November 24, 2018

Terms of Use

PROAUDIOGAMES – TERMS AND CONDITIONS

The terms and conditions explain the nature and scope of the relationship between SudeepAudio.com LLP herein also referred to as “ProAudioGames” (as owner and management for the program) and a Player/User/Member of the Application ‘ProAudioGames’. The terms and conditions cover limitations and exclusions on the liability of SudeepAudio.com LLP, ProAudioGames and the SudeepAudio.com LLP’s/ProAudioGames’s Partners.

DEFINITIONS

“SudeepAudio.com LLP” or “ProAudioGames” shall mean SudeepAudio.com LLP, a LLP with operating office at No. 5, Vaikunth Society, Sir Lallubhai Park Road, Andheri West, Mumbai – 400058, India.
“ProAudioGames Program” and “ProAudioGames Website” shall mean the game based rewards program offered by SudeepAudio.com LLP in the form of a mobile and/or desktop application via the Internet or directly on the devices.

“ProAudioGames App” or “ProAudioGames Application” shall mean the Smartphone/Tablet Application for ProAudioGames Program offered by SudeepAudio.com LLP, which is downloaded, installed and used on Smartphone device or Tablet.

“ProAudioGamesUser/Player/Member” or “ProAudioGames Player/User/Member” or “Player/User/Member” or “User/Player/Member” shall mean a player who is signed up for the ProAudioGames Program, either by playing the various games/quizzes on the application or by registering through the ProAudioGames App.

“ProAudioGames Partner” or “SudeepAudio.com LLP Partner” or “Participating Partners” shall mean any or all of the present or future entities, partners, musicians, sound engineers,event organisers, record labels, music companies, manufacturers, distributors, dealers, software developers, event organisers, software developers, magazine publishers, e-commerce platforms, sound recording studios, individuals and other participating establishments or businesses in the Program whether with online or offline presence, in agreement with SudeepAudio.com LLP.

Device” refers to the smart phone handset or tablet or desktop on which the ProAudioGames App or Website has been opened / downloaded and being used / installed by the ProAudioGames user.
Game” shall mean a series of questions that are asked through the medium of the ProAudioGames Application from a database stored on a server. Games will primarily be quizzes containing questions, puzzles, riddles, brain teasers, trivia, images, audio and video links, etc.; whether single player or multi-player. The questions used in the Game will come from an online database.
Successful Game” shall mean a Game wherein the User/Player/Member has attempted all the questions in the Game, without any break or interference caused by opening any other mobile or website application or notification or answering a phone call or by break in the internet connection or through any other disturbance.
Points” shall mean the points issued to ProAudioGames Player/User/Member for every question that is correctly answered by him/her. Points can be redeemed for Rewards provided by ProAudioGames Partners through the ProAudioGames Application. The level of difficulty of the question and the speed with which the User/Player/Member answers will be factors that will determine the points earned in each question. ProAudioGames has full autonomy to decide the amount of points to be awarded.
Game History” shall mean the record of the Games played by the Player/User/Member and the progress of the Player/User/Member.
Rewards” shall mean any rewards, offers, coupons, experiences, deals, discounts, gifts, special sales or the like offered by ProAudioGames Partners through the ProAudioGames App.
Rewards Catalogue” shall mean a catalogue in which all the Rewards will be displayed on the ProAudioGames Application.
Redemption or Redeem” shall mean exchange of Points by a User/Player/Member for a Reward offered by a ProAudioGames Partner.
Registration Process” shall mean the process, which a prospective Player/User/Member follows to complete his/her registration on the ProAudioGames Application. The completion of the Registration Process leads to the creation of a ProAudioGames Account.
“Software” shall mean the software program running on the ProAudioGamesApplication running on the Player/User/Member’s smartphones/tablets.


Rules of the Game

ProAudioGames reserves the right to change the rules of the Game without prior permission/consent from the ProAudioGames Users/Players.

Time limit – Every Game will be for a defined time limit within which all questions have to be answered
Question Difficulty – There will be three levels of question difficulty viz. Student, Associate and Senior (herein listed in ascending order of difficulty).
Game Modes – There shall be 3 modes under which Games are classified in the ProAudioGames Application. These are:
o “Practice Mode” is a game mode in which random questions are asked. No points are earned by the ProAudioGames Player/User/Member in this mode. Game history of the Player/User/Member is not recorded in this mode. There is no time limit for questions in this mode.
o “Guest Mode” is a game mode in which 10 random questions are asked. Game History of the last 3 completed games is recorded on the Device of the Player/User/Member.
o “Member Mode” is a game mode wherein the ProAudioGames User/Player/Member plays games after registering on the ProAudioGames Application (either using Google+ account or Facebook account or Username/Password). The Player/User/Member will earn points for each question that is answered correctly, which will be credited only after completing the entire Game. Game history is recorded for every completed Game.

In addition to the above, there shall also be:
o “Master Sessions” are Games sponsored by ProAudioGames Partners. These sessions will have any number of questions designed by the Partner. Each such session may or may not have a Reward attached to it. Only a registered User/Player/Member can access a Master Session. Every registered User/Player/Member can access a givenMaster Session only once. The ProAudioGames Partner sponsoring the session will decide the validity period of such sessions. The same sponsor may simultaneously sponsor multiple Master Sessions. The User/Player/Member will not earn any Points from a Master Session. The sponsor of the Master Session has the autonomy to determine who the winner (if any) of a particular session is. The sponsor is free to come out with his own criteria to determine the winner. ProAudioGames has no role to play in this regard.
o “Private Sessions” are closed group sessions sponsored by ProAudioGames Partners. Questions appearing in these sessions will not appear in other sessions/modes. Entry into these sessions will be through a password, which would be provided by the ProAudioGames Partner. Results of these sessions may be used and analysed by the ProAudioGames Partner. Multiple Private Sessions can co-exist at the same time. Private Sessions are open only to registered User/Player/Members. Every registered User/Player/Member can access a givenPrivate Session only once. Each such session may or may not have a Reward attached to it. TheUser/Player/Member will not earn any Points from a Private Session. The sponsor of the Private Session has the autonomy to determine who the winner (if any) of a particular session is. The sponsor is free to come out with his own criteria to determine the winner. ProAudioGames has no role to play in this regard.
The various sessions offered on the ProAudioGames Application may vary by geography. Certain sessions maybe available only in a particular geography and may not be available in other geographies.


GENERAL CONDITIONS

The ProAudioGames User/Player/Member agrees that by completing the Registration Process on the ProAudioGames Application or by playing a Game on the ProAudioGames Application, he/she is deemed to have read and understood these terms and conditions and confirms that he/she is bound by these terms and conditions and any changes to it from time to time and such other terms as specified by ProAudioGames/SudeepAudio.com LLP from time to time.
Registration into the ProAudioGames Program is voluntary, open to all natural persons above the age of 18 from India.
ProAudioGames/SudeepAudio.com LLP reserves the right to modify these Terms and Conditions and such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions on http://www.ProAudioGames.com. Player/User/Member’s continued use of the Program after any such changes constitutes Player/User/Member’s acceptance of the new Terms & Conditions. If the Player/User/Member does not agree to abide by the modified Terms & Conditions, then Player/User/Member should not use or access (or continue to use or access) the Program. It is Player/User/Member’s responsibility to regularly check the website [http://www.ProAudioGames.com] to determine if there have been changes to these Terms & Conditions and to review such changes.
ProAudioGames ProgramRegistration is valid for lifetime of the Player/User/Member unless terminated in accordance with these terms and conditions.

ProAudioGames Program Account is not a payment medium or payment instrument.
ProAudioGames Users/Players will be personally liable for any and all costs, taxes, charges, import duties, octroi, levies, GST claims or liabilities of whatever nature arising from the provision or availability of Rewards, services, benefits, facilities or arrangements provided or made available to a ProAudioGames Player/User/Member, by ProAudioGames Partners, as a result of his/her registration in the ProAudioGames Program.

ProAudioGames/SudeepAudio.com LLP will not be liable for any loss or damage, whether direct or indirect, arising from the provision or non-provision whether whole or part, of any such Rewards, services, benefits, facilities or any other arrangements by the ProAudioGames Partners.
When a ProAudioGames Player/User/Member seeks to use or obtain any of the Rewards, services, benefits, facilities and arrangements as offered by the ProAudioGamesPartner, the provisions of such Rewards, services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the ProAudioGames Partner, being the provider of the said Rewards, benefits, facilities and arrangements.

An eligible reward once claimed by the player will reduce the total number of points in their records and once claimed, the decision cannot be reversed. i.e. a player cannot change his/her mind once he/she has redeemed points for a reward of his/her choice from the Rewards Catalogue. A Redemption process once initiated by the ProAudioGamesUser/Player/Member cannot be revoked/cancelled by the ProAudioGames User/Player/Member.
ProAudioGames/SudeepAudio.com LLP shall not be responsible for the logistics, delivery, dispatch and/or making available any Reward redeemed by a ProAudioGames Player/User/Member.
ProAudioGames/SudeepAudio.com LLP will also not be responsible for any delay in the delivery of the Rewards.

In case of any defect in the Reward, issues of warranty, repair, replacement or the like, the ProAudioGames User/Player/Member agrees and acknowledges that he/she will not hold ProAudioGames/SudeepAudio.com LLP responsible for the same. The ProAudioGames User/Player/Member is to communicate directly with the ProAudioGames Partner providing the Reward. ProAudioGames/SudeepAudio.com LLP will not be responsible for any defect in the Reward, issues of warranty, repair, replacement or the like.
ProAudioGames/SudeepAudio.com LLP shall not be liable for any loss or damage, whether direct or indirect, resulting from termination or change of the ProAudioGamesProgram or any of its facilities, Rewards, benefits or arrangements which are made available to the ProAudioGames Players/Users, including without limitation, ProAudioGames Partner’s withdrawal or the withdrawal or limiting of any such Rewards, services, benefits or facilities.
The User/Player/Member hereby acknowledges and agrees that ProAudioGames is not a party to the transaction between the User/Player/Member and the ProAudioGames Partner in respect to Redemption of Points in exchange for Rewards. ProAudioGames has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. The User/Player/Member uses the ProAudioGames Application and ProAudioGames Program at his/her own risk.
The Program of ProAudioGames may be modified at the sole discretion of SudeepAudio.com LLP from time to time without intimation to the ProAudioGames Players/Users.
Neither ProAudioGames nor SudeepAudio.com LLP shall be liable in the event it fails to fulfil any of its obligations under this terms and conditions due to flood, earthquake, storm, cyclone or any other acts of god of similar nature, war, strike, lockout, or governmental or judicial or quasi-judicial policies/intervention/direction/prohibition or change in law or for any other reasons beyond its control.
ProAudioGames Players/Users are required to inform all changes in their contact details at: write2us@sudeepaudio.com or proaudiogames@gmail.com

If a ProAudioGames Player/User/Member fails to provide change of a valid mobile number or email address information immediately, SudeepAudio.com LLP or any of ProAudioGames Partners will not be responsible for any delay in delivery of the products/ services/Rewards ordered by the ProAudioGames Player/User/Member.
All Points related dispute/complaints older than 15 Working Days from the date of the accrual of the Points will not be entertained.
The ProAudioGames Player/User/Member acknowledges and understands that ProAudioGames/SudeepAudio.com LLP is merely an intermediary and does not assume any liability or acquire any right, title or interest in the Rewards offered by ProAudioGames Partners.
Disputes with respect to the quality, quantity, deficiency, character or condition of a Reward will have to be settled between the ProAudioGames Partner and the ProAudioGames Player/User/Member. ProAudioGames/SudeepAudio.com LLP will have no liability in any such disputes.
The Points earned in the ProAudioGames Program by the Player/User/Member or the milestones/achievements achieved in the Program do not guarantee a job or internship or certificate from ProAudioGames. ProAudioGames does not make any such representation.
The User/Player/Member understands that ProAudioGames does not control, and is not responsible for ads, Reward details on the Rewards Catalogue (such as images, logos, photos, specifications etc.), content in Master Sessions and Private Sessions or any other information which is not directly controlled by ProAudioGames. That by using the ProAudioGames Application, the User/Player/Member may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. The User/Player/Member acknowledges and agrees that the User/Player/Member is responsible for and must evaluate, and bear all risks associated with, the use of any content, that the User/Player/Member may not rely on said content, and that under no circumstances will ProAudioGames be liable in any way for the content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any content listed, e-mailed or otherwise made available via the ProAudioGames Application. The User/Player/Member acknowledges and agrees that ProAudioGames cannot and does not pre-screen or approve any content as described in this paragraph, but that ProAudioGames has the right, in its sole and absolute discretion, to refuse, delete or move any content that is or may be available through the Application, for violating these Terms and such violation being brought to ProAudioGames’s knowledge or for any other reason or no reason at all. Furthermore, the ProAudioGames Application may contain links to other third party websites, which are completely unrelated to ProAudioGames. If the User/Player/Member links to Third Party Websites, the User/Player/Member may be subject to those Third Party Websites’ terms and conditions and other policies. ProAudioGames makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and the User/Player/Member’s linking to any other websites is completely at User/Player/Member’s own risk and ProAudioGames disclaims all liability thereto.

ENROLLMENT AND USAGE

It is the ProAudioGames Player/User/Members’ responsibility to share the correct communication details with ProAudioGames/SudeepAudio.com LLP at the time of enrolling into the Program and/or filling up the online forms at the end of any game to participate in events such as “lucky draws”.
ProAudioGames/SudeepAudio.com LLP shall reserve the right to offer the Program by invitation to any Prospective ProAudioGames Player/User/Members as it may deem fit. Registration to the Program is at the sole discretion of ProAudioGames/SudeepAudio.com LLP and it may refuse registration to any applicant without assigning any reasons.
By using the ProAudioGames App and Website, a ProAudioGames User/Player/Member grants his/her consent to ProAudioGames/SudeepAudio.com LLP for creating, storing, maintaining and updating the ProAudioGames User/Player/Member’s data. Such data shall include Player/User/Member data (like name, address, telephone number, mobile number, email address, location, date of birth, areas of interest, preferences etc. as provided by the ProAudioGames Player/User/Member) and usage data (including without limitation, Game History, redemptions, points, transactions with ProAudioGames Partners etc.) for the purpose of providing relevant information and customer services to the ProAudioGames User/Player/Member. All data relating to the ProAudioGames User/Player/Member shall be protected and used by ProAudioGames/SudeepAudio.com LLP in the manner indicated in this ProAudioGames/SudeepAudio.com LLP Privacy Policy.

The ProAudioGames Application works only on a Broadband / WiFi / 3G / 4G / such Net connection. ProAudioGames will not be responsible for consumption of Internet or data by the ProAudioGames User/Player/Member.
ProAudioGames Partners send information regarding Rewards, schemes & offers to ProAudioGames User/Player/Members via Facebook, App Notification, SMS and Email. By completion of Registration Process on the Mobile Application, the Player/User/Member is authorising ProAudioGames/SudeepAudio.com LLP and the Partner to send communication via SMS, Email, App Notification and Social Media messages.
Rewards cannot be combined with any other schemes, rewards, offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the ProAudioGames Partner.
Reproduction, sale or trade of any Rewards schemes & offers or offer code is prohibited.
ProAudioGames/SudeepAudio.com LLP may restrict the number of Games that can be played per Player/User/Member and/or Points awarded to Player/User/Member in a day/ week / month / year without notification.
ProAudioGames/SudeepAudio.com LLP reserves the right to add and/or remove ProAudioGames Partners into the Program.
ProAudioGames/SudeepAudio.com LLP reserves the right to modify the Points awarded to the Player/User/Member for a Successful Game.
Points awarded to Players/Users are not a legal currency. Points can be exchanged with Rewards from ProAudioGames Partners through the Rewards Catalogue on the ProAudioGames Application.
ProAudioGames/SudeepAudio.com LLP reserves the right to modify the value of Pointsthrough whichRewards can be exchanged.
ProAudioGames/SudeepAudio.com LLP may award a certain number of Points to a User/Player/Member for a Successful Game. ProAudioGames/SudeepAudio.com LLP reserves the right to decide the number of Points to award the User/Player/Member.ProAudioGames/SudeepAudio.com LLP may decide not to award the Points to a User/Player/Member. In that case, ProAudioGames/SudeepAudio.com LLP will notify the User/Player/Member the reason for the same. ProAudioGames/SudeepAudio.com LLP reserves the rights to decide the rules and regulations of awarding the Points.
ProAudioGames/SudeepAudio.com LLP will notify these rules and regulations to the Players/Users periodically through any one or all of the following mediums – email, SMS, App Notifications or website www.ProAudioGames.com.

The images, logos, sounds, photos, videos etc. used in the ProAudioGames Application are the property of their respective owners. The use of these images, sounds, photos, videos etc. in the ProAudioGames Application is only for entertainment/quizzing purposes. The use of low-resolution images, photos, logos etc. and sample sounds, videos etc. in this trivia application for use of identification in a informational context qualifies as fair use under copyright law. The ProAudioGames User/Player/Member agrees and acknowledges this and agrees to not misuse the copyright of the respective owners.
Some brands/sounds/videos etc. use different names in different countries/regions/areas. For such cases always the name for the widest market range has been selected. We’re sorry for the inconvenience if the brand is known under a different name in your country/region/area.
This application uses only Latin alphabet to enter brand names. Other alphabets are not supported at this time.

The ProAudioGames User/Player/Member can report a particular question to ProAudioGames in case of any inaccuracy or defect. ProAudioGames will look into the concern of the User/Player/Member and revert accordingly. However, ProAudioGames will have the liberty to decide whether or not any Points should be awarded for that question or not.

REDEMPTION

The Rewards Catalogue will change from time to time. The Rewards / Prize Catalogue of one User/Player/Member may vary from that of another Users/Players. The Rewards Catalogue would depend on the Points earned by the Player/User/Member, the total number of units available for a particular Reward, the expiry date of Rewards, the location of the User/Player/Member, the availability of the Reward at the location of the User/Player/Member and the age of the User/Player/Member, the number of participants etc. The Rewards availability would be at the complete discretion of the ProAudioGames Partners. The ProAudioGames Partner has the discretion to offer a particular Reward only in certain geographies, to certain class of Users/Members etc.
Every Reward may have additional terms and conditions (in between the Partner and the Player/User/Member) apart from these terms and conditions.

THIRD PARTY SERVICES

You may register for the ProAudioGames Program using third party services (e.g., Facebook, Google+) and otherwise enable various third party services to be directly integrated into your ProAudioGames Account. By enabling third party services within the ProAudioGames Account, you are allowing ProAudioGames/SudeepAudio.com LLP to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and ProAudioGames/SudeepAudio.com LLP shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the ProAudioGames Account. In addition, ProAudioGames/SudeepAudio.com LLP is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, ProAudioGames/SudeepAudio.com LLP is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. ProAudioGames/SudeepAudio.com LLP enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

TERMINATION OF REGISTRATION/ACCOUNT

A ProAudioGames User/Player/Member may terminate his/her ProAudioGames Registration/Account by e-mailing from his/her registered email address and requesting for termination.
Disqualification of a ProAudioGames Player/User/Member –Misconduct or fraud or misuse of ProAudioGames Rewards by a ProAudioGames Player/User/Member or actions of a ProAudioGames Player/User/Member, which are inconsistent with any central/state/local laws, statutes or ordinances, may result in immediate termination of his/her ProAudioGames Account and cancellation of all Rewards. ProAudioGames/SudeepAudio.com LLP and ProAudioGames Partners reserve the right to take legal action against the Disqualified Players/Users.

INTELLECTUAL PROPERTY RIGHTS: SERVICE CONTENT, SOFTWARE AND TRADEMARKS

ProAudioGames Player/User/Member acknowledges and agrees that in the course of using the ProAudioGames Application, there maybe content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by ProAudioGames/SudeepAudio.com LLP, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on this content, in whole or in part. In connection with your use of the ProAudioGames Application, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the site www.ProAudioGames.com or the content other than as specifically authorised herein is strictly prohibited. The technology and software underlying or related to the Service is the property of ProAudioGames/SudeepAudio.com LLP, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ProAudioGames/SudeepAudio.com LLP.

MISCELLANEOUS

The Player/User/Member acknowledges that the Terms and conditions and the privacy policy, set herein, are being signed and issued at Delhi, India.
Settlement of disputes: Terms and conditions, set herein, shall be governed by the laws of India only. All disputes arising under the terms and conditions shall be attempted to be resolved through negotiations. Only in case, such negotiations are unsuccessful, the Player/User/Member shall resort to legal recourse, which shall be subject to the exclusive jurisdiction of the competent courts at Delhi only. All claims and disputes arising under the terms and conditions should be notified to ProAudioGames/SudeepAudio.com LLP within 15 working days from the event date after which no ProAudioGames User/Player/Member shall have any claim against ProAudioGames/SudeepAudio.com LLP.
ProAudioGames/SudeepAudio.com LLP or its Parent Company shall have the right to transfer, assign and sell in any manner, in whole or in part, the ProAudioGames Program to any third party of its choice without reference or intimation to the ProAudioGames Users/Players.
ProAudioGames User/Player/Member enrolment and eligibility and redeeming ProAudioGames Partner Rewards are subject to the terms and conditions herein and are subject to any applicable laws and regulations. ProAudioGames/SudeepAudio.com LLP reserves the right to terminate the Program, by giving 30 days notice to all ProAudioGames User/Player/Members. ProAudioGames/SudeepAudio.com LLP and ProAudioGames Partners shall not be liable to any ProAudioGames User/Player/Member or his/her nominee or companion, for any indirect or consequential loss, damage or expense of any kind whatsoever, arising out of or in connection with ProAudioGames/SudeepAudio.com LLP, including the functioning of the website[www.ProAudioGames.com]and/or other contact measures and/or provision or the refusal to provide any benefits/Rewards, whether such loss, damage or expense is caused by the negligence or otherwise, and whether SudeepAudio.com LLP, and/or any of its ProAudioGames Partners have any control over the circumstances giving rise to the claim or not.
All logos, icons, graphics and trademarks relating to ProAudioGames on the ProAudioGames/SudeepAudio.com LLP website, input devices, ProAudioGames application and catalogs are owned by the ProAudioGames/SudeepAudio.com LLP.

DISCLAIMER OF WARRANTIES

ProAudioGames Players/Users use of the ProAudioGames App is at Players/User’s sole risk. The membership/registration is provided on an “as is” and “as available” basis. ProAudioGames/SudeepAudio.com LLP expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. ProAudioGames/SudeepAudio.com LLP makes no warranty that (I) The ProAudioGames App and its use will meet Player/User/Member’s requirements, (II) The use of the Program will be uninterrupted, timely, secure, or error-free, (III) The results that may be obtained from the use of the Program will be accurate or reliable, or (IV) The quality of any products, services, information, or other material purchased or obtained by the Player/User/Member through the service will meet Player/User/Member’s expectations.

LIMITATION OF LIABILITY
ProAudioGames Players/Users expressly understand and agree that ProAudioGames/SudeepAudio.com LLP shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if SudeepAudio.com LLP has been advised of the possibility of such damages), whether based on contract, trot, negligence, strict liability or otherwise, RESULTING FROM: (I) The use or the inability to use the ProAudioGames Program/ProAudioGames Application; (II) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the ProAudioGames Program/ProAudioGames Application; (III) Unauthorised access to or alteration of Player/User/Member transmission’s or data; (IV) Statements or conduct of any third party on the ProAudioGames Program/ProAudioGames Application; or (V) Any other matter relating to the ProAudioGames Program/ProAudioGames Application. In no event shall ProAudioGames/SudeepAudio.com LLP total liability to the Player/User/Member for all damages, losses or causes of action exceed the amount the Player/User/Member has paid ProAudioGames/SudeepAudio.com LLP in the last three (3) months.


PRIVACY POLICY

“ProAudioGames/SudeepAudio.com LLP” and ProAudioGames Partners provide relevant offers and services to the ProAudioGames Players/Users who are interested in receiving these offers and services. To ensure that the offers and services are relevant,SudeepAudio.com LLP may solicit information from the Players/Users from time to time. This is solely for the purpose of making the program more and more meaningful. We are committed to protecting the privacy of our Players/Users and their transactions. This section explains how we protect and use your information in safe, secure and responsible manner. We value our User/Player/Member’s privacy.

Information We Collect:
When Users/Players interact with ProAudioGames/SudeepAudio.com LLP through the ProAudioGames Application, ProAudioGames/SudeepAudio.com LLP may collect Personal Data and other information from then User/Player/Member, as further described below:
Personal Data That Players/Users Provide Through the Program: We collect Personal Data from the Users/Players when he/she voluntarily provides such information such as when User/Player/Member registers for access to the Program, use certain Services, redeems Points, contact ProAudioGames/SudeepAudio.com LLP with inquiries or respond to one of ProAudioGames/SudeepAudio.com LLP surveys, information collected by ProAudioGames Partners and attached to Player/User/Member. For example, we collect name, phone number, email address, third party service login credentials, location and date of birth of the User/Player/Member.
By voluntarily providing us with Personal Data, Players/Users are consenting to ProAudioGames/SudeepAudio.com LLP use of it in accordance with this Privacy Policy. If a Player/User/Member provides Personal Data, the said Player/User/Member acknowledges and agrees that such Personal Data may be transferred from Player/User/Member’s current location to the offices and servers of ProAudioGames/SudeepAudio.com LLP and the authorised Partners.
Non-Identifiable or Aggregated Data: When Users/Players interact with ProAudioGames/SudeepAudio.com LLP through the Program, we also receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify a Player/User/Member. ProAudioGames/SudeepAudio.com LLP may store such information itself or such information may be included in databases owned and maintained by ProAudioGames/SudeepAudio.com LLP affiliates, agents or service providers. ProAudioGames/SudeepAudio.com LLP may use such information and pool it with other information to track, for example, the total number of visitors or users of the Program, numbers for our Partners, the number of visitors to each page of our website, the domain names of our visitors’ Internet service providers, the geographic spread of visitors/users and how our users use and interact with the Program. Also, in an ongoing effort to better understand and serve the users of the Program, ProAudioGames/SudeepAudio.com LLP may conduct research on its customer demographics, interests and behaviour based on the Personal Data and other information provided to us. This research may be compiled and analysed on an aggregate basis. ProAudioGames/SudeepAudio.com LLP may share this non-identifiable and aggregate data with its affiliates, agents, advertisers and business partners, but this type of non-identifiable and aggregate information does not identify a User/Player/Member personally. ProAudioGames/SudeepAudio.com LLP may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

In operating the Program and Website, ProAudioGames/SudeepAudio.com LLP may also use a technology called “cookies”. A cookie is a piece of information that the computer that hosts our Program gives to a your browser when you access our website. Our cookies help provide additional functionality to the Program and help us analyse Program usage more accurately. For instance, our Program may set a cookie on your browser that allows you to access the Program without needing to remember and then enter a password more than once during a visit to the Program. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Program’s features.

Use of User/Player/Member’s Personal Data and Other Information
ProAudioGames/SudeepAudio.com LLP uses the Personal Data Players/Users provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the ProAudioGames Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. ProAudioGames/SudeepAudio.com LLP and its subsidiaries and affiliates may also use your Personal Data and other personally non-identifiable information collected through the Program to help us improve the content and functionality of the Program, to better understand our users, and to improve the ProAudioGames Program. ProAudioGames/SudeepAudio.com LLP and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you.
If ProAudioGames/SudeepAudio.com LLP intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information
ProAudioGames/SudeepAudio.com LLP is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
ProAudioGames Partners: To the extent you have obtained or redeemed a Reward offered by a ProAudioGames Partner or otherwise participated in any other activity sponsored or offered through the Program on behalf of the ProAudioGames Partner, we may provide such ProAudioGames Partners with your Personal Data (such as name, contact number, email address, location etc.) (a) in order for the ProAudioGames Partner to redeem and validate your reward, send you customised offers, troubleshoot redemption and combat fraud, (b) as part of legal proceedings affecting ProAudioGames/SudeepAudio.com LLP and the ProAudioGames Partner, (c) to facilitate a direct relationship between the ProAudioGames Partner and you or (d) to enable the ProAudioGames Partner to communicate electronically with you with respect to Rewards related to such ProAudioGames Partner.
In addition, the sponsor of a Master Session will receive the Personal Data of the winner(s) (if any) of that session, the Non-Identifiable Information of theUsers/Players in that sessionand the User/Player/Member’s answer for each question in that session. The time taken by each participant to answer the questions may also be shared with the sponsor in order to ascertain the winner of the session.
In a Private Session, the sponsor will receive the User/Player/Member’s Personal Data, the Non-Identifiable Information of the Users/Players in that sessionand the Player/User/Member’s answer for each question in that session. The time taken by each participant to answer the questions may also be shared with the sponsor in order to ascertain the winner of the session.
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.
Agents, Consultants and Related Third Parties: ProAudioGames/SudeepAudio.com LLP, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include maintaining databases, sending emails and SMS messages, offering and developing certain features of the Program, and maintenance and security. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. We also disclose automatically collected data (card scans, promotional activities, and redemption information) to our ProAudioGames Partners, third-party ad servers and advertisers. We also disclose to the advertisers information regarding number of games played at each level, the location of the User/Player/Member and the Rewards redeemed by a User/Player/Member. These third parties may match this data with information that they have previously collected about you under their own privacy policies, which you should consult on a regular basis.
Legal Requirements: ProAudioGames/SudeepAudio.com LLP may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or assist government enforcement agencies, (ii) protect and defend the rights or property of ProAudioGames/SudeepAudio.com LLP, ProAudioGames Partners, or our users, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, (iv) protect against legal liability; (v) protect Rewards Providers from fraudulent, abusive, or unlawful uses; or (vi) protect the security or integrity of the Services.
With the Ability to Opt-Out: We do not share Personal Data with other third-party organizations for their marketing or promotional uses without your consent except as part of a specific program or feature for which you will have the ability to opt-out. We may offer contests that require you to take an action in order to receive a reward. This data is provided to the advertiser and you will always have the option to not participate.
The Program will automatically send you SMS, email, notifications on social media and other electronic messages with updates and other information as part of the Program. You may stop receiving SMS messages from the Program by contacting us on ProAudioGames@sudeepaudio.com from your registered email id.
ProAudioGames does not control the manner in which the ProAudioGames Partner will use the data/information shared by ProAudioGames. ProAudioGames cannot be held responsible/liable for actions taken by the ProAudioGames Partner in relation to the User/Player/Member’s data or the manner in which ProAudioGames Partner uses such data.

Exclusions:
This Privacy Policy does not apply to any Personal Data collected by ProAudioGames/SudeepAudio.com LLP other than Personal Data collected through the Program. This Privacy Policy shall not apply to any unsolicited information you provide to ProAudioGames/SudeepAudio.com LLP through the Program or any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as public forums (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and ProAudioGames/SudeepAudio.com LLP shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Integrating Third Party Services within the Program
One of the special features of the Program is that it allows you to enable various online third party services, such as social media and social networking services (“Third Party Services”), to be directly integrated into your ProAudioGames experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and ProAudioGames/SudeepAudio.com LLP shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.
ProAudioGames allows the ProAudioGames User/Player/Member to share his/her score/achievements/milestones on social media and will have the functionality built into the ProAudioGames Application. The ProAudioGames User/Player/Member can share more information (such as interest area, profile photo etc.) at his/her option.

Security:
ProAudioGames/SudeepAudio.com LLP takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet, email, mobile or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

ProAudioGames Fair Usage Policy:
The Player/User/Member shall act responsible at all times and ensure that Players/Users availing of the service of the ProAudioGames Mobile Application with respect to earning of Points and redemption of Points through ProAudioGames Partners shall do so in adherence to the ProAudioGames Fair Usage Policy (PFUP). The PFUP ensures that the redemption of Points is in accordance to acceptable variance with Average Potential (AP) of Players/Users. Based on AP of our Players/Users, the Points Fair Usage Limit (PUL) is established and conveyed to the Players/Users periodically. ProAudioGames monitors AP of our Players/Users from time to time and revises the FUL.
User acknowledges and agrees that Point redemption in excess of FUL shall be a violation of PFUP and shall be deemed a breach of a material term hereof. Upon such violation ProAudioGames/SudeepAudio.com LLP may suspend/terminate the User account with immediate effect.

Other Terms and Conditions:
Your access to and use of this Program is subject to ProAudioGames/SudeepAudio.com LLP’s Terms & Conditions located at our website www.ProAudioGames.com in various games (regular and sponsored).

Changes to SudeepAudio.com LLP’s Privacy Policy:
The Program and our business may change from time to time. As a result, at times it may be necessary for ProAudioGames/SudeepAudio.com LLP to make changes to this Privacy Policy. ProAudioGames/SudeepAudio.com LLP reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data.

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