, upon a request from the Company, shall provide all the necessary
documents to show his proof of residency in India; and
(xiii). the Visitor accepts that if he is a director, officer, and employees of a sponsor or any
of its affiliate companies and subsidiaries, and immediate families of each, he shall
not be eligible to receive a prize.
(b) The Visitor represents and warrants that he has the power and authority to execute,
deliver and perform his obligations under the Terms and all necessary corporate,
shareholder and/or other actions have been taken by it to authorize such execution,
delivery and performance, and that the Terms constitutes its legal, valid and binding
obligation, enforceable in accordance with its terms. The execution, delivery and
performance of its obligations under the Terms does not and will not contravene any
laws, regulation or order of any authority or other official body or agency or any
judgment or decree of any court having jurisdiction over it or conflict with or result in
any breach or default under any document binding upon it.
(c) The Visitor represents and warrants that he is not a director, officer, and employee of the
Company or any of its affiliate companies and subsidiaries, and immediate families of
(d) The Visitor represents and confirms that he is not a person barred from accessing and
using the App /Platform and availing the Services under the laws of India or under the
laws of the relevant jurisdiction, as applicable, or other Applicable Laws.
(e) The Visitor acknowledges and agrees that as between the Company and the Visitor, the
Company owns all right, title and interest in the Services and the Platform; and nothing
in this Terms shall confer on the Visitor any license or right of ownership in the
Company’s intellectual property rights and/or the Platform or its contents.
(f) To avail a Service through the App/Platform, the Visitor has and must continue to
maintain at his sole cost:
a. all the necessary equipment including a phone, internet access, etc. to access
the Platform and/or avail the Services; and
b. own access to the World Wide Web. The Visitor shall be responsible for
accessing the App, Platform and/or availing the Services which may involve
third party fees including, airtime charges or internet service provider's
charges which are to be exclusively borne by the Visitor.
(i). The Visitor also understands that the Services may include certain communications
from the Company as service announcements and administrative messages. The
Visitor understands and agrees that the Services are provided on an "as-is-where-is"
basis and that the Company does not assume any responsibility for deletions,
mis-delivery or failure to store any Visitor communications or personalized settings.
(a) Subject to the Terms, the Company hereby grants to the Visitor, if and only to the extent
the necessary functionality is provided to the Visitor on or through the Platform, the
following limited, revocable, non-exclusive, non-transferable, non-assignable,
worldwide, royalty-free rights and licenses (each a "License"):
(i). the License to access, view and otherwise use the Platform (including,
without limitation any information or Services provided on or through the
Platform) for the personal and lawful use only by the Visitor, as intended
through the normal functionality of the Platform; and
(ii). the License to use any other functionality expressly provided by the
Company on or through the Platform for use by Visitors, subject to the Terms.
(b) The content of the App, Platform, and all copyrights, patents, trademarks, service
marks, trade names, software codes and all other intellectual property rights therein,
whether registered or unregistered, are owned by the Company and/or its licensors
and are protected by applicable Indian and international copyright and other
intellectual property laws. The Visitor acknowledges, understands and agrees that he
shall not have, nor be entitled to claim, any rights in and to the content of the Platform
and/or any portion thereof.
(c) The Company may provide the Visitor with content including information, sound,
photographs, graphics, video or other material through the Platform. This material may
be protected by copyrights, trademarks or other intellectual property rights and laws.
The Visitor may use this material only as expressly authorized by the Company and
shall not copy, transmit or create derivative works of such material without express
authorization from the Company.
(d) The Visitor acknowledges and agrees that he shall not upload, post, reproduce or
distribute any content on the Platform that is protected by copyright or other
proprietary right of a third party, without obtaining the permission of the owner of
such right. Any copyrighted or other proprietary content distributed with the consent
of the owner must contain the appropriate copyright or other proprietary rights notice.
The unauthorized submission or distribution of copyrighted or other proprietary
content is illegal and could subject the Visitor to personal liability or criminal
The Visitor may notify the Company of any complaints in relation to the game streaming
services, by contacting it at: support@loco.gg. However, the Company will not be liable or
obligated in this regard in any way.
(a) The Visitor shall be responsible and liable for all taxes in connection with any cash
payments made by him.
(b) The Visitor hereby consents and agrees that the Company may withhold any such
amount from his Account that any tax authority requires the Company to do so, or the
Company is otherwise required by law or pursuant to agreements with any tax authority
to do so, or if the Company needs to comply with internal policies or with any applicable
order or sanction of a tax authority.
(c) The Company may in its sole discretion deduct any and all taxes that it is statutorily
required to deduct from the Visitor/ Streamer in accordance with regulatory/ statutory
mandated rates. You further authorize the Company to deduct such taxes with
retrospective effect to comply with the tax laws.
(a) The Company and the Visitor hereby agree to keep the data, information and terms of the
Account ("Confidential Information") confidential and shall not disclose the same
without the consent of the other.
(b) The parties shall not be liable for breach of the above clause when the Confidential
Information is disclosed pursuant to an order of any court or government authority
and/or in performance of this contract by the Company and/or when the parties
independently obtain it from a third party.
(a) Without prejudice to the other remedies available to the Company under the Terms or
under Applicable Law, the Company may limit the Visitor's activity, warn other Visitors
of the Visitor's actions, immediately temporarily / indefinitely suspend or terminate the
Visitor's registration, and/or refuse to provide the Visitor with access to the Platform if:
(i). the Visitor is in breach of this Terms of Use and/or the documents it incorporates
by reference; and
(ii). The Company believes that the Visitor's actions may infringe on any third-party
rights or breach any Applicable Law or otherwise result in any liability for the
Visitor or other Visitors of the Platform.
(b) The Company may at any time in its sole discretion reinstate suspended Visitors. Once
the Visitor has been indefinitely suspended the Visitor may not register or attempt to
register with the Company or use the Platform in any manner whatsoever until such
time that the Visitor is reinstated by the Company. Notwithstanding the foregoing, if the
Visitor breaches the Terms or the documents it incorporates by reference, the Company
reserves the right to recover any amounts due and owing by the Visitor to the Company
and to take strict legal action as the Company deems necessary.
(a) Either the Visitor or the Company may terminate this Agreement with or without cause
at any time to be effective immediately.
(b) The Visitor agrees that the Company may without prior notice, immediately terminate
the Visitor's Account and access to the Platform. Causes for termination may include, but
shall not be limited to, breach by the Visitor of this Terms of Use, requests by
enforcement or government agencies, and/or requests by the Visitor.
(c) This Agreement may be terminated by the Visitor by discontinuing the use of the
Platform. The Company shall not be liable to the Visitor or any third party for
termination of the Agreement. Should the Visitor object to any Terms or becomes
dissatisfied with the Company in any way, the Visitor's only recourse is to immediately
discontinue the use of the App/ Platform.
(d) Upon termination of this Terms of Use, the Visitor's right to use the App/ Platform and
Services and software shall immediately cease. The Visitor shall have no right and the
Company shall have no obligation thereafter to execute any of the Visitor's uncompleted
tasks or forward any unread or unsent messages to the Visitor or any third party. Once
the Visitor's registration or the Services are terminated, cancelled or suspended, any data
that the Visitor has stored on the App / Platform may not be retrieved later.
None of the provisions of the Terms, notices or the right to use the Platform by the Visitor
contained herein or any other section or pages of the Platform and/or the Allied Sites, shall be
deemed to constitute a partnership between the Visitor and the Company and no party shall
have any authority to bind or shall be deemed to be the agent of the other in any way. It may
be noted, however, that if by using the Platform, the Visitor authorizes the Company and its
agents to access third party sites designated by them or on their behalf for retrieving
requested information, the Visitor shall be deemed to have appointed the Company and its
agents as his agent for this purpose.
The Visitor agrees to indemnify, defend and hold harmless the Company, its affiliates, group
companies and their directors, officers, employees, agents, third party service providers, and
any other third party providing any service to the Company in relation to the Services
whether directly or indirectly, from and against any and all losses, liabilities, claims, damages,
costs and expenses (including legal fees and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by the Company that arise out of,
result from, or may be payable by virtue of, any breach or non-performance of any terms of
the Terms including any representation, warranty, covenant or agreement made or obligation
to be performed by the Visitor pursuant to the Terms.
(a) The Visitor understands and expressly agrees that to the extent permitted under
Applicable Laws, in no event will the Company or any of its affiliates or group
companies or any of their respective officers, employees, directors, shareholders, agents,
or licensors be liable to you or anyone else under any theory of liability (whether in
contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for loss of
revenues, profits, goodwill, use, data or other intangible losses (even if such parties were
advised of, knew of or should have known of the possibility of such damages), resulting
from the Visitor’s use (or the use of anyone using an account registered to the Visitor) of
the Platform or any parts thereof.
(b) The Services provided by the Company are ‘as is’, and the Company does not provide
any warranties in relation to the Services. The Company does not guarantee that the
Services shall meet the Visitor’s requirements, or shall be free of error, and interruptions.
The Company does not guarantee that the Services shall be accessible at all times.
(c) Notwithstanding anything to the contrary herein, the Visitor hereby irrevocably waives
any right or remedy to seek and/or obtain injunctive or other equitable relief or any
order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the
production, distribution, exhibition or other exploitation of any the Company or any of
its affiliate or group company related project, or the use, publication or dissemination of
any advertising in connection with such project.
(d) The Visitor’s sole and exclusive remedy for any dispute with the Company shall be to
discontinue the use of the Platform and the Services. In any event, the liability of the
Company for any and all claims relating to the Services/Platform shall not exceed the
total payments that may have been made by the Visitor in the past 6 (six) months
immediately preceding the event giving rise to the dispute.
The Company shall not be liable for any failure to perform any of its obligations under the
Terms or provide the Services or any part thereof if the performance is prevented, hindered or
delayed by a Force Majeure Event (defined below) 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
any Party, including, without limitation, unavailability of any communication system, breach
or virus in the systems, fire, pandemic, flood, explosion, acts of God, civil commotion, riots,
insurrection, war, acts of government.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part,
such invalidity or unenforceability shall attach only to such provision or part of such
provision and the remaining part of such provision and all other provisions of the Terms shall
continue to be in full force and effect.
(a) All notices and communications from the Visitor to the Company in relation to the
Platform and/or any of the Services (including the termination of any of the Services
etc.) shall be in writing. The Visitor shall be deemed to have been given a notice if sent by
an email or posted within the Platform.
(b) Notice shall be deemed to have been served 48 hours after it has been sent, dispatched,
displayed, as the case may be, unless, where notice has been sent by email, it comes to
the knowledge of the sending party, that the email address is invalid.
The Terms along with the Privacy Policy constitute the entire agreement between the
Company and the Visitor and supersedes and extinguishes all previous agreements, promises,
assurances, representations, warranties and undertakings, whether written or oral.
(a) If You wish to contact the Company in writing, or if any condition in the Terms requires
You to give a notice to the Company, You can send an e-mail to help@getloconow.com or
to such e-mail address that may be communicated to You from time to time. The
Company will confirm receipt of this by contacting You in writing by e-mail.
(b) If the Company has to contact You or give You notice in writing, the Company will do so
by in-App chat, e-mail, or SMS to the mobile phone number or email address You
provided to us in Your request for the App.
The Terms shall be governed in accordance with the laws of India and any disputes arising
out of or in connection with the Terms shall be subject to exclusive jurisdiction of courts in
The Visitor hereby confirms and records that the contents of the Terms have been read out
and confirmed to the satisfaction of the Visitor. The Visitor agrees to abide by the same at all