TERMS OF USE

This Terms of Use ("Terms") lays out the terms and conditions, as may be 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 loco.com and  loco.gg, and the offered content therein, (collectively, the “Platform”) and the Services provided to registrants/end-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 defined below) through the Platform. By using the Platform or the Services, You hereby signify Your absolute and unconditional acceptance of the Terms and any other additional terms of use related to the Services, the Privacy Policy, and the Rewards Policy, as well as 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.



1. ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
  1. The Terms constitute an agreement (“Agreement”) between the Visitor and Stoughton Street Tech Labs Private Limited (the “Company”/” We"), with regard to the access and use of the Platform for the following categories of services:
    1. game streaming and related services;
    2. uploading clips through clips feature on the Platform;
    3. uploading videos on the Platform;
    4. services in relation to non-fungible tokens, animated renders and other tokens of similar nature; and
    5. any other services that the Platform may integrate, introduce, or create at any point in time;

      6. collectively referred to as the “Services”. 

  2. Subject to the acceptance of these Terms, the Company has granted You the limited right to access and avail the Services, for non – commercial entertainment purposes. 
  3. The Company reserves the right to change the Terms without any notice 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. 
  4. The Company reserves the right, in its sole discretion, to terminate the access of the Visitor to the App or any portion thereof at any time, without any prior notice, including if the Company believes that you have violated or acted inconsistently with these Terms. 
  5. 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. In the event of any inconsistency between the Terms and streaming agreement, the provisions of streaming agreement shall prevail to the extent of such inconsistency.
  6. 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. 
  7. 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 content.

  8. You further understand and acknowledge that You may be exposed to content that is inaccurate, indecent, or objectionable, and it is Your sole discretion whether to continue viewing or engaging with such content. 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.
2. OBLIGATIONS OF THE VISITOR
  1. 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. 
  2. The Visitor agrees and undertakes at all times to be responsible for maintaining the confidentiality of the account on the App (“Account”), username and password and shall be fully and solely responsible for all activities that occur by use of the Account. 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 Account.
  3. 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 may be. 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 all activities that occur under Your Account. 
  4. The Company shall have the right to disable any Account, 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.
  5. The Company may require the Visitor to provide identification proof as part of its know-your-customer (“KYC”) process. The Visitor agrees to provide requisite documents and understands that in the event of failure to comply with KYC requirements, the Company shall have the right to terminate the Visitor’s access to the Services (along with any linked rewards/prizes etc.) with immediate effect, without any notice.
  6. To use the Services of the App, the Visitor agrees to:
    1. ensure the Visitor is over the age of 13 or the minimum legal age in their jurisdiction of residence to access the Services. If the Visitor is under the age of majority in their jurisdiction, they may only access the Services with the consent and supervision of their parent or legal guardian, who agrees to be bound by these Terms of Service;
    2. provide true, accurate and complete information about himself ("Registered Data") on the App;
    3. 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 disable 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 Company;
    4. 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
    5. 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 may, in exceptional circumstances, such as unforeseen software issues, network interruptions, or technical glitches, nullify a Service or any part of the Services at any time after the event/contest has started. In such cases, the Company shall inform the Visitor promptly, providing a clear explanation for the cancellation, and shall ensure fair compensation for any prizes/rewards/credits owed to the Visitor that have become due.
3. IN – GAME PURCHASES AND VIRTUAL ITEMS / PRIZES
  1. Giveaways 
    1. As a part of the Services, the Company may, at its sole option, decide to award giveaways to the Visitors, upon compliance with certain criteria 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 conducted by the Company (“Giveaways”). 
    2. 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 in accordance with the terms and conditions laid out in the Rewards Policy.
    3. 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. >
    4. In the event of any dispute or complaints in relation to the Sponsored Giveaways, the Visitor shall approach the sponsoring entity directly, and shall not approach the Company for any resolution in this regard.
  2. In – Game Tipping
    1. 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, 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 streamers.
    2. Except as permitted by Applicable Laws, 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.
    3. 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. 
  3. Vouchers and digital rewards/ currencies
    1. 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, Loco gold, Loco diamond etc.) or third-party vouchers.
    2. The digital currencies shall not require any kind of payment and shall not be 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.
    3. 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 according to the terms and conditions contained in the Rewards Policy. 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.
  4. 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.
  5. The Company reserves the right to withdraw, amend, modify, alter, or cancel any in-game purchases or virtual items. Any such changes shall be made in exceptional circumstances and will be communicated to the User with reasonable prior 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.
  6. 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.
  7. 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 instructions 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. Except as permitted by Applicable Laws, 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.
  8. 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 and in the Rewards Policy.
  9. 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.
  10. The Visitor acknowledges and agrees that in the event the Visitor breaches any Applicable Law, or the policies, guidelines, terms and conditions of the Platform and/ or App (including these Terms), then the Company shall in its sole discretion have the right to forfeit/ cancel any Giveaways, Sponsored Giveaways, Virtual Points, vouchers, digital rewards, currencies of the Visitor.
4. LIMITED VISITOR
  1. 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 whatsoever.
  2. The Visitor represents that he shall not use the App or its Services for any illegal purposes as per the Applicable Laws.
5. DISCLAIMER OF WARRANTIES
  1. 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 Platform.
  2. 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 and privacy policy.
  3. 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.
  4. The Visitor’s acceptance of a prize constitutes his authorization to:
    1. have the sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record the Visitor;
    2. 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
    3. 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.
  5. The Company shall not be responsible for the delay or inability to use the Services on the App, 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, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App 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.
  6. 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.
6. LINKS TO OTHER SITES
  1. The App may contain links to other websites or may contain features of any nature of other websites on the App ("Allied Sites"). The Allied Sites are not under the control of nor endorsed by 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.
  2. We recommend Visitor to carefully read the Allied Sites’ terms of services and privacy policies before engaging in any activities in such Allied Sites.
7. USER GENERATED CONTENT
  1. 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”).
  2. 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.
  3. 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.
  4. 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 reviews 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.
  5. 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.
  6. 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 UGC.
  7. 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.
  8. The Visitor acknowledges that the consideration payable to the Visitor under any agreement with Company or otherwise received by the Visitor on the Platform is just and sufficient and is inclusive of the consideration payable to the Visitor to obtain the license to use the User Generated Content as described under the Terms herein, and no additional consideration or royalty will be payable to the Visitor over and above such consideration.
8. PROHIBITED CONDUCT
  1. You may not use the Services for any other purposes, including commercial purposes, without the Company’s express written consent.
  2. 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.
  3. 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:
    1. 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;
    2. post any content that contains falsehoods or misrepresentations that could damage the Services, or the Company, or any third party;
    3. 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; 
    4. post any content that harm minors in any way;
    5. impersonate any person or entity, including, but not limited to, a Company officer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    6. post any content that is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
    7. post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
    8. 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;
    9. post any content that threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
    10. 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;
    11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
    12. exceed Your authorized access to any portion of the Services;
    13. collect or store personal data about anyone;
    14. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services;
    15. exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
    16. 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;
    17. 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 consent;
    18. 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
    19. remove any copyright or other proprietary notices from Services or any of the materials contained therein.
  4. 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.
9. CONTENT REVIEW AND TERMINATION
  1. The Company has the right to:
    1. Take any action with respect to or remove any UGC You provide or contribute to the Platform, for any or no reason at its sole discretion;
    2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
    3. 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;
    4. 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.
    5. 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.
    6. The Company shall assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.
10. VISITOR'S OBLIGATIONS
  1. The Visitor's rights on the Platform are conditioned upon compliance with each of the following:
    1. To utilize the Services provided by the Company, the Visitor must be over the age of 13 or the minimum legal age in their jurisdiction of residence. If the Visitor is under the age of majority in their jurisdiction, they may only utilize the Services with the consent and supervision of their parent or legal guardian. By participating or streaming, the Visitor represents and warrants that their parent or legal guardian has consented to Visitor’s use of the Services and agrees to be bound by these Terms;
    2. 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, unless the Visitor would have obtained prior permission from such user to do so;
    3. the Visitor will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Platform (or any parts thereof);
    4. the Visitor will abide by all copyright notices, information, restrictions contained in or associated with any of the App content;
    5. the Visitor will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Platform;
    6. 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;
    7. 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 Company;
    8. the Visitor will not do anything on the App that would prevent other users' access to or use of the App or any part thereof;
    9. 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.
  2. The Visitor represents and confirms that he is not a person barred from accessing and using the App and availing the Services under the laws of the relevant jurisdiction, as applicable, or other Applicable Laws.
  3. The Visitor acknowledges and agrees that as between the Company and the Visitor, the Company has the necessary licenses and right to operate the Services and the App; and nothing in this Terms shall confer on the Visitor any right of ownership in the Company’s intellectual property rights and/or the App or its contents.
  4. 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.
11. LICENSE AND PROPRIETARY RIGHTS
  1. 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"):
    1. 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
    2. 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.
  2. 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 Laws 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.
  3. 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.
  4. 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 prosecution.
  5. The Visitor acknowledges and agrees that some of the Services such as non-fungible token, animated renders of any item of a similar nature (“Third Party Items”) have been created basis the likeness, work, photograph and/ or other intellectual property rights of certain third parties, and that such intellectual property rights shall at all times be owned by the relevant third parties. Nothing in these Terms shall be deemed to confer upon the Visitor the license to Third Party Items.
12. GAME STREAMING RELATED COMPLAINTS AND REPORTING 13. TAXES
  1. The Visitor shall be responsible and liable for all taxes in connection with any cash payments.
  2. 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.
  3. 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. 
14. CONFIDENTIALITY
  1. The Company and the Visitor hereby agree to keep the data, information and terms of the Account and/ or any other confidential information of each other (whether or not such information is marked as confidential)("Confidential Information") confidential and shall not disclose the same without the consent of the other.
  2. 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.
15. BREACH
  1. 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 App if:
    1. the Visitor is in breach of this Terms of Use and/or the documents it incorporates by reference; and
    2. 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 App.
  2. The Company may at any time in its sole discretion reinstate suspended Visitors. 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.
16.INDEMNIFICATION 17. LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
  1. 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; (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.
  2. The Services provided 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.
  3. 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.
  4. 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.
18. FORCE MAJEURE 19. SEVERABILITY 20. NOTICES
  1. All notices and communications from the Visitor to the Company in relation to the Platform and/or any of the Services (including those 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.
  2. Notice shall be deemed to have been served 48 (forty eight) 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.
21. ENTIRE AGREEMENT 22. COMMUNICATION BETWEEN US
  1. If You wish to contact the Company in writing, or if any condition in the Terms requires You to give the Company notice, You can send an email to support@loco.gg or to such email address that may be communicated to You from time to time. The Company will confirm receipt of this by contacting You in writing by email.
  2. If the Company has to contact You or give You notice in writing, the Company will do so by in-App chat, email, or SMS to the mobile phone number or email address You provided to us in Your request for the App.
23. GOVERNING LAW AND DISPUTE RESOLUTION 24. DECLARATION