Terms Of Services - Lootmogul
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TERMS OF SERVICES

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NEXTGENTM Inc., doing business as Loot Mogul (“Loot Mogul”, “we”, “us”, or “our”), concerning your access to and use of the https://lootmogul.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.


LEGAL COMPLIANCE

You are subject to, and are solely responsible for obeying all laws of the state, province and/or country in which You reside and from which You access the Site, Log-In to the Site or participate in any Skill Challenge. You agree to only participate in the Skill Challenges only after You have determined in good faith that You are following state, local and other governing laws, and regulations.


Participation within the United States of America (U.S.A.)

Cash tournaments currently are disabled in certain countries and some U.S. states (Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee) to comply with local regulations. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Challenges from an unlisted state is legal under any applicable laws or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. Together with our developer partners, we reserve the right (but have no obligation) to monitor the location from which you access Services, and on behalf of our developer partners, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.

You agree to hold Us harmless from any liability such that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in any Skill Challenge or contests arranged and established through the Site or otherwise. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Skill Challenge facilitated nor shall any person affiliated, or claiming affiliation with Us, have authority to make such representations or warranties.


INTELLECTUAL PROPERTY RIGHTS

When You submit any information, Content, feedback or ratings (collectively, “Submissions”), You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use such Submissions and to exercise the related copyright, publicity, and database rights You have in the Submissions, in any media known now or in the future. (We need these rights to host and display Your Submissions.)

You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassembly, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the Site unless We have expressly allowed You to do so. You agree that all proprietary rights, including all trademark, copyright, patent, or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Reporting Infringements or Other Concerns

If You believe that the Site or any software, work or content on the Site infringes any copyright, trademark, patent, trade secret or other intellectual property right, or if You have other material concerns regarding the Site, privacy or the like, You may notify our team by using the contact information: [email protected]


USER JURISDICTIONS

To be eligible to create an Account and become a registered User, You must, at the time of registration:

  1. be at least eighteen (18) years of age or the age of majority in Your Jurisdiction of residence, whichever is greater, at the time of Account creation (please note You must be at least nineteen (19) years of age at time if You are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if You are a legal resident of Massachusetts);
  2. be physically located in your respective jurisdiction (“Jurisdiction”) in which participation in the contests is not prohibited.
  3. not be a person barred from participating in the Contests under the laws of the United States of America; and
  4. at all times abide by these Terms.

We reserve the right to deny access to the Services to anyone at Our sole discretion.

By using the Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete.
  2. you will maintain the accuracy of such information and promptly update such registration information, as necessary.
  3. you have the legal capacity, and you agree to comply with these Terms of Use.
  4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  5. you will not use the Site for any illegal or unauthorized purpose; and
  6. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


USER REGISTRATION

When you create an Account, you will be asked for a legitimate email address that you control and to create a password. After registration, you will be given the opportunity to create a username or accept a username given by the Services. The password and username are needed to participate in the Services. As a registered user, you can update your account settings, including your email address, by logging into your Loot Mogul Account and clicking “Account Settings”. Also, if you forget either your password or username, you can visit the Website or email us for help. Please keep your username and password secret because you are responsible for all activity in your Account. Although we may offer a feature that allows you to “save” or “remember” your password, this feature makes it possible for third parties to access your Account, so please use that feature prudently because such use is at your own risk. We may, in our sole discretion, reject, change, suspend and/or terminate your username if such username is inappropriate, obscene, or otherwise objectionable.


YOUR ACCOUNT

As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your Account nor Winnings nor any Digital Assets are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account in any Loot Mogul enabled game.


PERSONAL LOCATION DATA:

As a part of security and service, we require you to give a permission to collect location information from your device on behalf of our developer partners, If you would like to opt out of having this information collected, you can disable location access to any game with the Loot Mogul SDK through the Settings menu on your mobile device, but as an important terms and condition of the software user we request to provide you a correct personal location to avoid any further disputes with respect to non-disclosure of facts.


PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available.

The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Use the Site to advertise or offer to sell goods and services.
  9. Engage in unauthorized framing of or linking to the Site.
  10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Attempt to impersonate another user or person or use the username of another user.
  14. Sell or otherwise transfer your profile.
  15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  22. Use a buying agent or purchasing agent to make purchases on the Site.
  23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

INFLUENCER AND AFFILIATES

By creating an account on lootmogul, you agree to provide true, accurate, current, and complete information. You agree not to create a lootmogul account using a false identity or providing false information or if you have previously been removed or banned from our lootmogul. You are responsible for maintaining the confidentiality of your lootmogul account information, including your username and password. You are responsible for all activities that occur on or in connection with your lootmogul account and you agree to notify us immediately of any unauthorized access or use of your lootmogul account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your lootmogul account.

Content or technology created on lootmogul for influencer branding such as influencer branded quiz, video, marketing materials etc. will remain rights of lootmogul. We or our licensors own all right, title, and interest in and to: (i) our product and the “look and feel” of our site, including all software, ideas, processes, data, text, media, and other content available on our site (individually, and collectively, content); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, content, and marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of content or use the marks without our prior express written consent.

If you are or may become subject to National College Athletic Association (NCAA) or NBA (National Basketball Association), NFL (National Football League), MLB (Major League Baseball), NHL (National Hockey League), MLS (Major League Soccer) rules and regulations or those of any other association, group, authority or organization, you represent and warrant that you have checked the rules and regulations to verify and confirm that your participation on our site does not or will not affect your current or future eligibility with respect to any such association, group, authority or organization.

Our site allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your lootmogul quiz and marketing materials (collectively, “Influencer Content”). When you upload, submit, store, send, transmit approve, or receive Influencer Content to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes we make so that Influencer Content works better with our Site or otherwise), and to use your Influencer Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Influencer Content may, in lootmogul’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Influencer Content you submit to public areas of our Site. You agree that we may display advertising with or in connection with your Influencer Content. You further acknowledge and agree that lootmogul has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by lootmogul as a result of any such advertising).

For each influencer lootmogul quiz, you hereby grant to the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the influencer lootmogul quiz with your social media profile, mention and tagging, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).

You and lootmogul agree and declare you and lootmogul are in a direct business relationship and the relationship between the parties, including these Terms, is solely an independent contractor relationship. It is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of lootmogul, and will not represent yourself as such. As an independent contractor using our platform to provide marketing, artistic, writing, and photography services to Users, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms and you acknowledge and agree that we do not control those elements of your performance. You also retain the option to accept, decline, or ignore any User request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business.

You represent and warrant that as between lootmogul and you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for Social Security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Site under these Terms.

You will use your own equipment to perform your obligations under these Terms.

You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.

Your relationship with lootmogul is non-exclusive, meaning that you may provide similar services to third parties, including lootmogul’s competitors, and you may engage in other business or employment activities. Similarly, we can and do engage third parties to provide services similar to those that you may provide under these Terms.

You may cancel your site account at any time by contacting [email protected]. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion.

You acknowledge and agree that the loot mogul will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Site.

Our site and social media channels may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website.


USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of your contributions have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Site.


CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.


GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.


MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.


Apple and Android Devices

The following terms apply when you use a mobile application obtained from either our website, Apple Store or Google Play store (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.


SOCIAL NETWORKING DISCLAIMER

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.


SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.


ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements, video advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.


SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


COMPLAINT AND DISPUTE RESOLUTION PROCESS

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action or other controversy between you and us concerning these Terms, the Services or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested.

You must send any Notice of Dispute by U.S. Mail to 3301 Ocean Park Blvd, #205 Santa Monica, CA-90405. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration. You may also litigate any Dispute in small claims court in your county of residence or Santa Monica, California, if the Dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether you negotiated informally first.


BINDING ARBITRATION

If you and we do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.


CLASS ACTION WAIVER

To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.


ARBITRATION PROCEDURE

If you are located within the United States, Canada, the United Kingdom or the European Union, or any of their territories, then any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in Santa Monica, California, USA. You may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. If you are located in a country other than listed above, then arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope admissible under applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental, or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.


CLAIMS OR DISPUTES

Claims or Disputes must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute is not filed within one year, it is permanently barred.


EQUITABLE RELIEF

You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.


LANGUAGE OF THE TERMS

If we provide a translated version of these Terms, the User Terms of Service, the Developer Terms and Conditions of Service, the Affiliate Program Terms of Service, the Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.


INDEMNIFICATION

By entering the contest and accessing the Loot Mogul services provider therein, User agree to fully indemnify, defend and hold harmless the, employees, partners, associates and licensors from and against all claims, demands, liabilities, damages, losses, cost and expenses including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of ;

  1. Your breach or alleged breach of terms of this contract/agreement in whole or in part with and other rules and regulations in relation to Loot Mogul Services, including provision of incorrect address or other personal details.
  2. In connection with any fraudulent behaviour or alleged fraudulent behaviour with which you were involved in connection with Loot Mogul.
  3. Use by any other person accessing Loot Mogul using your Login credential whether with your authorisation
  4. Your violation of Applicable Laws; and/or (iv) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.‍

DISCLAIMER

NextGenTM Inc. is the owner of, and reserves all rights to the assets, content, services, information, and products and graphics in the website except any third party content.

It must be noted, that all the information, content, services, products, links, and graphics available on this website are solely owned by LootMogul.com. LootMogul.com is the official user and holder of all the exclusive rights to this content. However, the website does not provide any assurance about the correctness of the content on this site and there must be no claim by parties accusing breach of rights by the function or information of the site.

No assurance is made of the salability or accuracy of any content or function on the website by the owner of the website. Also, we make no claim to its users that the site would be available at all times without any interruption nor does it guarantee the non-disruptive, continuous working of the site at all times.
NextGenTM Inc. refuses to acknowledge or represent the accuracy or completeness or reliability or adequacy of the website’s third-party content. These content, materials, information, services, and products in this website, including text, graphics, and links, are provided “AS IS” and without warranties of any kind, whether expressed or implied.

NextGenTM is in no way responsible for any content of any linked site or any link contained in a linked site.

While LootMogul.com has taken all the necessary measures to ensure the smooth working of the website devoid of any impact by viruses and other such components, but, at the same time, we do not assure that the website shall stay virus-free at all times. Also, we take no responsibility for offensive malicious codes, disabling codes, Trojans, or any other virus that the user may fall prey to in the course of the use of the website. Use of the services of this website is at the user’s own risk and NextGenTM shall not be responsible for any costs of servicing, repair, or correction of their systems.

We take no responsibility for any repair, servicing, or rectification in case users log on to the website and encounter any problem caused to their system due to any malicious component launched by a third party, as in hacking by hackers.

All advertisement launched on the website does not represent or endorse the view of the website. Users viewing these advertisements and responding to them by buying the product or services do so at their own risk.

All product names, logos, and brands are the property of their respective owners/firms. All company(s), product(s), and service names used in this website, app are for identification purposes only. The use of these names, logos, and brands does not imply an endorsement or any tie-ups. All other trademarks cited herein are the property of their respective owners.‍


LIMITATION OF LIABILITY

Neither Loot Mogul nor the NEXTGENTM Inc. guarantee the continuous, uninterrupted, or secure access to the services or any aspect thereof. The operation of the services may be interfered with by numerous factors outside the control of Loot Mogul or NEXTGENTM Inc. You understand and agree that neither Loot Mogul or NEXTGENTM Inc. shall be liable to users for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of income, loss of direct or indirect profits, loss of goodwill, loss of data, loss of contract, any loss of money, any loss or damages arising from or connected in any way to business interruption, loss of use, or other intangible losses, whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Loot Mogul or NEXTGENT< Inc had been advised of the possibility of such damages), resulting from: (1) The use or the inability to use the services; (2) Unauthorized access to or alteration of user transmissions or data; (3) Opinions, views, advice, statements, or user contributions posted on or through the services; or (4) Any other matter relating to the services. You understand and agree that neither Loot Mogul not NEXTGENTM Inc. shall be liable to users for any loss or damages due to viruses that may infect users computer equipment, mobile handset, tablet, software, data or other property resulting from users use of the services. Notwithstanding anything to the contrary contained herein and regardless of the form of the action, Loot Mogul’s liability to users for any cause whatsoever will at all times be limited to the amount paid, if any, any such user to Loot Mogul for the use of services during the term of their registration, not including any entry fees for contests completed prior to the circumstances giving rise to the claim.

In the event that a user resides in a jurisdiction that does not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages some of the limitations above may not apply to such user.


PAYMENT TERMS

In respect of any transactions entered on the Loot Mogul platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:

  1. The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee (when applicable) for access to the Loot Mogul Services charged by Loot Mogul and predetermined participant’s contribution towards prize money pool.
  2. Subject to these Terms and Conditions, all amounts collected from the User are held, until determination of the Winners and distribution of prizes. Loot Mogul receives only its share of the platform Fees, subject to applicability. All deposits and payments are final and no refunds are allowed. Only winning amounts can be withdrawn. This includes, but not limited to, quiz tournament entry fee and booking a session with the influencers.
  3. The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Loot Mogul has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s Wallet balance.
  4. Any user availing Loot Mogul services are provided with a Cash Wallet with three categories of accounts for the processing and reconciliation of payments: (i) Deposit Cash (ii) Winnings Cash (iii)Bonus Cash. It is clarified that the transfer of any amounts in the User’s accounts to any other category of account held by the user is dis-allowed. User’s winnings in any Contest will reflect in Winning /Bonus Cash of the User’s wallet based on the contest.
  5. Each time a User participates in any contest on Loot Mogul platform, the pre-designated cash/points shall be debited from the User’s account.
  6. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s Wallet i.e. Deposit cash Account and will be available for use in participation in any match(s) or Contest(s) in accordance with these Terms and Conditions.
  7. Debits from the Deposit cash Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the Deposit cash Account, and accordingly amounts credited into the Deposit cash Account earlier in time shall be debited first.
  8. A User shall be permitted to withdraw any amounts credited into such a User’s ‘Winning’ Account for any reason. However the minimum amount allowed for withdrawal will be $ 5 (Five dollars). The same will be done within 14 working days. All amounts credited into a User’s ‘Deposit cash Account must be utilised within 90 days of credit. In case any unutilised amount lies in the Deposit cash Account after the completion of 90 days from the date of credit of such amount, Loot Mogul reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address for Loot Mogul to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of registration on Loot Mogul, as well as the name and address existing in the records of the User’s bank account as provided to Loot Mogul. In the event that no bank account has been registered by the User against such User’s account with Loot Mogul, or the User has not verified his/her User account with Loot Mogul, to its satisfaction and in accordance with these Terms and Conditions, Loot Mogul shall provide such User with a notification to the User’s email address as on record with Loot Mogul at least 30 days prior to the Request Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Request date, Loot Mogul shall be entitled to forfeit any amounts subject to transfer. Failure to provide Loot Mogul with a valid bank account or valid identification documents (to Loot Mogul ‘s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
  9. Withdrawal of any amount standing to the User’s credit in the Winnings cash Account may be made by way of a request to Loot Mogul but the amount will be forfeit upon completion of 90 days from the date of credit of such amount in the User’s Winnings Account or upon completion of 90 days of in-activity.
  10. Users agree that once they confirm a transaction on Loot Mogul, they shall be bound by and make payment for that transaction.
  11. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Loot Mogul has on third parties, any transactions on Loot Mogul Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s Deposit cash Account or Winnings cash Account may take up to 24 hours to reflect in the User’s Deposit cash Account or Winnings cash Account balance. Users agree not to raise any complaint or claim against Loot Mogul in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting a transaction amount into any of the User’s accounts.
  12. A transaction, once confirmed, is final and no cancellation is permissible. Loot Mogul may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charge. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
  13. In order to conduct promotional activities, Loot Mogul may gratuitously issue Bonus points (Called as Bonus cash) to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Bonus cash . The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by Loot Mogul and notified to the User at the time of issue of such amount. The issue of any points (Bonus Cash) to the user is subject to the sole discretion of Loot Mogul and cannot be demanded by any User as a matter of right. The issue of any such amount by Loot Mogul on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by Loot Mogul to such User. The bonus points(Bonus cash) granted to the user may be used by such User for the purpose of setting off against the contribution to the prize pool in any Contest, in accordance with these Terms and Conditions. The bonus cash shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with Loot Mogul or such account if terminated by Loot Mogul, all bonus points(Bonus cash) granted to the user shall return to Loot Mogul and the User shall not have any right or interest on such points.
  14. Loot Mogul may, at its sole and absolute discretion, offer discounts/bonuses/points to its Users in such form as it deems fit in its sole discretion (“Bonus Cash”). All such discounts/bonuses/points shall be credited in a separate account called as “Bonus Cash Account” and can be used within the Platform, subject to the terms governing the usage of such Cash Bonus. Such bonus amount cannot be withdrawn. It will expire if not used for 90 days from issue
  15. Loot Mogul may, at its sole and absolute discretion, allow users to buy gift cards against Bonus cash/winning cash accounts. Loot Mogul has rights to withdraw this facility with/without any intimation to users.
  16. Loot Mogul makes payment to affiliates and influencers on NET 30 days terms. Any credit card disputes by a follower or a gamer will impact influencer’s NET earnings.
  17. Any cash bonus match by LootMogul cannot be withdrawn and can be used only to play qualified tournaments.
  18. Withdrawing your winning and converting them to BITCOIN.
    1. To withdraw funds from his/her verified account, the Client shall submit a withdrawal request
      from his/her personal profile. In order to fill in the withdrawal request properly, the Client shall
      choose one of the withdrawal methods shown in the list and specify all the necessary details.
    2. Any player can withdraw winning from the cash games from LootMogul.com wallet. Withdrawal
      can be in form of direct bank transfer or request for Bitcoin token.
    3. You are permitted to withdraw Funds held in this account, provided such Funds can only be
      transferred to another digital asset wallet (“External Wallet”). You may be required to verify that
      you own and operate the External Wallet before your withdrawal request is accepted.
    4. You are permitted to withdraw Funds held in this account, provided such Funds can only be
      transferred to another digital asset wallet (“External Wallet”). You may be required to verify that
      you own and operate the External Wallet before your withdrawal request is accepted.

      1. Fraud;
      2. Money laundering;
      3. Unfair usage of the Company’s General Fees Policy and the Terms of the Agreement;
      4. other activities by the Client which may indicate breach of provisions of the Agreement
        and/or the applicable law;
      5. For the purpose of the risk assessment, the Company shall be entitled to block the account
        immediately (without giving prior notice) and to request from the Client additional
        supporting documents as it may deem necessary.
    5. In case if any player request’s for withdrawing his/her winning amount / token withdrawals to
      be converted into BITCOIN, the same will be processed through the legal crypto trading platform
      to convert your winning withdrawal amount request into Bitcoin. However, all the third party
      platform service or commission charges will be applicable and will be deducted from your
      withdrawal requested amount.
    6. For converting winning amount to Bitcoin player must provide legal KYC approved crypto trading
      account where the Bitcoin can be transferred to.
    7. AT the instance of transfer i.e. converting winning amount to Bitcoin whatever trading or Bitcoin
      rates are applicable at that point will imply, however management or Lootmogul.com does not
      have any control on those rates.

STANDARD TERMS AND CONDITIONS “INVITE FRIENDS” PROGRAM

The Loot Mogul Invite Friends Program lets you invite friends to join Loot Mogul (“Program”). In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend can earn a Bonus Cash from Loot Mogul, which Bonus Amount will be redeemable to join cash contests and contests through the Loot Mogul mobile application for the iOS and/or Android mobile devices (” . LootMogul Application”). To participate in the Program, please note our terms and conditions (“Terms”) in this respect, as they govern your participation in the Program. By participating in the Program, you agree to and accept these Terms.

  1. Participation in the Program is voluntary. A user shall not register or operate more than one user account with Loot Mogul and shall not participate in the Program with more than one user account with Loot Mogul.
  2. For the purpose of participation in the Program, you are required to have the Loot Mogul Application downloaded and installed on your mobile device. Through the Loot Mogul Application, you will be provided with a unique link or code, which can be shared by you (“Inviter”) with friends (each an “Invitee”) for the purpose of inviting such friends to create and register an account with Loot Mogul and download the Loot Mogul Application. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to register an account with Loot Mogul to download and install the Loot Mogul Application on his/her device; or (ii) download and install the Loot Mogul Application on his/her device independently, register for a Loot Mogul account through the Loot Mogul Application and enter the unique code shared by the Inviter.
  3. The Inviter and the Invitee will be eligible to earn the Bonus cash subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of Loot Mogul and (ii) the Invitee successfully registering for an account with Loot Mogul through the unique link or by using the unique code shared by the Inviter; and (iii) the Inviter and Invitee verifying the Inviter’s and the Invitee’s respective mobile number as provided at the time of registration within thirty (30) days from the date on which Invitee registers for an account with Loot Mogul (“Verification Period”). For the purposes of these Terms, an ‘existing user of Loot Mogul shall mean a user who presently operates an account with the Platform or operated an account with the Platform at any point of time.
  4. An Invitee who is an existing user of Loot Mogul is not permitted to register a new account with the Platform for the purpose of availing of the Bonus cash amount. Loot Mogul will determine in its sole discretion whether an Invitee is an existing user of Loot Mogul or not and take appropriate action.
  5. The verification process may require an Inviter/Invitee to submit personal information about the user (Inviter/Invitee) and documents identifying the Inviter/Invitee. The Inviter agrees to receive communication from Loot Mogul and to allow Loot Mogul to communicate with Invitees referred by you about the Inviter’s participation in the Program. Any information collected in respect of the Inviter/Invitee as part of the Program or otherwise in the course of such person’s use of the Website shall be subject to Loot Mogul’s Privacy Policy .
  6. The verification of an Inviter/Invitee shall be completed at the time of first withdrawal by the Inviter/Invitee from the Inviter’s/Invitee’s Winning cash account with the Platform. An Inviter/Invitee may voluntarily seek verification of the Inviter/Invitee by clicking on the ‘Verify Now’ tab of the Wallet Balance page of the Inviter/Invitee’s account with the Platform. In the event that the Invitee opts to register for a Loot Mogul account through the Loot Mogul Application, the Invitee can verify his/her contact information at the time of registration.
  7. The deposit of the Bonus cash Amount shall be at the sole discretion of Loot Mogul and shall be subject to the Inviter’s/Invitee’s compliance with these Terms. Loot Mogul may substitute or change the Bonus cash Amount offered under the Program at any time without notice. An Inviter/Invitee may not substitute the amount of Bonus cash Amount or substitute offering for other items or exchange for cash. Bonus cash provided by LootMogul cannot be withdrawn under any circumstances.
  8. Loot Mogul reserves the right to:
    1. withhold the deposit of the Bonus cash Amount; and/or
    2. forfeit any deposited Bonus cash Amount to an Inviter/Invitee or any prizes/winnings earned by participant by using such Bonus cash Amount
  9. Mere participation in the Program does not entitle the Inviter/Invitee to receive any Bonus cash amount.
  10. Loot Mogul may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise).
  11. The decision of Loot Mogul will be final and binding regarding the Program, and the deposit of the Bonus cash Amount and no correspondence, objection, complaints, etc. will be entertained in this regard.
  12. This Program cannot be clubbed with any other contests/promotions/programs that are running simultaneously and organised or conducted by Loot Mogul.
  13. Loot Mogul reserves the right to change/modify/or withdraw the Program and/or change these terms and conditions without any prior notice of the same at its sole discretion.
  14. The Terms and Conditions, as applicable to the Loot Mogul’s fantasy games and services, will apply to and govern the Program.
  15. Loot Mogul does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Program.‍

Refer A Friend

The LootMogul Refer A Friend Program (Referral Program) allows you to receive a bonus from LootMogul for referring prospective new Members to sign up for a LootMogul Account.

Below are the terms and conditions (the “Terms and Conditions”), applicable to the Referral Program. Please read them carefully. By referring a friend to the Referral Program, you will be deemed to have accepted and be bound by these Terms and Conditions.

The LootMogul Account Terms of Use, as amended from time to time, are incorporated into and form part of these Terms and Conditions and shall apply to you. In the event of any inconsistency between any of the provisions of the LootMogul Account Terms of Use and these Terms and Conditions, to the extent of the inconsistency, these Terms and Conditions will prevail.

1. Eligibility Criteria
1.1. In order to participate in the LootMogul Referral Program, you must:

  1. have an active LootMogul Account;
  2. not use your LootMogul Account for commercial purposes.
  3. not be an employee or an immediate family member of an employee of any company in the Paysafe group.
  4. not be a service provider or a direct family member of a service provider of any company of NextGenTM Inc.
  5. be at least 18+ years of age.
  6. Reside in US

2. Referred Members:
2.1. For the purposes of the Referral Program, a “Referred Member” means any Member:

  1. You refer to LootMogul using the referral link shown in your LootMogul Account (the “Referral Link”); and
  2. successfully completes an Eligible Transaction.

3. Prohibited activities
3.1. You shall not, and shall ensure that Referred Members do not perform any of the following activities:

  1. Create or operate multiple Member Accounts without the prior written consent of LootMogul.
  2. Make, in the reasonable discretion of LootMogul, fake and/or artificial deposits with LootMogul merchants or other Members for the sole purpose of generating Bonus.
  3. Register a Member Account on behalf of another person.
  4. Publish the Referral Link on any websites, social media or other marketing materials.
  5. Offer incentives or rewards to prospective Members to encourage them to apply for a LootMogul Account.
  6. Create or employ any mechanism designed to artificially or automatically generate LootMogul Account sign-ups.
  7. Register a LootMogul Account using counterfeit, forged, imitated, stolen or otherwise altered identification documents.
  8. Artificially attempt to generate any Referred Members by use of deception or misrepresentation;
  9. Commit, or collude with others to commit, fraudulent activity;
  10. Make transactions that have no commercial purpose or are not for the personal benefit of the LootMogul Account holder

4. Bonus
4.1. In consideration for each Referred Member you introduce, as confirmed by LootMogul in accordance with these Terms and Conditions, LootMogul will pay you a bonus as following

  • For each player signup/register to whom you have referred you as well as referred player earns $1 Bonus Cash.
  • For each player to whom you have referred after signup if he/she on first deposit’s minimum of $5 (as per Deposit – Terms of Services), the referee (you) will get $2 towards each of your referred player first deposit.
  • If any of your referred player who has signed up, deposited and thereafter plays 10 cash games (irrespective of denomination), you as referee are eligible to earn $3.

Note: All the amount earn in referral program will be part of BONUS wallet.

4.2. LootMogul will stop paying bonus in respect of each Referred Member at the earlier of: (a) when the Bonus payments in respect of that Referred Member reach 100 USD; or (b) 1 year after the Referred Member registers for a LootMogul Account.
4.3. LootMogul shall not be responsible for any taxes, duties, assessments, fines or levies or other amounts payable by you to any governmental or regulatory authority arising out of your participation in the Referral Program. You are responsible for reporting any taxes owed in relation to revenues earned through the Program.
4.4. LootMogul reserves the right to change the applicable bonus rate or its percentage cap or total cap. LootMogul reserves the right to end the Referral Program at any time in its sole discretion
4.5. For the avoidance of doubt, transactions on your own Member Account will be excluded from the calculation of Bonus.
4.6. LootMogul shall also in its sole discretion have the right to withhold the whole or part of any payment of Bonus where it reasonably suspects or knows that any of the prohibited activities referred to in section 3 above has taken place.
4.8. For the purpose of calculating Bonus, LootMogul reserve the right to disregard all Eligible Transactions that we, in our sole but reasonable discretion, deem an abuse of the Referral Program, including but not limited to:
(a) Transactions that are prohibited under section 3 of these Terms and Conditions; or

5. Termination
5.1. LootMogul reserves the right to end the Referral Program at any time in its sole discretion without giving written notice or intimation to registered LootMogul registered players.
5.2. In the event LootMogul ends the promotion of these Terms and Conditions, LootMogul shall continue paying Bonus in respect of your existing Referred Members until our liability to pay Bonus has expired in accordance with section 4.2 of these Terms and Conditions.
5.3. LootMogul may immediately terminate your participation in the Referral Program in the following circumstances:
(a) You commit a material breach of these Terms and Conditions or the LootMogul Account Terms of Use;
(b) LootMogul in its sole but reasonable discretion believes you or one of your Referred Members has conducted a prohibited activity as set out in section 3 of these Terms and Conditions.
(c) Any fraud referral activity(ies) or misuse of referral programs, fund transfer from referral programs etc.
5.4. If LootMogul terminates your participation in the Referral Program, LootMogul shall stop paying Bonus to you immediately upon termination as well as any Bonus released prior under this and/or any other offers, promotion can possibly be terminated or made expired without player knowledge or intimation.


Bonus Program Terms & Conditions
  1. As part of its Business Promotion strategy, LOOTMOGUL may run a Bonus Cash Promotion which is a Cash Discount Program whereby the User is allowed to accumulate cash discount eligibility points (referred to as ‘Bonus Cash’) in a separate wallet referred to as ‘Bonus Wallet’.
  2. Such Bonus Cash is granted as per various business promotion strategies that may be run by LOOTMOGUL from time to time.
  3. The Bonus Cash is subject to control by LOOTMOGUL and the Company is free to put such restrictions on its availability, utilization, inherent discount benefits, time validity, etc. as it may decided from time to time.
  4. LOOTMOGUL may allow upfront Cash Discount from the Platform Fee in lieu of the accumulated Bonus Cash in accordance with the conversion ratio as the Company may be decided from time to time for each Contest.
  5. The Bonus Amount (if any) deposited into the user’s account can be used to join cash contests and contests on LOOTMOGUL. However, the Bonus Amount (if any) cannot be:  withdrawn or transferred to any other cash balance account held by you with LOOTMOGUL or to any third party account or to any bank/payment instrument account. THE BONUS AMOUNT (IF ANY) SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT (IF ANY).
  6. The deposit of the Bonus Amount (if applicable) or the grant of the free-entry (if any) shall be at the sole discretion of LOOTMOGUL team and shall be subject to the user’s compliance with these Standard Terms and the applicable Promotion Terms. LOOTMOGUL may substitute or change the Bonus Amount(if any) or free-entry (if any) offered under a Promotion at any time without notice. Users may not substitute Bonus Amount (if any) or free-entry (if any) for other items or exchange for cash.
  7. LOOTMOGUL reserves the right to withhold or forfeit the benefits of a Promotion (including a free-entry or Bonus Amount due to a participant or any prizes/winnings earned by the participant by using such benefits) in the event that it determines or reasonably believes that the participating user has violated these Standard Terms, the applicable Promotion Terms or the terms and conditions of the LOOTMOGUL game(s).
  8. Mere participation in a Promotion does not entitle the participant to receive any free-entry or Bonus Amount(s) indicated as a prize under such Promotion
  9. Sign-up Deposit Bonus Offer

This “Sign-up Deposit Bonus Offer” (“Promotion”), is open to all new users of LOOTMOGUL who register (“Qualifying Users”). Under this Promotion, Qualifying Users who make their ‘first’ deposit as a Qualifying Deposit (as defined below) during the Promotion Period will be eligible to receive a cash bonus amount (“Bonus Amount“), in accordance with, and subject to the users’ full compliance with these Terms (defined below).

Please note our terms and conditions (“Terms“) in this respect, as they govern your participation in the Promotion:

  1. Eligibility – Participation in the Promotion is only available to newly registered users of LOOTMOGUL who have never deposited money and who are eligible to participate in the pay-to-play LOOTMOGUL contests as per LOOTMOGUL’s terms and conditions
  2. By participating in this Promotion, you agree to comply with these Terms, the Standard Terms and Conditions for Promotions and the terms and conditions of the LOOTMOGUL game
  3. To participate in the Promotion, you must make your first deposit of the amounts into your LOOTMOGUL account during the Promotion Period to be eligible to receive the Bonus Amount corresponding to the Qualifying Deposit made by a user, in accordance.
  4. Please note that only the first Qualifying Deposits made by a user during the Promotion Period shall be considered for the purpose of determining whether a user is eligible to receive the Bonus Amount.
  5. Subject to users’ compliance with these Terms, the Cash Bonus Amount will be credited into your Cash Bonus Account within 24 hours of your qualifying deposit
  6. The maximum Bonus Amount that can be credited to users’ Cash Bonus Account pursuant to this Promotion is US$5 and maximum amount towards Bonus may wary from time to time, depending upon the offers from LOOTMOGUL.
  7. Unutilized Cash Bonus will expire in 30 days from the date that it has been credited.
  8. In case of any breach or violation by the User of these Terms, LOOTMOGUL will not be obligated to refund any Platform Fee already paid in respect of any Contests, and any Prizes (as defined herein) due to such User and any bonus amounts credited to such User shall stand automatically forfeited. The User’s account balance standing to the credit of such User, excluding any accumulated Prizes, shall be applied against losses and damages suffered or assessed by Us as arising out of Your breach or violation of these Terms, and any amount remaining (if any) shall be returned to such User.
  9. Bonuses (except Bring a Friend bonus) and promotional winnings are subject to withdrawal restrictions and can only be withdrawn on fulfilling some preconditions, one of which is that you have made at least one cash deposit on the Portal and thereafter played at least one Cash Game.
  10. For contests with any entry fee, 10% of the total entry fee is utilized from the available cash bonus balance in your LOOTMOGUL account. Subject to that contest if configured to join with Cash Amount + Bonus and/or only Bonus. For e.g. If a match entry fee is $10, the first 10%, or $1, will be deducted from your Cash Bonus if the cash bonus in your LOOTMOGUL account has bonus balance. And remaining amount will be deducted from cash wallet.

While using cash bonus, please remember:

  1. Cash bonus is used only to join certain contests which permits to join with Cash bonus.
  2. You can use cash bonus to join cash contests only if you’ve deposited cash in your LOOTMOGUL account.
  3. You can use a maximum cash bonus of $10 in one contest.

SPECIAL PROMOTIONAL CASH BONUS EVENTS

SuperBowl 2021 $2k giveaway event

Event Date: February 1st 2021 through February 7th 2021.

Event Prizes: Cash bonus amount (“Bonus Amount“) as follows, see Bonus Program Terms & Conditions for details.
1st Prize (2000) – To qualify, user must play with the new deposit of $1000, plus be the leading points scorer on the leaderboard.
2nd Prize (500) – To qualify, user must play with the new deposit of $250, plus be the top three leading points scorer on the leaderboard.
3rd Prize (250) – To qualify, user must play with the new deposit of $125, plus be the top five leading points scorer on the leaderboard.

Maximum one prize per person.

All Star Basketball 2021 $2k giveaway event

Event Date: February 7th 2021 through February 15th 2021.

Event Prizes: Cash bonus amount (“Bonus Amount“) as follows, see Bonus Program Terms & Conditions for details.
1st Prize (2000) – To qualify, user must play with the new deposit of $1000, plus be the leading points scorer on the leaderboard.
2nd Prize (500) – To qualify, user must play with the new deposit of $250, plus be the top three leading points scorer on the leaderboard.
3rd Prize (250) – To qualify, user must play with the new deposit of $125, plus be the top five leading points scorer on the leaderboard.

Maximum one prize per person.

CALIFORNIA CONSUMER NOTICE

As required by California Code Section 1789.3, this notice is to advise Users that (i) the Services are provided by NEXTGENTM Inc., at 3301 Ocean Park Blvd, #205 Santa Monica, CA – 90405, and that (ii) a fee may be charged for certain offerings, including, without limitation, in connection with Services. Loot Mogul reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Services or desire further information on use of the Services, please contact the Customer Support Team via [email protected]


TERMINATION

User access to the Platform may be terminated if:

  1. User voluntarily uninstalls the Platform from his/her device;
  2. User knowingly or unknowingly causes direct or indirect breach, as ascertained by Loot Mogul, of these Terms of Use or Privacy Policy or any other specific terms and conditions as specified by Loot Mogul, as a whole or in part; or
  3. User does not make necessary payments, if any, for a particular Service on the Platform. Loot Mogul may have to terminate User access of the Platform if Loot Mogul is required to do so under applicable laws.
  4. The third-party service provider, if any, with whom the Services were offered on the Platform, has terminated its relationship with Loot Mogul or has ceased to offer the related services to Loot Mogul or the User;
  5. Loot Mogul discontinues to provide the Services on the Platform to the User due to lack of commercial viability or feasibility or any other reason; or

Loot Mogul may terminate these Terms of Use in respect of any User at any time, with or without notice and may disable such User access to the Platform and/or bar the User from any future use of the Platform.

Upon termination as above, all of the legal rights, obligations and liabilities that a User and Loot Mogul have benefited from, been subject to (or which have accrued over time whilst these Terms of Use have been in force) or which are expressed to continue indefinitely or are surviving in nature, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.


SUMMARY TERMS

1. ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED ABOVE . TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

2. Changes to the Terms. We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website at (“LootMogul.com”) of any material changes, and you can see when these Terms were last revised by referring to the “Updated” legend above. Your continued participation in Competitions and/or use of Software or Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.

3. Eligibility. You may not modify these Terms except in writing signed by both you and NextGenTM. For purposes of these Terms, “writing” does not mean an email nor an electronic/facsimile signature.
3.1. United States (U.S.). To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with NextGenTM; (c) be physically located within the U.S. when accessing your Account and participating in Competitions; (d) be physically located within a U.S. state in which participation in the Competition you select is unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we, as agent for our developer partners, may suspend or close your Account with or without notice.
3.2. Non-U.S. To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with NextGenTM; (c) be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any time, we, on behalf of our developer partners, may suspend or close your Account with or without notice.

4. Your Account. As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your Account nor Winnings nor any Digital Assets are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account in any NextGenTM enabled game.

5. Personal Location Data: As a part of this service, on behalf of our developer partners and state legal compliance requirements, we collect location information from your device.


LEGAL DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OFFERED BY OUR DEVELOPER PARTNERS OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.


NON AFFILIATION NOTIFICATION

LootMogul is NOT AFFILIATED, AUTHORIZED, LICENSED OR ENDORSED by NBA (National Basketball Association), NFL (National Football League), MLB (Major League Baseball), NHL (National Hockey League), MLS (Major League Soccer), NCAA (National College Athletic Association) or any other professional and amateur organization.

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