Terms & Conditions
Please read the following terms and conditions very carefully as your use of services is subject to your acceptance of and compliance with the terms and conditions (thereafter the “Terms”) as well as the User Rules:
1.1 Play Contest currently offers eSports, mobile online contest and entertainment services.
1.2 By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms and conditions set out herein, regardless of how you subscribed to or use the services.
1.3 Without limiting the above, we may ask you to accept any or all of the Terms when you first subscribe to or use a service.
1.4 If you do not want to be bound by the Terms, you must not subscribe to or use our services.
2.1 The singular includes the plural and vice versa
2.2 Hyperlinks which are not operational, will not in any way detract from the validity and interpretation of the Terms
2.3 Account means your subscription account for use of our Service
2.4 Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and applications
2.6 Service or Services means any content, product, software, downloads, mobile app, website or other service which we may provide from time to time including (without limitation) the services described in these Terms; access to resources, provision of communications tools, forums, shopping services, search services, personalized content and branded programming
2.7 Service Charges means our charges for Services as determined by us from time to time.
2.8 Play Contest means the mobile application, which is owned and operated by Twist Mobile India Pvt. Ltd (“Company”), including any page, part or element thereof, which is located at http://www.twistmobile.in
2.9 Subscribe means your act of subscribing to a Service in any way including (without limitation) in writing, through the Internet or by telephone, and subscription has a corresponding meaning
2.10 Terms means the terms and conditions set out herein and includes the Additional Terms described in clause 4 below
2.11 Third Party Service means any service or content, whether related or similar to our Services, which is provided by us in collaboration with a third party; or which is provided to us by a third party to enable us to provide the Services; or which may be used by you in conjunction with our Services
2.12 Use includes (without limitation) accessing, retrieving, downloading, logging on to, contributing to, or viewing a Service, and user has a corresponding meaning
2.13 User ID means any username, password, number or email address allocated to you or created by you when subscribing to or using our Services
2.14 User Rules means our user rules set out in clause 28 below
2.15 We, us and our means Play Contest of Twist Mobile India Pvt. Ltd. (and, unless the context indicates otherwise, its owners, employees, suppliers, Internet Service providers, agents and affiliates); and
2.16 You means the user and subscriber to this Service.
3. Changes to Terms and Service Charges
3.1 We may change any or all of the Terms including (without limitation) the Service Charges at any time without notice to you.
3.2 Any changes will become effective when we publish them on the relevant websites or publishers.
3.3 You agree to check this website and the Terms regularly for changes.
3.4 By continuing to use our Services after we make the changes, you agree to be bound by the changed Terms.
3.5 If you do not accept the changed Terms, you must stop subscribing to the Service as provided for in clause 6 below, or stop using the Service.
4. Additional Terms
4.1 Some of ourmobile apps may contain additional rules, guidelines or terms (hereafter “Additional Terms”).
4.2 By subscribing to or using our Services relating to those mobile apps, you agree to be bound by, and comply with those Additional Terms.
5.1 You are bound by the Terms
5.1.1 from the earlier of the date on which you
188.8.131.52 accept the Terms
184.108.40.206 subscribe to a Service; or
220.127.116.11 start using a Service; and
5.1.2 for as long as you subscribe to or use a Service.
5.2 If you have subscribed to a Service for a fixed term, the Terms will automatically continue to apply after the term has ended if you continue to use the Service after the expiry of the fixed term.
6.1 If you enter into an agreement with us for the use of a Service for a fixed term, you may not terminate that agreement before the end of the fixed term and any amounts paid by you shall not be refunded.
6.2 If you do not subscribe to or use a Service for a fixed term, but you regularly make recurring payments under an agreement entered into with us, you may terminate the agreement relating to any individual Service by 30 (thirty) days’ written notice to us at email@example.com or at the address posted on our Site.
6.3 Such notice will take effect on the first day of the month immediately following the end of the 30 (thirty) day notice period.
6.4 In all other cases, you may terminate this agreement by terminating your use of the Service.
6.5 The termination of the agreement will not affect any of our rights that:
6.5.1 arose before termination; or
6.5.2 by their nature survive termination.
6.6 We reserve the right to stop or suspend your Subscription should your Account become inactive. We will notify you of such intended action at your secondary email address, if available. Should we terminate your account on this basis, the email address associated with your Account may be given to another Subscriber.
7. Provision of Services
7.1.1 We will always endeavour to provide the Services to the best of our ability.
7.1.2 You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.
7.1.3 Under these circumstances then, we:
18.104.22.168 provide all Services “as is” and “as available”; and
22.214.171.124 do not warrant or guarantee that any Service:
126.96.36.199.1 is free of errors or interruptions and will conform with your timelines;
188.8.131.52.2 is always available and reliable;
184.108.40.206.3 is secure; although we take appropriate security measures against unauthorized access to or unauthorized alteration, disclosure or destruction of data;
220.127.116.11.4 is fit for any purpose; or
18.104.22.168.5 does not infringe any third party rights.
7.1.4 You furthermore acknowledge and accept that we may not encrypt any Content or communications from and to our Site, and that we also do not provide digital authentication of any page on the Site.
7.2 Content and advertisements provided as part of a Service
7.2.1 You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use.
7.2.2 We may periodically send promotional email to you about services offered by our advertisers and ourselves.
7.2.3 Where we publish or provide Content or advertisements as part of a Service:
22.214.171.124 we do not:
126.96.36.199.1 warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or
188.8.131.52.2 endorse the Content or advertisements; and
184.108.40.206 you will obtain independent professional advice at your own cost before you take any action based upon such Content or advertisements.
7.2.4 Your correspondence or dealings with, or participation in promotions of advertisers through the Service, and any other terms, conditions, warranties or representations associated arising there from, lie between you and the advertisers. You agree that we shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.
7.3 Third party goods, software and Services
7.3.1 In many cases, we provide services of third parties, or our Services in conjunction with that of third parties.
7.3.2 In those cases, the following conditions apply:
220.127.116.11 We provide such services subject to the terms, conditions and limitations imposed by those third parties.
18.104.22.168 If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the Services to you without notice. We may nevertheless endeavour to provide such a Service in another way or by using another third party.
22.214.171.124 To the extent that there is a conflict between the third party’s Terms and Conditions and these Terms, these Terms will prevail.
7.3.3When you acquire goods, software or any other services from a third party through any of our Services, you understand and agree that:
126.96.36.199 we are not a party to the contract between you and the third party;
188.8.131.52 we are under no obligation to monitor the Third Party Service used by you;
184.108.40.206 the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
220.127.116.11 you will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and
18.104.22.168 you indemnify us against any damages (as defined in clause 14 below) howsoever arising from your acquisition and use of the goods, software or service.
7.3.4 We also reserve the right to reject or refuse any Third Party Service used by you in conjunction with our Service.
7.4 Suspension or termination of Services
7.4.1 We may suspend, interrupt, change or end any Service or any part thereof at any time for any reason in our sole discretion without notice to you and without any liability to you.
7.4.2 We may widely publicise changes to the Services that apply generally.
7.4.3 We may also give you notice of any interruption of a Service due to maintenance.
7.4.4 We also reserve the right to change the software and hardware which is required to gain access to the Site without prior notice to you.
Complaints regarding our Services may be lodged with us at by clicking on the “contact us” link on the Site.
8. Use of Services
You will only use the Services:
8.1 in accordance with the User Rules and the Terms;
8.2 for lawful and personal purposes; and
8.3 for the purposes for which they are designed, which excludes trading or investing purposes.
9. Service Charges and payment
Please note that, in order to subscribe to certain Services, or to procure certain goods or services from us, you are required to enter into separate agreements with us on an ad hoc basis. The terms and conditions of such agreements will be conveyed to you every time when you proceed to transact.
9.1 Guidelines for use of pay Services
9.1.1 Check before you subscribe to or use a Service
9.1.1 Before you subscribe to or use a Service you will check the amount of the Service Charges, and determine how and when you must pay these charges.
9.1.2 By subscribing to or using a Service you:
22.214.171.124 agree to pay the Service Charges on the due date in the way specified, regardless of whether you use the Service or not; and
9.2 How you pay Service Charges
9.2.1 You will pay:
126.96.36.199 recurring Service Charges monthly in advance by debit order on the first day of each month; and
188.8.131.52 other Service Charges as specified in any Additional Terms.
9.2.2 We may implement a new, or change an existing debit order for the Service Charges due by you against the bank account you provided to us.
9.2.3 If details of your bank account change, you will promptly provide us with the new details.
9.2.4 Unless stated otherwise in the Additional Terms or Service Terms, all Service Charges are payable in advance and non-refundable.
9.3.1 If you fail to pay a debit order or other amount for any reason when due, we may:
184.108.40.206 suspend your subscription to or use of a Service;
220.127.116.11 terminate this agreement, and claim any amounts due to us; and/or
18.104.22.168 charge you interest at a rate of 2% above the prime overdraft rate of our bankers, as certified by any branch manager of such bank whose appointment, qualification and authority we will not need to prove, calculated from due date to date of actual payment, both days inclusive.
9.3.2 You will not:
22.214.171.124 withhold payment of any amount due to us by reason of any alleged breach of the Terms by us, or for any other reason; or
126.96.36.199 apply set off in respect of any amount due to us.
9.3.3 All amounts due and payable by you at any time will be determined and proved by a certificate signed by one of our directors or general managers, whose appointment, qualification and authority we need not prove.
9.3.4 Such a certificate will be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence or any other judgment against you.
9.4 Value-added tax and other taxes
9.4.1 If required by law, we may receive and claim payment from you in respect of any value-added tax or anyother similar tax or levy imposed on the provision of the Services.
9.4.2 Unless stated otherwise, all Service Charges exclude value-added tax and other indirect taxes.
9.5 Reconnection Service charge
We may charge you an additional re-connection Service Charge if you request us to restore any Service,
which was terminated, either at our instance or yours.
9.6 Changes to Service Charges
We may change the Service Charges from time to time as provided for in clause 3 above.
We may from time to time provide you with accounts, statements or invoices for amounts due to us.
9.8 Jackpot Payment
Twist Mobile India Pvt. Ltd. would have complete control over selection of User and Payment mechanism.
Incase of payment rules of Indian government don’t permit transaction of Jackpot Amount. We would not be obliged to pay the amount
Service Tax and Tax as per Land of law would be applied on Jackpot Amount.
Gift Vouchers or E-Commerce products can be gifted incase of cash transfer issues. We hold rights to decide payment mechanism.
Winner can be payed for 3 times win in Play Contest. If they win over 3 times, we would not pay for Jackpot Amount.
Incase of Fraud or Cheat we can reject Jackpot Amount to Winner of Play Contest.
Jackpot Winner has to play through Mobile Phone to win amount. Game played through emulator/simulator or PC won’t be accepted for Jackpot Winner.
Gift would be sent as per rules and convince of Twist Mobile India Pvt. Ltd.
User can win gift only Once.
Gift winner should play through Mobile Phone to win gifts and endorsements. Game played through emulator/simulator or PC won’t be accepted for Gifts.
10. Provision of equipment
10.1 You will at your own cost acquire and maintain such:
10.1.1 computer, telephone, hardware, software, communication lines; and
10.1.2 network or Internet access, as may be necessary to Subscribe to or use our Services.
10. 2 You will ensure that your computer, telephone, other communications equipment and software are compatible with the Service concerned before Subscribing to or using the Service.
10.3 You will make regular copies or “backups” of your computer software and data.
11. Your information
11.1 When you subscribe to or start to use a Service, if requested by us, you will provide us with your full names, identity number, residential and business or postal address, a certified copy of your identity document and, if you are a legal entity, a certified copy of your business letterhead.
11.2 You warrant that all information about yourself that you supply to us at any time is true, current and complete.
11.3 You will inform us of any changes of information about yourself.
11.4 We may treat any misrepresentations by you as a fraudulent act unless you prove that the misrepresentation was unintentional.
12. User Ids
12.1 Any username, password, number or email address allocated to you or created by you when Subscribing to or using our Services (“user ID”) will entitle you to access the Services as long as you comply with the Terms.
12.2 Any user ID is personal to you.
12.3.1 will keep your user ID confidential and not disclose it to any third party;
12.3.2 will inform us promptly if a third party gains access to your user ID;
12.3.3 are responsible for all payments, use of, or activity on a Service under your user ID;
12.3.4 will not use a Service at any one point in time more than once under the same user ID (for example, you will not do “multiple log-ins”);
12.3.5 will not circumvent our user ID authentication procedures or systems;
12.3.6 are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your user ID; and
12.3.7 indemnify us against any claim howsoever arising from any use of your user ID by a third party or your breach of this clause 12.
12.4 While a user ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a user ID.
12.5 You will also not retain any entitlements to your user ID once this agreement ends.
12.6 You will sign out from your Account at the end of each session.
13. Intellectual property
13.1 In this clause:
13.1.1 Intellectual Property Rights includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement; and
13.1.2 downloads means any software, data, files or content retrieved, viewed or downloaded by you through your Subscription to or use of a Service.
13.2 Downloads 13.2.1 We (or the appropriate third party) retain all Intellectual Property Rights to downloads.
13.2.2 You will not, unless with our express consent or that of the third party author:
188.8.131.52 sell or otherwise transfer any downloads to any third party;
184.108.40.206 appropriate the downloads in whole or in part for whatever purpose;
220.127.116.11 decompile or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
18.104.22.168 incorporate the downloads into any other Content for whatever purpose;
22.214.171.124 remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Service; or
126.96.36.199 frame any portion of the web pages that are part of the Service.
13.3.1 You may retrieve, store, cite or refer to or print Content from any of our websites for educational, research, non-commercial, private or personal use only as provided for under Indian law.
13.3.2 You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any Content in respect of which we own the copyright without our consent, or in the case of the Content of a third party author, without his or her consent.
13.3.3 You acknowledge that we own the right, title and interest in and to the Services developed and provided by us, the system which provides the Services and all software associated with the Services, as well as all Intellectual Property Rights thereto.
13.3.4 You will comply with all national and international laws pertaining to Intellectual Property Rights.
13.4 Your content
13.4.1 You will retain ownership of any original content that you provide when using a Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our Service.
188.8.131.52 we own all compilations, collective works or derivative works created by us which may incorporate your content and which are reduced to a material form and original; and
184.108.40.206 with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote your content on any medium.
13.4.3 Should you be of the view that the Intellectual Property Rights in any of your works uploaded on
the Service have been infringed or otherwise violated, please provide our Webmaster with the following information:
220.127.116.11 a description of the work, which you claim, has been infringed;
18.104.22.168 the location of the work on the Play Contest Mobile App site;
22.214.171.124 your contact details;
126.96.36.199 an affidavit deposed to by you stating that the work was used without your consent; and
188.8.131.52 written consent if an agent is acting on your behalf.
184.108.40.206 The level of attention to be afforded to your matter will lie within our discretion. This clause should in no way be construed as a guarantee that we will assist you under these circumstances.
14. Limitation of our liability
14.1 You subscribe to and use any Service at your own risk.
14.2 We are not liable to you or any third party for any damages suffered by you or a third party howsoever arising from your Subscription to, or use of, or reliance on a Service, including (without limitation) any damages suffered by you due to:
14.2.1 access to our Mobile App/Game,Site or websites linkedthereto;
14.2.2 any interruption of or error in the Service; including inability to access our Mobile App/Gamesor websites linked thereto;
14.2.3 inaccurate information or unreliable results;
14.2.4 use of any Content from our Site, including Content accessed from a link;
14.2.5 our failure to fulfill our obligations as a result of uncontrollable events;
14.2.7 any other reason not directly attributable to our gross negligence.
14.3 If you suffer damages or are dissatisfied with a Service your only remedy is to stop using the Service as provided for in clause 6 above.
14.4 In this clause:
14.4.1 damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims, actions or costs, including (without limitation) loss of data, profits or custom, or business foregone whether:
220.127.116.11 in contract, delict or otherwise;
18.104.22.168 direct, indirect, special or consequential;
22.214.171.124 foreseeable or not; and
126.96.36.199 we were advised of the damages in advance or not; and
14.4.2 uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.
You indemnify us against all liability, claims, damages, loss or costs or expense of any kind or nature suffered by us or instituted against us by a third party howsoever arising from:
15.1 your subscription to or use of a Service; or
15.2 your breach of the Terms.
16. Transfer of rights and obligations
16.1 You may not cede, assign or otherwise transfer any of your entitlements or obligations under the Terms without our prior written consent.
16.2 The use of our Service is personal to you and any entitlements acquired by you hereunder will terminate upon your death.
16.3 We may cede, assign or otherwise transfer our rights or obligations under the Terms to any third party without your consent and without notice to you.
17.1 If you breach any of the Terms, then we may, without prejudice to any of our other rights and without notice to you:
17.1.1 claim immediate payment of all outstanding amounts due to us;
17.1.2 stop or suspend your use of any of the Services and/or
17.1.2 terminate this agreement.
17.2 We also reserve the right to claim damages from you or to institute criminal proceedings against you, should the circumstances so require.
17.3 We may in any of these instances retain all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and legal costs.
17.4 We will not be liable to you or any third party in any way for the termination of your Account.
18. Communication with you and advertising
You authorise us to:
18.1 communicate with you from time to time about our Services including (without limitation) special offers, discounts, promotions, operational changes and/or new Services;
18.2 advertise on any Service in any format in our sole discretion.
19. Governing law
19.1 The Terms are governed by and construed under the laws of India and all disputes, actions and other matters relating thereto will be determined in accordance with such law.
The Courts of law in India shall have exclusive jurisdiction over any disputes in relation to this agreement.Law of Court for all disputes will be Indore, Madhya Pradesh, India.
21. Priority of Terms
Save as expressly provided to the contrary in the Terms, any conflict in the provisions of the Terms will be resolved in accordance with the following order of priority:
21.1 these Terms;
21.2 the Additional Terms.
22. Whole agreement
22.1 The Terms constitute the whole of the agreement between us and you relating to the matters dealt with herein.
22.2 No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the Terms not incorporated therein will be binding on you or us. 22.3 Any change or addition to the Terms will only be valid if effected as provided for in clause 3 above.
23.1 You select as your address (domicile) for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using a Service.
23.2 We may send you any notices (other than legal process) by email.
23.3 You will notify us of any change of address.
23.4 We select as our address for the purposes of receiving legal process and notices the address specified at our website.
24. No waiver
24.1 Any waiver, indulgence, relaxation or extension of any of the Terms will be effective only in the specific instance and for the purpose given.
24.2 No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver.
24.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.
25. Provisions are severable
25.1 Each provision of the Terms is severable from the other provisions.
25.2 If any provision is found to be invalid or unenforceable, the remainder of the agreement will remain enforceable.
26. Interception and monitoring
26.1 By subscribing to or using a Service, you agree that we may intercept and monitor any communication that you make or receive to the extent allowed by law or for the purpose of conducting our business and securing our systems.
27. User Rules
27.1 General Principles
While some of these User Rules may be more applicable to a particular Service or access technology, you are bound by all of them regardless of the Service or access technology, which you may use.
We view our Service environment as a virtual community in which you interact with us, with other Subscribers and the Internet community at large.
Like all other communities, our virtual community has rules to ensure the continued existence thereof and that the rights of all participants are respected.
In these User Rules:
* Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;* Destructive Code means any computer code which: -is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as “viruses”, “Trojan horses” or “worms”); -would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code); -would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “back door” or “trap door” codes); and -any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations; ” * Communication Facilities includes (without limitation) our email, instant messaging (IM), SMS, chat rooms, discussion boards, albums, communities, classifieds and similar facilities used for the purposes of
communicating in real-time or otherwise with other persons whether they are Subscribers or not; * Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”; * Intellectual Property Rights means any and all rights, title and interest in (whether registered or not) any intellectual property, including copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, source code and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights; * Misrepresentation includes (without limitation): -actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance; -impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose; -altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and -forging or otherwise manipulating origination details and data on any electronic data message generated by our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Communication Facilities including, without limitation, the use of “Socks Proxies”, “EZBounce”, “Vhosts”, “BNC’s” and/or any other software or hardware methods used to disguise or misrepresent your own IP address;* Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our Communication Facilities; imitating or impersonating another person or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person’s consent; * System Abuse means any conduct which does or may: -damage, impair, overburden or disable any system of any person (including us) using our Services; -interfere with any other person’s use of the Internet or of our Services; -compromise or tamper with the security of our or any other person’s software, hardware, systems, networks or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client” ( e.g. “bots”, “fserv” or “script”), nuking and nuking tools (e.g.”7th Sphere”).
27.3 General rules
You agree that, when you use our Services, you will not:
* do anything which violates any of the Terms; * Spam our Communication Facilities;
* make any Misrepresentation; * post, upload or transmit any Abusive Content by means of our Communication Facilities; * replicate or store Abusive Content on any of our servers; * do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism (“flaming”), or wastefully and unnecessarily including previous communications in any postings; * commit Fraud; * violate or infringe the Intellectual Property Rights, contractual or fiduciary rights, privacy or publicity rights of another; * perform System Abuse; * propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby; * repeatedly post gratuitous off-the-topic communications; * read and act upon any communication which was not intended to be received by you or fail to delete such communication; * gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information; * reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of: -our Services or any part thereof including (without limitation) websites and web pages, or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or -the information or data contained in our Services; * use robots, spiders, or any other device, be it automated or manual, to monitor or copy any content from the Services; * use any of our Services for commercial purposes other than those provided for hereunder, including (without limitation), reformat and display the results of a search; mirror our home page or result pages on your website, or add aPlay Contest search box on your website (If you want to make commercial use of our services, you are required to enter into an agreement with us); * repeatedly or in a rapid manner transmit Content in such a manner as to have the effect of harassing a recipient; * transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract; * access any of our Services or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means; * perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices; * fail to comply with applicable domestic, national and international laws, rules and regulations ; * send automated queries to our System without our express prior consent, including (without limitation) meta-searches and performing off-line searches on our System; * disrupt the normal flow of dialogue or negatively affect the ability of other users * to engage in real time exchanges; * help any third party to do any of the above.
27.4 Third party use rules
When you access or use a third party site or service by means of our Services, you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules. To the extent that there is a conflict between the third party’s rules of use and our User Rules, you are expected to conduct yourself in the manner that is least prejudicial to our interests.
27.5 Enforcement of User Rules
Should we consider you to be in breach of any of the User Rules, then we may, without prejudice to any other rights which we may have under these Terms or in law, to:
* give you a warning; * without notice, stop or suspend your Subscription to or use of any or all Services; and/or * disclose any of your Personal Information to persons affected by your conduct.