Pryze: Terms and Conditions
Effective Date: June 10, 2024
Thank you for using the Pryze mobile application and all related games and services (collectively, the “Application”). The Application is provided and maintained by Frontier Esports (Private) Limited (hereafter referred to as “Frontier Esports” or “We” or “Us” or “Our”). Your use of Our Application and the Services provided through it or related to it are governed by, and subject to, these Terms and Conditions (the “Terms”).
“Service” or “Services” means any of the Application or other products or services provided or offered by Us, including those described in these Terms, whether through the Application, through a social network, a mobile application, on a cellular telephone, or otherwise.
By using Our Application or Service, you agree to abide by the Terms as set forth below. These Terms are between You, the User (“You” or “Your”) and Us, and govern Your access to and use of the Application and all products and Services offered by Us.
Your access to and use of the Application or Services is conditioned on Your acceptance of and compliance with these Terms as well as Your compliance with:
the Pryze Rules (the “Rules”)
the Privacy Policy (“Privacy Policy”)
the Anti-Money Laundering Policy (“AML Policy”)
We do not represent that Our Application or Service is governed by or operated in accordance with the laws of all nations, or that Our Application or any portion of it is appropriate or available for use in any particular location. If you choose to access Our Application or use Our Services, you do so at Your own risk, and You are responsible for complying with all applicable laws, rules, and regulations in Your nation or territory.
The Terms set out the formal terms and conditions for using and playing the games available through the Application or Services and constitute a binding agreement between You and Us. These Terms govern Your access and use of the Application and Services.
Please read these Terms carefully before You decide whether to accept them. If You do not agree to these Terms, You may not access, browse, or use the Application or Services, and should discontinue Your activities immediately. If You access Our Application, You are agreeing to these Terms.
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1 Terms acceptance - By accepting, accessing, and/or using the Services, You acknowledge and affirmatively signify that:
You have read and understood these Terms, the Privacy Policy, the AML Policy, and the Rules, controls, and guidelines which can be found within the Application, all of which are incorporated herein by reference;
You have evaluated the laws, regulations, and directives relating to Your use of the Application or Services, and Your use or access to the Application or Services will not violate any applicable law, regulation, or directive;
You are an individual and You are over eighteen (18) years of age and over the legal age of majority under applicable law in the jurisdiction in which You reside;
You are authorized and able to accept these Terms;
You are physically located in Pakistan, where the Game or Competitive Mode (as defined in the Rules) You select is unrestricted by that jurisdiction’s laws; and
You understand that We carry out anti-money laundering verification procedures for account set-ups and that Your eligibility to play these games is subject to compliance with these requirements.
1.2 Changes to the Terms - We reserve the right to amend or replace any part of these Terms, as well as the Rules, Privacy Policy, and AML Policy, without prior notice. You agree that We may notify You of any updated or new Terms by posting a notice on the Application or by posting a notice to Our applications and that Your continued use of the Services following the posting of revised Terms shall constitute Your agreement with those changes. We also reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.
1.3 Shariah Compliance – Pryze operates as a skill-based competitive gaming platform in full compliance with Shariah Law. To ensure our continuous alignment with Shariah principles, we have established a Shariah advisory board that rigorously monitors and evaluates our platform`'`s activities. This board provides ongoing guidance and oversight to ensure that all aspects of our operations are in accordance with Shariah Law.
2. COMPETITIVE MODES AND ELIGIBILITY
2.1 Free Play - All games provided in the Services can be accessed for free in Free Play mode. You don’t need an account to play a game in Free Play mode; however, by playing in Free Play mode, You are still bound by these Terms.
2.2 Tournaments - Our games also provide You with the option to play against other people in Competitive Modes requiring You to pay an entry fee (“Tournaments”). Prior to playing Tournaments, You must read the Rules carefully.
2.3 Eligible Jurisdictions - You acknowledge that various rules, regulations, and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes may govern Your participation in competitions and that such laws are set up by each individual state, country, territory, or jurisdiction. The Tournaments accessible through the Services are only open to residents in Pakistan where such activities are legal and permitted.
You must not access Our Tournaments or open an account from any other jurisdiction, and in particular in a jurisdiction in which it is illegal for You to do so.
2.4 Personal location data - We reserve the right (but have no obligation) to monitor Your location.
2.5 Competition cancellation - We reserve the right to cancel any competition, Game, or Game Mode without notice and at its sole discretion. We may, but are not required to, provide a refund for the cancellation of a pending competition. Any decision to provide a refund is at Our sole discretion.
3. ACCOUNT MANAGEMENT
3.1 Registration
When You ask to open an account with Pryze (“Pryze Account”), You must provide correct personal details including:
a unique username and password;
contact information, such as Your name, birth date, phone number, and email address;
and
any other information We request on the account registration form.
You agree that all information and data that You provide to Us, either at the time You register for an Account or at any subsequent time, will be truthful, accurate, and verifiable, and, by providing such information and data, You expressly consent to allow Us to submit the information and data to third-party providers for age verification and other identification services to verify Your Account. You agree You will not create an Account using false information, or on behalf of someone other than You. We will require You to verify Your phone number to complete the Account opening. We may need to collect certain other information from You and from Your internet-enabled device in order to make the Application and Services available to You, such as hardware system profile data, internet connection data, and any other data related to the operation of the Application and Services from any device that logs onto the Services using Your Account. We will use this information in accordance with the Privacy Policy.
We require players to be at least eighteen (18) years old to register an Account. The Application is not directed toward and is not intended for use by any person under eighteen (18) years of age. We do not knowingly collect information about children under eighteen (18). If You are under eighteen (18) years of age, You are not permitted to register an account and may not submit any personal identifying information to Us.
3.2 Investigation
In order to play Tournaments and obtain awards, You must create an Account and satisfy additional anti-money laundering procedures as defined in the AML Policy. We may seek to verify the information that You provide, and You have an affirmative obligation to assist Us with this process during the time You have an account with Us. We reserve the right, at any time and in its sole discretion, to investigate Your Account, including performing background checks and credit checks, in order to ensure compliance with these Terms and to ensure that no improper or illegal activity is or has taken place.
3.3 Multiple accounts
You are only permitted to have a single Account and may not use or access multiple accounts at the same time. If We discover that You are using multiple accounts, we may terminate or suspend any or all duplicate Accounts.
3.4 Account security
You acknowledge and agree that Your Account is personal to You and that You are not entitled to transfer Your account to any other person. You shall not rent, sell, or give away Your Account Information. You are responsible for keeping Your Account information secure, secret, and confidential. You shall not give Your Account Information to anyone else, nor allow anyone else to use Your Account Information or otherwise jeopardize the security of Your account. You must immediately inform Us if You suspect that another person has obtained access to Your Account. You remain fully liable for any actions taken with respect to Your Account, regardless of whether these actions were taken by You or by an unauthorized third party that has gained access to Your Account. You are solely responsible for maintaining Your account or using the Application, including without limitation, in-app purchases, whether or not authorized by You, and You agree to fully compensate Us for any losses or harm in case You fail to keep Your Account Information confidential, or if You share Your Account Information with a third party.
3.5 Employee policy
No Frontier Esports executives, managers, directors, employees, consultants, or agents, nor their relatives (e.g., spouse, partner, parent, child, or siblings) are authorized to open or hold a public playing Account or to compete against the public players. As an exception, some employees may be allowed to hold a public playing Account or to compete against public players only for testing purposes intended to improve Our Services experience. In such a case, the public player competing against an employee will be credited back and the employee will not receive any benefit from the Account.
3.6 Suspension
We also reserve the right to suspend or terminate Your Account if We have not received or do not have current and verifiable personal information. Without limiting the foregoing, if We, in Our sole discretion, find that You have violated these Terms, the Rules, We will permanently terminate Your Account. If You have had an Account that was previously terminated or You otherwise have had Your access to the Application or Services terminated, You will not be permitted to register for a new account or become a User without Our express consent, which We may withhold in Our sole discretion.
3.7 Account Deletion
You have the right to delete Your Account at any time. You acknowledge and agree that if You delete Your account, or if We delete Your account in accordance with these Terms, You will lose access to any data in Your account, including, but not limited to, Your game progress, any achievements or awards, any Virtual Items, and other data, information, content, and materials relating to Your account.
4. TOURNAMENTS
4.1 Tournament Entry
The entry fee required to enter the Tournament will be displayed before Your entry into the Tournament that You wish to join.
4.2 Coins
We may grant You at Our sole discretion free “Coins” through Our Services. On signup and as a referral bonus, You may receive Coins depending on Our policies, which can vary from time to time. Coins can be used to enter Tournaments but cannot be withdrawn or used for any other service. The Coins can be used across different tournaments and not all at once.
5. CONDUCT AND BEHAVIOR
5.1 General Law Compliance
You may use the Application and/or Services only for lawful purposes. You shall be solely responsible for any content and activity of any kind that You make available by uploading, transmitting, sending, communicating, or otherwise through Our Application or Services.
5.2 Username and Avatar
Your Username and profile picture (”Avatar”) must not be obscene, lewd, slanderous, pornographic, improper, abusive, violent, insulting, indecent, threatening, or contain any harassing language of any kind or infringe any intellectual property right or other rights of a third party. We can require You to change Your Username, profile photo, or any other content submitted or uploaded, at Our sole discretion. We retain the right to disable, suspend, or terminate Your Account if You do not comply with its requirements.
5.3 User Content
You represent that all data, information, and communication, including without limitation any chat text, image, graphics, sound, video, tags, or other materials (“User Content”) that may be uploaded, transmitted, sent, communicated, or otherwise made available through Our Application or Service by You shall remain accurate, complete, and true. We do not guarantee that other Users/players will not copy or use the ideas or information that You make available. If You have any information that You would like to keep confidential and/or do not want others to use, do not make it available through the Application or Service. We have no responsibility to evaluate, use, or compensate You for any ideas or information You may choose to share or make available. When You use the Application or Service, You acknowledge and agree that there may exist offensive, indecent, or otherwise objectionable material. We are not responsible for any User Content that is uploaded, transmitted, sent, communicated, or otherwise made available through Our Application or Service by You or other Users, is not responsible for monitoring the Application or Service, and assumes no obligation to modify, edit, remove or delete for inappropriate content or conduct and no obligation to modify, edit, remove or delete any inappropriate content. Pryze does not pre-screen or monitor User Content and Users’ conduct. Pryze does not guarantee the quality, accuracy, or integrity of User Content on Our Service. Pryze cannot be held liable for any such User Content, including, but not limited to, errors, loss, or damage. Your use of the Application or Service is at Your own risk.
We are not required to, although we may, regulate, monitor, and/or record Your interactions with the Application or Service, or communications (including without limitation chat text) when You are using the Service. We are not obliged to but are authorized to, review, monitor, prohibit, edit, remove, delete, disable access to, or otherwise make unavailable any User Content without prior notice for any reason or for no reason at any time. By installing, using, or otherwise accessing the Application or Service, You hereby provide Your irrevocable consent to such regulation, monitoring, and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content, including, but not limited to, chat text or voice communications.
You are responsible for any User Content that You submit and acknowledge and agree that no User Content that is uploaded shall violate Our Community Guidelines or shall be:
harassing, illegal, defamatory, threatening, inflammatory, profane, libelous, defamatory, offensive, pornographic, inappropriate, abusive, racist, obscene, indecent, unlawful, or otherwise objectionable, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or the Rules. We shall have sole discretion to judge whether You have committed a breach of this provision;
a misrepresentation or constitute fraud;
protected by law, including without limitation confidential information, copyright, trademark, patent, trade secrets, or any other proprietary rights or in violation of any applicable laws and regulations or contractual restrictions;
marketing or advertising for any good, service, business, or other organization;
an invasion of a third party`'`s privacy or an impersonation of another person and/or User;
with or contain viruses, malware, or any other malicious code, files, or programs designed to interrupt, destroy or limit the functionality of any software or equipment; or
otherwise prohibited by applicable laws and regulations.
In exchange for the use of the Application or Service, You hereby grant to Us a sole, exclusive, irrevocable, perpetual, transferable, sublicensable, assignable, fully paid-up, royalty-free, worldwide license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your User Content as well as all modified and derivative works, including marketing and promotions of the Service. You also hereby grant Us the right to authorize others to exercise any of the rights granted to Us under these terms. You further hereby grant to Us the unconditional, irrevocable right to use and exploit Your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by law, You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner. Pryze does not claim any ownership rights in Your User Content and nothing in these Terms is intended to restrict any rights that You may have to use and exploit Your User Content. Pryze is not obliged to monitor or enforce Your intellectual property rights in or to Your User Content.
5.4 Access Rules
You represent and warrant to Us that You will not:
Use as a Username a name subject to any rights of a person other than Yourself without appropriate authorization;
Use false information or impersonate any person or entity or misrepresent Your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Application or any person or entity otherwise affiliated with Us;
Submit false or misleading information to Us, including false location information and/or use tools that anonymize Your Internet Protocol address or Geolocation to access Our Application;
Intentionally achieve competitive advantage through poor play in certain games, collusion with other players, deliberate transfer of money between accounts, harassment of other participants, or the creation of multiple Pryze Accounts;
Circumvent, interfere with or seek to interrupt or disturb any security feature of Our Application or any feature that restricts or enforces limitations on the use of or access to Our Application;
Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and/or organization of Our Application or any portion thereof, except where required by applicable local law, and then only to the extent required by such law(s);
Hack, attack, copy or alter any Content on the Application or obtain or attempt to gain unauthorized access to Our Application and/or other computer systems, materials, information, or any Content or Services available on or through the Application through any means, including through means not intentionally made publicly available or provided through the Application;
transmit, disseminate or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code or program or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, Web bugs, cookies and/or similar devices;
Other than as the result of a standard search engine or Internet browser Usage, use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper, or offline reader that accesses Our Application, or use or launch any unauthorized script or other software;
Engage in any automatic or unauthorized means of accessing, logging in, or registering on the Application, or obtaining lists of Users or other information from or through the Application, including any information residing on any server or database connected to the Application;
Engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity whose purpose is to obtain lists of Users, their personal identity information, or any other information We maintain about Our users;
Mislead, defraud or trick Us or any User(s), especially if You are seeking to learn sensitive information about any User or their Account, including Usernames, passwords, and/or other information;
Attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Application or any of its Content and/or Services;
Use the Application to violate the security of any computer network or transfer or store illegal material;
Use the Application or any of its features, Content, and/or Services in any manner that could interrupt, damage, disable, overburden or impair the Application or interfere with any other User’s use and enjoyment of the Application, including, but not limited to, sending chain letters, pyramid schemes, spam, mass unsolicited messages or “flooding” servers;
Submit any comments, content, or materials to Us or any third party Website that falsely expresses or implies those comments or Content or materials are endorsed by Us;
Post, upload, transmit, publish, reproduce or otherwise disseminate through the Application any Content that We determine in Our sole discretion is:
unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise infringes Our or any third party’s intellectual property or other rights;
derogatory or harmful to Our reputation or that of any affiliated individuals or entities, including Affiliated Parties;
harmful to children in any manner; and/or
seeking to or discriminating against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis;
Use the Application or any of its Services in violation of the intellectual property or other proprietary or legal rights or Our rights or those of any third party;
Violate the intellectual property, contractual, personal or other rights of any individual or entity, or promote or constitute illegal activity;
Remove, obscure or change any notice, banner, advertisement, branding elements, copyright, trademark, hyperlink, or other proprietary rights notices contained in or on the Application or any of its Content or any of Our code embedded in or embeddable on Our Application or any third-party application, and/or Our software or any software on any third-party application;
Violate any of these Terms, Our Privacy Policy, or any local, state, provincial, federal, national, or international law, rule, or regulation, or any rules of conduct posted with respect to any individual feature of Our Services or that of any third party to whose site We link.
You acknowledge that We are not responsible for any damage, loss, or injury to You resulting from any improper or unauthorized access or use of the Services by any third party.
5.5 Intellectual Property Infringement, Unauthorized Commercial Activity, Fraud, and Abuse
You shall not (and shall not permit any third party) to (a) take any action or (b) upload, submit, post, or otherwise distribute or facilitate distribution of any content or User submission on or through the Services that:
infringes, misappropriates, uses, or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party;
violates any right of publicity, or another right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam, and privacy laws and regulations;
involves commercial activity not expressly permitted by Us;
contains any harmful or malicious software or computer codes, files, or programs that are designed or intended to damage, disrupt, defraud, interfere with, or limit, the proper functionality of any software or hardware, or that enables obtaining unauthorized access to any system, data, password or other information of Us, Our users, or any other individual or entity;
impersonates any individual or entity, including, without limitation, employees or representatives of Us; or
intentionally achieves competitive advantage through poor play in certain games, collusion with other players, deliberate transfer of money between accounts, harassment of other participants, or the creation of multiple Pryze Accounts.
5.6 Damage to Reputation
You warrant You will not commit any acts or display any conduct that damages or has the potential to damage Our or any of its affiliates’ reputation. We retain the right to judge whether a certain action is defamatory or damages its reputation and to take any measures, including the deletion of posts and/or terminating an Account.
5.7 Gambling Prohibition
Competitive Modes are games of skill and are purely halal and may not be manipulated in a manner (or otherwise used) in conjunction with any form of gambling.
6. Breach of Terms
6.1 Breach Event
You accept that breach of any of the provisions hereunder shall entail, as We see fit, in its sole discretion, including without limitation:
Immediately suspending a User`'`s access to the Services;
Terminating the User`'`s Account;
Seizing the Account balance;
Disclosing the User`'`s registration information (including the identity of the User) to financial institutions, relevant authorities, and/or any person or entity that has the legal right to such information; and/or
Taking all legal action, including the filing of a criminal or civil action.
6.2 Right to Report
We reserve the right, at its sole discretion, to report any suspicious activity, including potential money laundering, or other illegal activity, and to transmit any information to the appropriate authorities without notice to You.
7. Mobile Services
7.1 Use of Services on Devices
The Services are made available via Your mobile device. Your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using the Service may be prohibited or restricted by Your carrier and/or internet provider, and the Services may not work with all carriers or devices. By using the Services, You agree that We may communicate with You regarding Your use of the Services and Your Account by SMS, MMS, text message, or other electronic means to Your mobile device and that certain information about Your Usage of the Services may be communicated to Us in accordance with the Privacy Policy. In the event You change or deactivate Your mobile telephone number, access to Your Account may be suspended until Your Pryze account is updated accordingly.
7.2 License to Use the Services
We hereby grant You a personal non-exclusive, non-transferable license to use the Services to play Our games and install the Services on only one mobile device in accordance with these terms and conditions and the Rules. For clarity, the foregoing is not intended to prohibit You from installing and backing up the Services on another device on which You also agreed to these Terms.
7.3 Distribution Channels
The Application or Services are made available through the Google Play Store. If You download the Application or Services through this Distribution Channel, You may be subject to additional terms of the Distribution Channel. To the extent that You utilize any third-party products and services in connection with Your use of the Services, You agree to comply with all applicable terms of any agreement for such third-party products and services.
8. Equipment and Devices
8.1 Maintenance
You accept that You are solely responsible for the supply and maintenance of all the computer equipment and telecommunication network and internet access services that You use in order to access the Services, including mobile devices (hereafter referred to as “Devices”). We will not be liable for any losses caused to You by any failure of Your mobile, computer equipment, telecommunications network, and/or internet access. It is Your responsibility to protect Your system from all computer viruses and We shall not be held responsible for any losses incurred in relation to any viruses.
8.2 Security Disclaimer
We do not guarantee that the games are entirely secure and exempt from error or that they will always be available.
8.3 Devices Disclaimer
We do not warrant that the Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use the Services, as updated from time to time.
8.4 Updates
We shall use Our best efforts to inform users of any necessary implemented or upcoming updates that will be launched on Our Services.
9. Reports of Complaints and Waivers
9.1 Report of Complaint
You and We agree any dispute, claim or controversy arising out of or relating in any way to Our Application, Services and Content, including, but not limited to, Our Application, Our Content, products, Services, and User interfaces, Our Privacy Policy and/or Our privacy practices generally, these Terms, and this Arbitration Agreement shall be determined by binding arbitration.
YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE PAKISTAN ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR PRIVATE ATTORNEY GENERAL ACTION. This arbitration provision shall survive termination of these Terms.
9.2 Informal Resolution
Prior to initiating arbitration, You must first raise Your complaint with the customer support team using the following details: support@pryze.io (“Informal Resolution”). If the parties do not reach an agreed-upon solution within ninety (90) days from the time the informal dispute resolution is commenced (the first date You first contacted customer support), then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them. To the extent permitted by applicable law, any dispute must be filed within one year from the date Informal Resolution was commenced or such claim is barred.
9.3 Class/Collective/Representative/Private Attorney General Waivers
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. If any court or arbitrator determines that the class, collective, or representative action waiver set forth in this Section is void or unenforceable for any reason or that arbitration can proceed on a class, collective, or representative basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
10. Arbitration Process and Governing Law
10.1 Initiation of Arbitration
If the parties do not reach an agreed-upon solution within ninety (90) days from the time the informal dispute resolution is pursued as discussed in Section 10.2 above, then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them, subject to the terms set forth below:
All claims and disputes arising out of or relating to this agreement or its Terms (including their interpretation, applicability, formation, performance, and breach), the Privacy Policy, the SMS Terms, the Application, the Services, the Content, and/or Your use of any of the Application shall be finally settled by binding arbitration administered by Pakistan Arbitration Council under their rules and procedures as applicable, including the commercial arbitration rules, as modified by this agreement (excluding any rules or procedures governing or permitting class, collective, or representative actions or proceedings).
This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Pakistan Arbitration Act shall apply to the interpretation, applicability, enforceability, and formation of the agreement to arbitrate notwithstanding any other choice of law provision contained herein. The arbitration provisions shall survive termination, if any, of this agreement.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the agreement to arbitrate, including without limitation any claim that all or any part of this agreement to arbitrate is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Your arbitration fees and Your share of arbitrator compensation shall be governed by the arbitrator rules, as appropriate, but shall not incorporate class action procedures or any rules or procedures governing, allowing, or permitting class, collective, or representative actions or proceedings. The arbitration shall also be governed, as appropriate, by Pakistan Arbitration Council`'`s Consumer Minimum Standards, including the then-current limit on arbitration filing fees. The Pakistan Arbitration Council rules governing the arbitration may be accessed at http://www.pakistanarbitrationcouncil.org/ or by calling Pakistan Arbitration Council at +92-21-111-123-456.
Unless You and We agree otherwise, any arbitration hearing will take place in Karachi, Pakistan. If the value of the relief sought is PKR 10,000 or less, You or Frontier Esports may elect to have the arbitration based solely on written submissions, which election shall be binding on You and Frontier Esports, subject to the arbitrator`'`s discretion to require an in-person hearing. The arbitrator`'`s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial, to the extent allowed by law. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Notwithstanding the parties`'` decision to resolve all disputes through arbitration, as an exception to resolving all disputes through binding arbitration, to the extent that a dispute arises from:
a violation of enforcement of Our intellectual property rights in any manner (but not, for clarity, a dispute or claim related to the license granted to You under these Terms); or
allegations of theft, piracy, unauthorized use, or a violation of the Pakistan Computer Fraud and Abuse. In that circumstance, the parties agree that either party may seek injunctive remedies (or an equivalent type of urgent legal relief) in court, subject to further provisions below.
10.2 Opt-Out
You have the right to opt-out and not be bound by the binding arbitration provisions set forth herein by sending written notice of Your decision to opt-out to the following address support@pryze.io. The notice must be sent within thirty (30) days of the earlier of Your first download of the applicable Application or Your commencing use of the Application or Service. Your request will only be effective and enforceable if You can prove the request was properly sent to the correct email address within the applicable 30-day deadline. Otherwise, You shall be bound to arbitrate disputes in accordance with the terms of Section 11. If You opt-out of these arbitration provisions, We also will not be bound by arbitration provisions set forth herein.
10.3 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Pakistan, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of Karachi, Pakistan.
11. Limitation of Liability
11.1 Accessibility
The Application may be accessible internationally. However, some of its features or functions may not be assessable or appropriate for use and/or may not be available to all persons or in all geographic locations. We make no representation that the Application or Our Content or Services are appropriate or authorized for use in all countries, states, provinces, counties, localities, or any other jurisdictions. Your access and use of the Application may not be legal in Your jurisdiction. If You choose to access, browse, or use the Application, You do so on Your own initiative and at Your own risk, and You are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.
11.2 As Is
THE APPLICATION, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE SITE OR ITS CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF THE SITE OR THE DOWNLOADING OF ANY CONTENT ON THE SITE. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES, AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to You based on where You reside or access Our Application.
11.3 Limitations
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR APPLICATION OR SERVICES OR INABILITY TO USE OUR APPLICATION OR SERVICES, OR FOR ANY CONTENT, ERRORS OR OMISSIONS, INFORMATION, INVESTIGATION, INTERRUPTION, SECURITY BREACH, VIRUS, OR SOFTWARE ISSUE OR MALFUNCTION RELATED TO THE APPLICATION OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF FORESEEN. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, Our liability shall be limited to the fullest extent permitted by law.
11.4 Monetary Limit
In no event shall Our total liability to any User for all damages, losses, and causes of action exceed the amount You paid to Us during the three (3) months preceding the claim. You acknowledge and agree that, if You have not paid anything to Us during this time period, Your sole remedy (and Our exclusive liability) is for You to stop using the Application and Service and cancel Your Account.
11.5 Injunctive Relief
You acknowledge that the rights granted and obligations made to Us under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm Us and which cannot be replaced by monetary damages alone so that We shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material Used or displayed through the Application.
12. Indemnity
You acknowledge and agree to indemnify, defend and hold Us and Our members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of Your use of the Application or Services, or any breach by You of the Terms.
13. Intellectual Property Rights
13.1 License
Frontier Esports and its distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all the content and materials on the Application (the “Content”) and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademarks, trade secrets, trade names, and all other proprietary rights, and patent rights. Content includes, but is not limited to, titles, computer codes, texts, graphics, images, arts, sounds, music, video, audio and/or audiovisual effects and combinations, interactive content, recording of gameplay made using the Application, software, feedback, comments, communication, suggestions and any other material, look-and-feel, design, layout, organization, presentation, User interface, navigations and stylistic convention of the Application. All rights not expressly granted to You herein are reserved by Us.
13.2 Commercial use
As long as You are in compliance with these Terms, We provide You a non-exclusive, personal, non-transferable, revocable limited license to the Application or Services only for Your personal private non-commercial, entertainment use (excluding any related object or source code). You must exercise this license in accordance with these Terms and You are not authorized to use the Application for any other purpose.
13.3 Content protection
You must not copy, reproduce, republish, redistribute, modify, license, sublicense, distribute, transmit, display, perform, publish, reverse engineer, create derivatives based on the Application or any part of Our Application, create or make available to the public any work related to Our games, or otherwise exploit, through any means or media, any of the Application’s Content.
14. Term and Termination
14.1 Termination of Account by User
We can, upon User request, delete an Account. Such a request must be sent to support@pryze.io. Once a request is received and confirmed, We will delete all User information, except for the information that We are legally obliged to retain or which may be necessary for establishing, exercising, or defending legal. After an account is deleted, the User will not be able to recreate an Account with Pryze. Immediately upon termination of Your Account, all licenses, and rights granted to You under these Terms automatically terminate. If You choose to close Your Account, any funds in your Account will be forfeited.
14.2 Termination of Services by Pryze
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to:
stop offering and/or supporting the Services or any particular game or part of the Services;
terminate or suspend Your license to use the Services or any part of it;
modify or discontinue the Services;
modify or remove any of the information contained in the Services;
limit the Services`'` availability to any person, geographic area, or jurisdiction;
charge fees in connection with the use of the Services;
modify and/or waive any fees charged in connection with the Services; and/or
offer opportunities to some and all Users of the Services.
If that happens, We are not required to provide refunds, benefits, or other compensation to players in connection with discontinued elements of the Services or for Virtual Items previously awarded or purchased. If We unilaterally suspend or terminate your Account due to a violation involving fraud, illegal behavior, or cheating (as determined in Our sole discretion) of these Terms, funds in your Account may be forfeited and not returned to you. You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate Your acceptance of such changes in the Services and in these Terms.
14.3 Termination in case of violation of Terms
Notwithstanding any of the above, We may, at its sole discretion, permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the Application or Services without notice.
14.4 Survival
Upon termination of Your account, for any reason, You continue to be bound by these Terms.
15. Entire Agreement and Severability
The Terms and the policies and agreements incorporated herein by reference (pryze.io/terms), as amended, constitute the entire agreement between You and Pryze. In the event of a conflict with any incorporated agreement, these Terms shall control. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Us, with respect to Your use of the Application and all matters relating to Your access to, and/or use of, the Application or Services. If any part of the agreement is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
16. Assignment of Rights
You may not transfer, assign, sub-license, or pledge in any manner Your account or any of Your rights or obligations under these Terms. We may transfer, assign, sub-license, or pledge in any manner any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party, without notifying You or receiving Your consent.
17. Language
You acknowledge that these Terms and all documents incorporated by reference have been drafted in English. If any of the agreements are translated into another language, the English language text shall in any event prevail.
18. Compliance
Should there be any question of Your compliance with these Terms, We may request, and You must provide, any information, documentation, or releases necessary to prove such a fact.
19. Construction and Waiver
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceedings that may arise between the parties. The headings in these Terms are for reference only and do not affect the interpretation of this agreement. You hereby waive any and all defenses resulting from the fact that these Terms are in electronic form and the acknowledgment of an agreement to said Terms does not require the physical signature of the parties to be binding and in effect. Any failure on the part of Pryze to exercise any rights or provisions under these Terms shall not constitute a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be express and in writing.
20. Force Majeure
Should there be any Act of God or other force majeure, such as war, terrorist act, civil or military action, embargo, riot, strike, fire, flood, accident or energy shortage, pandemic, or any other cause outside of Our control, We shall not be liable for any delay or failure of the Application’s provision.
21. Third Parties
21.1 Third-party application
We may link to third-party services or Websites (including without limitation advertisements served by third parties) and/or the third-party services may be made available to You via Application. You understand that We make no promises regarding any content, goods, or services provided by such third parties and We do not endorse the same. We are also not responsible to You in relation to any losses or harm caused by such third parties. Any charges You incur in relation to those third parties are Your responsibility. You understand that when You provide data to such third parties You are providing it in accordance with their terms and conditions and privacy policy (if any) to which We are not a party.
21.2 No third-party beneficiary
Except as explicitly provided herein, nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits, or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
22. Notice for Users
Under Pakistani Civil Code, Users of the Application are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Pakistani Department of Consumer Affairs may be contacted. Please refer to their official website for the latest address and contact details.
23. Contact
If You have any questions about these Terms or the Services in general, please contact Us at support@pryze.io. Subject to the content of Your inquiry, We may request that You provide additional information in order to allow the appropriate handling of Your inquiry.
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Revolutionizing the mobile gaming experience in Pakistan with the