These terms and conditions of use (“Terms of Use”) along with other
policies available on our platform forms a legally binding agreement
between You and Magenta Brass Private Limited (“Magenta Brass”, “Our”,
“We”, “Us”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY
MOBILE GAMES OR/AND USING THE MAGENTA BRASS PLATFORM.
If You do not agree with any part of these Terms of Use or/and
Privacy Policy, kindly refrain from playing any Mobile Games or
otherwise using Our services on the Platform.
We have tried Our best to keep these Terms of Use as simple and
short as possible. Nevertheless, We realise that despite all Our
efforts, this is a rather long document. For Your convenience, We have
summarised some of the key clauses and linked them to the relevant
section. Bear in mind that the summary highlights just the key aspect
of the relevant section and not the entire section itself. So please
refer to the section itself to get the full picture.
You may
only use Our web portal , partner websites, mobile applications and
other portals (collectively, the “Platform”) if You agree to abide by
the terms and conditions as laid down in this Agreement. To better
understand the scope of these Terms of Use, how they may be updated
and the meaning of the various words used in these Terms of Use please
refer to the Introduction section of these Terms of Use.
Only
people of sound mind who are above 18 years of age may use this
Platform.
This Platform may not be used by residents of Assam,
Odisha, Nagaland, Sikkim, Tamil Nadu, Andhra Pradesh and Telangana.
Further, there may be certain games that may be restricted in some
additional states. To understand more about who may use this platform
please refer to Our Eligibility section.
You may register on the
Platform and add cash to Your account by following the registration
procedure laid down in the section on Nature and use of the Platform.
Please note that Your User Details will be accessible to other
users on the Platform.
The rules governing Your participation in the Contests available
on Our Platform are available at Our section on Participation.
Further, each Mobile Game may be subject to its own Game Rules and
Code of Conduct. To understand Mobile Games better please refer to Our
section on Mobile Games.
Please note that We have the sole discretion to determine the
terms applicable on any Contest including the Awards to be given in
any Contest. Further, the Entry Fee for any contest is non-refundable
and may only be refunded under the circumstances stated in Our Return,
Refund and Cancellation policy.
Winnings may be withdrawn by You from Your account, subject to
the completion of KYC verification and will be subject to TDS
deductions.
Only skill-based games are available on Our Platform. To
understand more about the nature of games offered on Our Platform
please refer to Games of skill section.
We further request that You follow the precautions laid down in
Our Safety section while playing Mobile Games on Our Platform.
While using the various communication channels provided on Our
Platform You must abide by rules stated in Our Community rules and
code of conduct section.
You may not use the Platform in ways stated in Our Restrictions
section. You will indemnify Us in the event We suffer any losses on
account of Your use of Our Platform or Your failure to abide by this
Agreement.
Circumstances under which Your access to the Platform or this
Agreement may be terminated are stated in the Termination section.
Your use of this Platform is completely at Your own risk. We
disclaim all warranties in relation to the Platform. To understand
more please refer to Our Disclaimer section.
Any dispute between You and Us will be resolved by way of
Arbitration which will be conducted in Bangalore by a sole arbitrator
appointed by Us. For further details refer to Our Governing law and
dispute resolution section.
For information about Our Referral program, Open Magenta Brass
app and visit the Referral program section
If You have any
complaints or grievances over any of the Services offered on the
Platform, please contact our Grievance Officer.
To know about our Anti-Money Laundering Policy, see below
Introduction1.1. Magenta Brass Private Limited is an Indian
company incorporated under the Companies Act, 2013. Magenta Brass
operates a mobile gaming portal in India, which offers various skill
and learning based digital games developed by Third-Party Game
Developers and other promotional and interactive features
(collectively “Services”) through its web portal , partner websites,
mobile applications and other portals (collectively, the “Platform”).
1.2 . Capitalized terms used herein but not defined shall have
the meanings ascribed to them under section 1.9 (Definitions and
Interpretation) of this Agreement.
1.3 . This Agreement shall
apply to all Persons who visit the Platform, or create a player
Account including any contributors of content over the Platform,
and/or any third party interacting with Magenta Brass directly or
indirectly in official capacity or having/intending to have business
or commercial relationships with Magenta Brass whatsoever (the
“Users”, “You” or “Your”) as applicable.
1.4 . By registering
on, browsing, downloading, using or accessing any part of the Platform
or utilizing the Services, the Users agree to be bound by this
Agreement.
1.5 . If at any time the User does not accept or
agree to any terms of this Agreement, on a continuing basis in
relation to any of the Services offered on the Platform, they should
not access the Platform.
1.6 . Magenta Brass reserves the right
to periodically review, update, change or replace any part of these
Terms of Use or other terms of the Agreement as it may consider
appropriate at its sole and absolute discretion
1.7 . Any
changes to these Terms of Use will be posted on this page wherever
appropriate. The Users must visit this page periodically for updates
on the Terms of Use applicable to their use of the Platform.
1.8
. Any Users’ continued usage of the Platform after any such update,
change, replacement or modification in the Agreement constitutes their
valid consent to such changes.
1.9 . Definitions
1.9.1 . “Agreement” shall mean these Terms of Use, the Privacy
Policy and any other rules or policies available on the Platform
including all other additional or modified terms and conditions and
policies in relation to the Platform or any current or future services
that may be offered by Magenta Brass. This Agreement is published in
accordance with the provisions of Rule 3(1) of the Information
Technology (Intermediary Guidelines) Rules, 2011. This Agreement is an
electronic record generated by a computer system and does not require
any physical or digital signatures.
1.9.2 . “Applicable Law”
means all laws, statutes, common law, regulations, ordinances, codes,
rules, guidelines, orders, permits, tariffs and approvals, including
those relating to health and safety, of any governmental authority or
self-regulatory guideline that may apply to the Users or is related to
the subject matter of this Agreement as applicable in the territory of
India.
1.9.3 . “Contest” is a skill based competition offered by
Magenta Brass on the Platform in which Users compete either in a
tournament or 1v1 battle by playing the Mobile Games on the Platform.
Contests can be either ‘paid’ or ‘free to play’. Paid Contests require
the Users to pay an Entry Fee for participation, whereas free to play
Contests are open to all Users without any Entry-Fee.
1.9.4 .
“Balance” is the credit (either in the form of cash or Magenta Brass
Tokens) available in an Account and includes amount added by a User
through Deposits or/and earned through Winnings by participating in
Contests on the Platform.
1.9.5 . “Deposit” is the amount added
by the User to his/her Account through his/her preferred payment mode
(e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit
conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one).
1.9.6 . “Entry-Fee” refers to the fee which Users pay either in
the form of cash Balance or Magenta Brass Tokens available in their
Account to participate in a Contest on the Platform.
1.9.7 .
“Mobile Games” refers to the digital games of skill including fantasy
games available on the Platform developed by Magenta Brass or
Third-Party Game Developers.
1.9.8 . “Person” shall mean any
natural person, limited or unlimited liability company, corporation,
partnership (whether limited or unlimited), proprietorship, Hindu
undivided family, trust, union, association, government or any agency
or political subdivision thereof or any other entity that may be
treated as a person under the Applicable Law.
1.9.9 . “Prize
Money Pool” is the actual or projected amount that is to be
distributed amongst the winner(s) of the Contest and is declared at
the start of the Contest.
1.9.10. “Sponsored Content” means
content distinct from other regular editorial content provided by
Magenta Brass and displayed on the Platform in the form of audio,
video, text and/or image media which supports a third party’s brand
message, promotional offers, discounts and/or views that are readily
identifiable to belong to a third-party upfront through distinct and
distinguishable font, colour, display schemes and/or usage of
disclaiming words (such as “Ad”, “Powered by”, “Sponsored by”, “With”,
“Advertorial” and such other phrase of similar meaning).
1.9.11
. “Sponsored Content Partner” means a User engaged with Us for the
display of Sponsored Content on the Platform.
1.9.12 . “Third
Party Game Developer” refers to any Person (natural or juristic) whose
Mobile Game is available on the Platform.
1.9.13 . “Magenta
Brass Token” is an award in the form of Magenta Brass tokens that may
be given to any User at Magenta Brass’s sole discretion for
participating on the Platform.
1.9.14 “Winnings” are awards
(either in the form of cash, Magenta Brass Tokens or promotional
gifts) given to a User for winning or/and performing well in a
particular Contest on the Platform.
1.10 . Interpretation
1.10.1 . Any reference to the singular includes a reference to
the plural and vice versa, and any reference to one gender includes a
reference to other gender(s), unless explicitly provided for.
1.10.2 . Headings and captions are used for convenience only and
not for interpretation of the Agreement.
1.10.3 . Any reference
to a natural Person shall, include his/her heirs, executors and
permitted assignees and any reference to a juristic Person shall,
include its affiliates, successors and permitted assignees, unless
repugnant to the context.Eligibility
2.1 . Any browsing, registering, downloading, using or accessing
by any Person of any part of the Platform or utilisation of any of the
services offered by Magenta Brass will be deemed to constitute a legal
contract between the User and Magenta Brass.
2.2 . A User may
use the Platform if (a) it is a natural Person, as per any Applicable
Law, regulation or generally accepted practices or guidelines
applicable in the country of which User is a citizen, in which User is
a resident or from where User uses the Platform; or (b) it is a
juristic Person, as per any Applicable Law, regulation or generally
accepted industry practices and guidelines applicable in the country
where User is registered, where User maintains its principal office or
from where User uses the Platform
2.3 . Any User who is
“incompetent to contract” within the meaning of the Indian Contract
Act, 1872 including minors, un-discharged insolvents etc. is not
eligible to enter into this Agreement with Magenta Brass.
2.4 .
The Platform should not be used, installed, or played by any Person
under the age of 18 years.
2.5 . No Person, whether an Magenta
Brass employee or not, who is involved in the development of Mobile
Games or/and algorithms on the Platform can participate in any Mobile
Games on the Platform, where such participation could alter, modify or
unduly influence his/her performance on the Mobile Game, without
express written permission of Magenta Brass and subject to such terms
and conditions as Magenta Brass may seek to impose on such Person.
2.6 . The Mobile Games and the services available on the
Platform are open only to Persons currently residing in India. Persons
residing in the state of Assam, Odisha, Nagaland, Sikkim, Tamil Nadu,
Andhra Pradesh and Telangana (“Restricted States”) are prohibited from
participating in any Mobile Games on the Platform. Further, there may
be certain games that may be restricted in some additional states.
Please check the Special Rules/Terms of each Game to know more.
2.7 . Only those Users who have successfully registered on the
Platform in the manner prescribed in section 3 (Nature and Use of the
Platform), and who utilize the services of the Platform in accordance
with the Agreement including these Terms of Use, shall be eligible to
use the Platform.
2.8 . Certain services being provided on the
Platform may be subject to additional conditions or rules applicable
to a particular Mobile Game or Contest in that respect (“Game Terms”).
Such Game Terms are deemed to be incorporated herein by reference.
Users must agree to these Game Terms before playing any such Mobile
Game or Contest on the Platform. To the extent that these Terms of Use
are inconsistent with Game Terms, the Game Terms shall prevail.
2.9 . Magenta Brass reserves the right to terminate any User’s
Account and/or deny access to the Platform if it is brought to Magenta
Brass’s notice that a particular User has violated the Agreement
including any of these Terms of Use.
Nature and use of the Platform
3.1 . Magenta Brass provides the Platform to You on which You
can play Mobile Games either offered by Magenta Brass or independent
Third Party Game Developers. The Platform is designed to provide You
an in-app browsing experience through an embedded browser. These
Mobile Games run online over the Platform and do not have to be
separately downloaded or installed.
3.2 .Registration You may register by approving and agreeing to
this Agreement and providing Your registered mobile phone number on
the Platform. You will be verified by Magenta Brass using a one-time
password (“OTP”) system. Upon successfully verifying the OTP, an
account will be created for You (“Account”).
3.3 . By registering for an Account, You represent, warrant and
agree that: a) You fulfill the eligibility criteria as detailed in
section 2 (Eligibility); b) You are using Your actual identity and the
mobile phone number you have provided is registered in Your own
name;c) You will provide only true, accurate, current, and complete
information about Yourself, including optional information such as
Your profile photograph, cover photograph, user-id, biograph, audio
status etc., on the Platform (“User Details”); d) You will maintain
and promptly update the User Details and other information that You
provide on the Platform to keep it true, accurate, current, and
complete.
3.4 .The Users acknowledge that their User Details will be
accessible to other User on the Platform and shall be available for
Magenta Brass to create promotional and interactive content over the
Platform.
3.5 . Your Account is for Your personal use only. You shall not
impersonate someone else. By creating an Account after providing a
mobile phone number and verifying it using an OTP, You represent,
warrant, and agree that You are authorized to use the Platform and
will abide by the Agreement.
3.6 Privacy
a) Our privacy policy available at http://prod-about-Magenta
Brass-live-828886147.ap-south-1.elb.amazonaws.com/privacy/ (“Privacy
Policy”) explains how We treat Your personal data and protect Your
privacy when You use the Platform and our Services. By using the
Platform, You agree that We can use Your data and other information
according to the Privacy Policy.
b) You are responsible for
maintaining the confidentiality of passwords associated with any
device You use to access the Platform. Accordingly, You are solely
responsible for all activities that occur with Your device. If You
become aware of any unauthorised use of Your device, You are required
to notify the relevant authorities as soon as possible.
3.7 Deposits
a) In order to participate in certain Contests, the Users may be
required to pay an Entry Fee in the form of cash. Users may add cash
to their Account by using any of the payment modes available on the
Platform.
b) The Deposits may be used to participate in Contests
in the manner provided under section 4 (Participation in Contests).
There may be certain Contests which allow for payment of the Entry Fee
in the form of Magenta Brass Tokens or may allow for part payment of
the Entry Fee in the form of Magenta Brass Tokens and the remainder of
the Entry Fee from the Deposit/Winnings.
3.8 .Each User is solely responsible for all activities that
occur under their Account, including the use of any of the Services on
the Platform.
3.9. Magenta Brass grants such Users a non-transferrable,
limited, non-exclusive and revocable privilege to register an Account
on and use the Platform.
3.10. If Magenta Brass identifies that the same User Details are
being used under multiple accounts, then Magenta Brass at its sole
discretion will terminate/deactivate the Account without the Users’
consent and any Deposit in the Account will not be refunded.
3.11. Magenta Brass at its sole and absolute discretion and
without any notice to the Users, reserves the right to restrict,
suspend or terminate any Account or access to the Platform temporarily
or permanently to any User.
3.12. Magenta Brass may, at its sole and absolute discretion
restrict, change, suspend, or terminate any User’s access to all or
any part of the Platform, including but not limited to:
a)
reject, move, or remove any material that may be submitted by the
User;
b) move or remove any content that is available on the
Platform;
c) deactivate or delete an Account and all related
information and files on their Account;
d) establish general
practices and limits concerning use of the Platform and the services;
and
e) assign its rights and liabilities with respect to all
Accounts hereunder, to any entity.
3.13 . Notwithstanding anything to the contrary herein, the
Users acknowledge and agree that they shall have no ownership or other
interest in their Account, and further acknowledge and agree that all
rights in and to their Account are and shall forever be owned by and
inure to the benefit of Magenta Brass
3.14 . The Users also accepts to receive news, updates,
offers/campaign related SMS, to the mobile phone number provided by
the User, except when prohibited under Applicable Laws.
3.15. Platform Fee Information
a) Magenta Brass charges a
Platform Fee from the User(s), for offering its e-platform for hosting
of various games of skill & other content and providing the
service to the Users to participate in those game formats or consume
the content as offered.
b) The Platform Fee for all the
products/games is a fixed rate % of the Entry Fee and is between 0%
and 33% and under extreme exceptional cases may go beyond this range.
c) Magenta Brass in accordance with the Terms & Conditions
of the Bonus Program, may give a Discount in the Platform Fee and thus
the Designated Amount shall be accordingly recovered from the User’s
Cash Balances.
d) This can be easily deduced from the entry fee
and the total prize offered. Some examples are as under:-
Platform Fee Examples
Tournaments
For each user who joins a cash tournament,
Magenta Brass Platform Fee is calculated as (1- Total Cash prize
offered/(open slots x entry fee)) * Entry Fee
For example, in a 5 player tournament with entry fee of रु 100,
and the total cash prizes on offer is रु450.
The Magenta Brass Platform Fee collected out of each user who is
registering with रु 100 will be equal to (1 – रु450/(रु100 x 5)) *
रु100 = रु10
The same calculation applies to tournaments hosted by Users,
Pooled tournaments or Non-Guaranteed tournaments.
Pooled Tournaments = Tournaments where the Total winnings on
offer increases with the number of slots filled in the tournament.
However, the Platform Fee on each registration remains constant for
any number of slots filled.
Non-Guaranteed Tournaments = Tournaments which get cancelled and
all entry fees refunded if the minimum number of users required did
not join the tournament
Battles
For each successfully completed 2 player cash battle, Magenta
Brass Platform Fee is calculated as (1- Total Cash prize offered/(2 x
entry fee)) * Entry Fee
For example, in a 2 player battle with entry fee of रु 100,
where the winner(s) gets रु 180.
The Magenta Brass Platform Fee collected out of each user who is
registering with रु 100 will be equal to (1 – रु180/(रु100 x 2)) *
रु100 = रु10
In the case of multiplayer battles where multiple players could
win cash prizes, Total cash prize offered varies with the number of
players participated in the battle
Magenta Brass Platform Fee is calculated as (1- Total Cash prize
offered per the number of players who participated/(number of players
who participated x entry fee)) * Entry Fee
For example, let’s take the case of a 5 player battle with रु
100 entry fee. When 3 players participate, if the total prize offered
to all the winners in the battle is रु 270.
Then Magenta Brass Platform Fee collected out of each who is
participating with रु 100 will be equal to (1 – रु270/(रु100 x 3)) *
रु100 = रु10
Battle Arenas
Battle Arenas are a kind of battles where users pay a single
entry fee to register. Players then compete with each other in a
battle format.
By the end of the duration of the Battle Arena, players are
ranked on a leaderboard based on the number of wins he/she had out of
all the battles he/she played.
Cash Prizes are distributed to the winners based on their rank.
Magenta Brass Platform Fee for such registrations is set
currently at flat 10% of the entry fee.
Magenta Brass Platform Fee is subject to change as per Magenta
Brass policy without prior notice.
Fantasy Contests
For each user who joins a cash contest, Magenta Brass Platform
Fee is calculated as (1- Total Cash prize offered/(open slots x entry
fee)) * Entry Fee
If a contest allows a user to register multiple teams, then the
each team registered by the user is counted as a slot filled in the
contest.
For example, in a 5 player contest with entry fee of रु100, and
the total cash prizes on offer is रु450.
The Magenta Brass Platform Fee collected out of each user for
each team he/she is registering with रु 100 will be equal to (1 –
रु450/(रु100 x 5)) * रु100 = रु10
The same calculation applies to contests hosted by Users, Pooled
contests or Non-Guaranteed contests.
Pooled contests = contests where the Total winnings on offer
increases with the number of slots filled in the tournament. However,
the Platform Fee on each team registration remains constant for any
number of slots filled.
Non-Guaranteed contests = contests which get cancelled and all
entry fees refunded if the minimum number of users required did not
join the tournament
Audio Shows
All cash paid to other Magenta Brass players for hosting or
co-hosting Audio Shows are subject to a Magenta Brass Platform Fee of
12% of the Cash paid.
For example if a Magenta Brass players tips a host or a co-host
of an audio show for रु 50. Then Magenta Brass Platform Fee described
as Audio Transfer Charges of रु6 is deducted from the Host/Co-Hos
Points rummy
Magenta Brass Platform Fee for each table is defined as sum of
Rake % * Points Given * point value of the table by each of the
players barring the winner.
Rake % varies across points rummy tables. It can be found when
tapped on the info button at the top right of each table.
For example, in a 0.1 point value lobby with a rake % of 12%, in
a round if 5 players were playing and one player won. Say each of the
4 players who lost gave 25 points each.
Then the total Platform Fee = 12% * 25*4 * 0.1 = RS.1.2
Pool Rummy
For example, in a pool rummy game of Rs. 100 entry and 5 people
have played it. Let’s say the Rake % for this table is 12%. Then in
the current example, Magenta Brass Platform Fee will be calculated as
12%* 100*5 = Rs.60
The Rake % varies from table to table and from time to time. You
can check the value by taking on the info icon at the top right of
each table.
POKER
Magenta Brass Platform Fee for each Poker Lobby is calculated
based on the amount that is put in the pot * Rake% for the table.
Rake % vary for each price point and also depends on the number
of players in the hand.
For example – Rake % is at 4%* if only 2 people are playing in a
hand in the 0.1/0.2 lobby. and is at 5%* is more than 2 people are
playing in the hand.
If 3 players are playing a hand in the 0.1/0.2 lobby and the pot
value becomes rs 10 then an amount of (10*0.05) = 50 paisa will be
collected as a Platform Fee.
Each table has a pre-defined max limit of the Platform Fee that
will be collected in each hand.
Information for both the rake% and the max limit on Platform Fee
can be found by pressing the “i”(information button) on the top right
side of the poker table.
As you play in higher lobbies the rake % and max Platform Fee
that can be collected on the pot value and big blind relatively
reduce.
Magenta Brass Platform Fee is subject to change as per Magenta
Brass policy without prior notice.
Participation in contest
4.1 . The Users may use the Platform to participate in a variety
of Contests available on the Platform.
4.2 . In order to participate in a Contest, each User may be
required to pay an Entry Fee to the Platform which is deducted from
the Balance available in the Account of the User. The payment of Entry
Fee Users make to participate in the Contest(s) is inclusive of the
Platform fee for access to the Magenta Brass Services charged by Us
and User’s contribution towards Prize Money Pool.
4.3 . Each Contest has a pre-determined limit on the number of
Users that can participate and a specified time before which entries
must be made. A Contest is deemed to be a valid Contest on the
Platform, only if the requisite number of Users registers for the
Contest before the prescribed entry time.
4.4 . Any amount received by Magenta Brass as Entry Fee for
participation in a Contest shall be non-refundable, except in the
event that a Contest has been cancelled.
4.5 . Contests shall be announced by the Magenta Brass from time
to time in any manner that is convenient to the Company, and Magenta
Brass reserves the right to extend the participation and time limit
for registration, cancel any Contest, and modify any terms, all with
due notice to the Users of the Platform.
4.6 Winnings
a) Awards for all Contests shall be
pre-declared at the time of registration in the specific rules
applicable to such Contest. Awards may be in the form of Magenta Brass
Tokens, cash or promotional gifts.
b) Users are eligible to
withdraw only cash Winnings from his/her Account to his/her respective
bank/wallet account once it is KYC (Know Your Customer) verified.
c) KYC verification is mandatory as a proof of identity for
making withdrawals from Your Account to Your bank/wallet account. KYC
verification may be done through the Platform by providing certain
details: (i) photograph of a valid government ID (Aadhaar Card,
Driving License, PAN Card, Voter Card, Driving License etc.); and (ii)
other User Details.
d) Magenta Brass does not issue receipts for
entries in the Contests. The entries are accounted within the Account
on the Platform. It is the responsibility of the Users to ensure that
the entries are accurate and the Winnings are duly credited to his
Account.
e) Any tax/levies/duty etc., as applicable on material
prizes, shall be paid by the winner of the game. Based on TDS (tax
deducted at source) Rules for any sort of game winning in India, 31.2%
TDS should be deducted on any winning above Rs.10,000/- in a single
game.
4.7 Return, Refund and Cancellation
a) In the event, that there is an error in the Services provided
by us, we may refund the Entry Fee, provided the reasons are genuine
and proved after investigation by Magenta Brass
b) Please read
the rules of each Mobile Game and Contest before participating.
c) We do not cancel registrations once entered, however, in case
of exceptional circumstances wherein the fault may lie with the
payment gateway or from Our side, We will cancel your participation on
request and refund the Entry Fee to You within a reasonable amount of
time.
d) . In case we cancel your participation in any Mobile
Game or Contest as a result of this, We will return Your Entry Fee to
You within a reasonable amount of time for You to redeem the same by
playing other Contests on Magenta Brass
e) . We will try Our
best to create the best user experience for You. If paid by credit
card, refunds will be issued to the original credit card provided at
the time of purchase and in case of payments made through a payment
gateway, payment refunds will be made to the same account.
4.8 . Users must use any money in their Account within 365 days.
Magenta Brass shall have the right to directly forfeit any such unused
amount after 365 (three hundred and sixty five) days. The idle Balance
amount lying in your account may be withdrawn only in exceptional
circumstances, determined on a case to case basis on the sole
discretion of Magenta Brass
4.9 Bonus Program- Terms & Conditions
4.9.1 As part of its Business Promotion strategy, Magenta Brass
may run a Bonus Cash Promotion which is a Cash Discount Program
whereby the User is allowed to accumulate cash discount eligibility
points (referred to as ‘Bonus Cash’) in a separate wallet referred to
as ‘Bonus Wallet’.
4.9.2 Such Bonus Cash is granted as per
various business promotion strategies that may be run by Magenta Brass
from time to time.
4.9.3 The Bonus Cash is subject to control by
Magenta Brass and the Company is free to put such restrictions on its
availability, utilisation, inherent discount benefits, time validity,
etc. as it may decided from time to time.
4.9.4 Magenta Brass
may allow upfront Cash Discount from the Platform Fee in lieu of the
accumulated Bonus Cash in accordance with the conversion ratio as the
Company may be decided from time to time for each Contest.
4.10 Magenta Brass Cards
4.10.1 Magenta Brass Cards is a feature in which the user needs
to collect cards by doing certain tasks such as depositing money and
playing games and then form sets and redeem them for real cash.
4.10.2 If a user collects all 9 cards and redeem them, he/she
wins Rs 500 and enters the lucky draw contest where 3 random users are
selected and a prize money of 9 lakhs is given out in total, split
across the users at Magenta Brass’s discretion.
4.10.3 Post the
winner announcements, Magenta Brass will try to contact the winners
for 3 working days. If any of the winner(s) is not contactable, they
shall be replaced with new winner(s) for that rank.
4.10.4 If
the announced winner gets blocked before contacting, a new winner will
be announced.
4.10.5 Winners would have to submit their own PAN
and bank account details mandatorily. Submitting details of someone
else’s bank account will result in cancellation of the prize money.
4.10.6 Once the winners have given their details, it can take a
maximum of 15 days to get the money credited into their account.
4.10.7 Magenta Brass reserves the right to modify the amount
given out to winners anytime, without giving prior notice.
4.10.8 Magenta Brass will credit the money directly into the
bank account of the winners and not the Magenta Brass wallet.
5.Mobile Games
5.1.1 The Platform is operated and designed to provide You an
in-app browsing experience through an embedded browser. The Platform
is per se a platform which offers Services and hosts Mobile Games by
Third Party Game Developers. The Platform does not host, display or
transmit any content owned by third parties on its servers, unless We
either have a license or are not prohibited under the Applicable Laws,
to do the same.
5.1.2 . The Mobile Games will have their own
rules and code of conduct (“Game Rules”) which shall be adhered to by
all Users at all times.
5.1.3 . When You play a Mobile Game, You
agree and acknowledge that the Platform does not create and/or
broadcast any content on its own accord and Magenta Brass is not
responsible or liable for the content or accuracy of the Mobile Game,
including copyrights, that may be accessed by You through the
Platform.
6. Games of skill
6.1 . The Mobile Games hosted by Magenta Brass on the Platform
are all Games of Skill (defined below). Different Mobile Games will
reward different skills, but each game will reward certain skills,
such as knowledge of the game, familiarity with rules, experience,
reflexes, experience, practice, hand-eye coordination etc. Certain
games may have pre-determined outcomes (Sudoku, Crosswords, Brick
Breaker), which are achievable by the Users using their skills to play
the games.
6.2 . Users must note that all Mobile Games available
on the Platform are games where the success or/and performance of the
Users depends predominantly upon their superior knowledge, training,
attention, experience and adroitness (“Games of Skill”) in playing the
game. ‘Games of Skill’, under Indian law, are excluded from the ambit
of gambling legislations including, the Public Gambling Act of 1867
and other state enactments except in the Restricted States.
6.3
. Hence, the individuals residing in the Restricted States should not
participate in any Contest or Mobile Games offered on the Platform.
Any participation by such individuals shall be at their sole risk and
discretion and Magenta Brass shall not be liable to refund or
reimburse any injury or damages suffered by such individuals.
6.4 . Magenta Brass reserves the right to monitor all activities
from the User’s Account on the Platform. If any User participates in
any Contest or Mobile Games in violation of any central and/or state
law(s) in India, Magenta Brass reserves the right to cooperate with
law enforcement agencies of the relevant state and report such
participation or/and suspicious activity along with all relevant
details of the concerned User.
6.5 . Magenta Brass does not
support, endorse or offer to any User ‘games of chance’ for money.
Each Mobile Game and Contest available on the Platform has clearly
defined rules and code of conduct. All Users are encouraged to read,
understand and follow these rules to be successful in these games.
Magenta Brass shall not be liable if Users do not adhere to the Game
Rules or otherwise engage in gambling or betting activities on the
Platform.
Safety precaution and responsible gaming
7.1 . Magenta Brass suggests that Users adopt a balanced
approach while engaging with any of the Mobile Games on the Platform
and safeguard themselves against any adverse effects. If played
responsibly, Mobile Games (like other forms of sports) aim to
encourage Users to develop their mental prowess, hand-eye
co-ordination, competitiveness and encourage teamwork.
7.2 . You should take certain standard health and safety
precautions while playing any Mobile Game, including taking adequate
breaks, sitting at a reasonable distance from the screen, playing in a
well-lit environment, and avoiding playing when tired, drowsy,
intoxicated or under the influence of drugs Avoid playing without
breaks over long periods of time as this could affect Your performance
and could negatively impact hand-eye coordination, balance, and
multi-tasking ability.
7.3 . The Platform or the Mobile Games offered on the Platform
may contain flashing lights, realistic images, patterns and
simulations which may cause certain side effects. If Your hands,
wrists, arms, eyes or other parts of Your body become tired or sore
while playing, or if You feel symptoms such as tingling, numbness,
burning or stiffness, stop and rest before playing again. If You
continue to have any of these above symptoms, please stop playing
IMMEDIATELY and consult a doctor.
7.4 . If You play any Mobile Games on the Platform, give
Yourself plenty of room to play and always be aware of Your
surroundings. While playing any Mobile Game You may be moving around
the play area and using Your hands to control gameplay. You must
ensure that You are not near other people, objects, stairs, balconies,
windows, walls, furniture or other objects that may pose a danger to
You or could be damaged during the play. Never handle sharp or
dangerous objects while playing any Mobile Game on the Platform.
7.5 . It is Your responsibility to control Your surroundings and
movements at all times when playing the game to ensure that You don’t
injure Yourself, any other persons, damage any property etc. Any
playing of the Mobile Games is at Your own risk and Magenta Brass
shall not be liable for any death, injury or health complications
resulting from Your use of the Platform.
7.6 . You agree that Your use of the Platform and to play the
Mobile Games is at Your own risk, and it is Your responsibility to
maintain such health, liability, hazard, personal injury, medical,
life, and other insurance policies as You deem reasonably necessary
for any injuries that You may incur while using the Platform.
7.7 . You hereby agree that if the terms of this Agreement are
not adhered by You, Magenta Brass will be irreparably damaged, and
therefore You agree that the Platform shall be entitled, without bond,
other security, proof of damages, to appropriate equitable remedies
with respect to any breach of this Agreement, in addition to any other
remedies available under Applicable Law.
Community rules and code of conduct
8.1 . Magenta Brass may provide Users with different
communication channels such as forums, live audio sessions, live audio
chat with other players participating in any Contest, community
groups, chat-rooms or chat areas (“Communication Facilities”) designed
to enable You to communicate with other Users on the Platform.
8.2 . Magenta Brass only provides Users with the technical
environment for an exchange of information. Magenta Brass does not
initiate, select the receiver and/or modify any information exchanges
inter se amongst the Users through the Communication Facilities.
Further, Magenta Brass has no obligation to and does not monitor these
Communication Facilities except when required to do so under the
provisions of Applicable Law
8.3 . The User may use the Communication Facilities as made
available to them by the Platform. Magenta Brass may provide certain
additional features or Communication Facilities to a select group of
Users at its sole discretion. The Users do not have the right to claim
any Communication Facilities on the Platform.
8.4 . Magenta Brass may enable audio sessions and live
chat-rooms on the Platform for the Users from time-to-time. These
sessions or/and chat rooms will be conducted by other users to
(i) organize trainings;
(ii) provide tips to play Mobile Games;
(iii) provide
educational content; or
(iv) conduct other interactive sessions
on the Platform. The sessions or/and chat rooms may have an open entry
or may be restricted to a limited number of Users at Magenta Brass’s
sole discretion. Users might be required to pay an ‘Access fee’ to
participate in any of these live sessions or/and chat rooms hosted by
Magenta Brass on the Platform. The ‘Access Fee’ shall be subject to
levy of applicable Goods & Services Tax and the Fee collected
shall be inclusive thereof.
8.5 . You understand that, by using these Communication
Facilities, You may be exposed to communications (including in
written, verbal, electronic, digital, machine-readable or other form)
that You might find objectionable. You understand that any content
sent or appearing through the Communication Facilities is the sole
responsibility of the User(s) transmitting such content and Magenta
Brass is not liable for any content posted on the Communication
Channels.
8.6 . All Users of the Magenta Brass Platform must comply with
Applicable Law at all times while using the Services of Platform,
including our Community Guidelines (refer to Annexure III for more
details) and Communication Facilities and must not publish or
distribute any content which: (a) violates an Applicable Law, goes
against common decency, or breaches the general terms and conditions
of the Agreement; or (b) violates any trademarks, patents, utility or
design patterns, copyrights, trade secrets, or other proprietary
rights of third parties; or (c) impersonate any real person, including
without limitation Magenta Brass or any other Magenta Brass agent or
employee; or (d) is obscene, racist, violent, pornographic, of adult
content, or otherwise threatening to the development of children and
adolescents, or of a detrimental nature; or (e) is of an abusive,
harassing, threatening or defamatory nature; or (f) seeks to
unlawfully obtain login information or access to Accounts belonging to
other Users; (g) contains personal data of third parties without their
explicit consent; or (h) seek to collect, misuse, or disseminate any
other User’s content or non-public personal information; or (i) is
commercial, in particular promotional, in nature; (j) encourages or
promotes gambling or money-laundering.
8.7 . All Users of the platform of Magenta Brass shall read and
fully understand our Community Guidelines before posting any content
on our platform. By accepting the Terms and Use, the Users agree and
acknowledge that they have read and fully understood the terms of the
Community Guidelines. Magenta Brass has a right to take appropriate
and strict actions against any User violating such Community
Guidelines.
8.8. Under no circumstances will Magenta Brass or its
third-party providers shall be liable for any errors, objections or
omissions in any content or for any loss or damages of any kind
incurred as a result of the content posted on its Platform.
Restrictions on your use of the Platform
9.1 . You will not use the Platform, or any content provided
thereof for any purpose that is illegal, unlawful or prohibited by
this Agreement or under Applicable Law.
9.2 . You will not use the Platform, or any content provided
thereof:
9.2.1 . to host, display, upload, modify, publish,
transmit, update or share any information that belongs to another
Person and to which the User does not have any right to;
9.2.2 .
is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another’s privacy,
hateful, or racially, ethnically objectionable, disparaging,
9.2.3 . that is relating to or encourages money laundering or
gambling, or is otherwise unlawful in any manner whatsoever;
9.2.4 . that harms minors in any way;
9.2.5 . that
infringes any patent, trademark, copyright or other proprietary
rights; violates any Applicable Law for the time being in force;
9.2.6 . that deceives or misleads the addressee about the origin
of such messages or communicates any information which is grossly
offensive or menacing in nature;
9.2.7 . which impersonates
another Person; contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of the Platform or any other computer resource;
9.2.8 . that threatens the unity, integrity, defence, security
or sovereignty of India, friendly relations with foreign states, or
public order, or causes incitement to the commission of any cognisable
offence or prevents investigation of any offence or is insulting any
other nation; threatens public health or safety; promotion of
cigarettes or any other tobacco products or consumption of intoxicant
including alcohol and Electronic Nicotine Delivery System (ENDS) and
like products that enable nicotine delivery except for the purpose
& in the manner and to the extent, as may be approved under the
Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens
critical information infrastructure.
9.3 . You will not redistribute, sublicense, rent, publish,
sell, assign, lease, market, transfer, or otherwise make the Platform
or any component or content thereof, available to third parties
without the permission of Magenta Brass
9.4 . You will not circumvent or disable any digital rights
management, usage rules, or other security features of the Platform;
remove, alter, or obscure any proprietary notices (including copyright
notices) on any portion of the Platform; and not use the Platform in a
manner that threatens the integrity, performance, or availability of
the Platform.
9.5 . You will not attempt to or engage in any activity that
may:
9.5.1 . reverse engineer, decompile or otherwise extract
the source code related to the Platform or any part thereof, unless it
is expressly permitted by Magenta Brass to You in writing or is
required by the Applicable Law;
9.5.2 . use any robot, spider,
retrieval application, or other device to retrieve or index any
portion of the Platform or content thereof;
9.5.3 . collect
information about Users for any illegal or unlawful purpose;
9.5.4 . create any Account by automated means or under false or
fraudulent pretences for using the Platform;
9.5.5 . transmit
any viruses, worms, defects, trojan horses, or any items of a
destructive nature through the Platform;
9.5.6 . use the
Platform in any manner that could damage, disable, overburden, or
impair, or undertake any action which is harmful or potentially
harmful to, any of the servers, networks, computer systems or
resources connected to any of the servers connected, directly or
indirectly to the Platform, or interfere with any other Users’ use and
enjoyment of the Platform;
9.5.7 . carry out any denial of
service (DoS, DDoS) or any other harmful attacks on the Platform or;
disrupt or place unreasonable burdens or excessive loads on, or
interfere with or attempt to make, or attempt any unauthorized access
to the Platform or any part of the Platform or any User of the
Platform;
9.5.8 . forge headers or otherwise manipulate
identifiers to disguise the origin of any content transmitted through
the Platform; and/or
9.5.9 . obtain any materials or information
through any means not intentionally made available, in the opinion of
Magenta Brass through the Platform.
9.6 . You will not impersonate another Person or impersonate,
guide or host on behalf of, or falsely state or otherwise misrepresent
Your affiliation with any Person or entity, including, but not limited
to Our officials, employees, agents, partners, affiliates, dealers and
franchisees.
9.7 . If We detect any activity from Your User Account that is
fraudulent, suspected to be defrauding the Platform, or if You are
found colluding or participating in any kind of fraudulent activity on
the Platform in any manner, then You shall be debarred from
participating in any Contest available on the Platform.
9.8 . We reserve the right to deactivate or delete Your Account
and all related information on it and forfeit related Balances and/or
take any other appropriate action, at our sole and absolute
discretion, in the event of any fraudulent, illegal or suspicious
activities from Your Account on the Platform.
9.9 . Any deductions or forfeiture of Balances made from Your
Account shall be made at Our sole and absolute discretion and shall
not result in any liability on Magenta Brass whatsoever. We may choose
to provide a right of appeal to the User after deleting, closing or
forfeiting the balances in his/her Account. However, such right shall
be provided at the sole and absolute discretion of Magenta Brass and
the User shall not claim such right or any other recourse from Magenta
Brass
9.10 . Indemnification:
You shall defend, indemnify and
hold Magenta Brass and its officers, directors, employees,
representatives and agents harmless from and against any claims,
actions, demands, liabilities, judgments, and settlements, including
without limitation, reasonable legal fee that may result from or
alleged to result from (a) Your use of the Platform or any content
thereof, including Mobile Game; or (b) Your breach of any rules,
regulations and/or orders under any applicable law.
9.11 . You are also responsible for any breach of Your
obligations under the Agreement and/or for the consequences of any
such breach.
Termination
10.1 . Your access to the Platform may be terminated if:
10.1.1 . You voluntarily uninstall the Platform from Your
device;
10.1.2 . You knowingly or unknowingly cause direct or
indirect breach, as ascertained by Magenta Brass of these Terms of Use
or Privacy Policy as a whole or in part; or
10.1.3 . You do not
pay the requisite fee, if any, should Magenta Brass charge for use of
the App.
10.2 . We may have to terminate Your access to the Platform if:
10.2.1 . We are required to do so by law (for example, where the
access to and/or provision of the Platform to You becomes, unlawful);
10.2.2 . The third-party Person, if any, with whom We offered
the Platform to You has terminated its relationship with Us or ceased
to offer the related services to Us or to You;
10.2.3 . The
provision of Platform to You, is no longer commercially viable or
feasible for Us; or
10.2.4 . You are a repeat infringer of this
Agreement.
10.3 . We may terminate this Agreement at any time, with or
without notice and may disable Your access to the Platform and/or bar
You from any future use of the Platform.
10.4 . You may terminate this Agreement at any time by
terminating Your access to the Platform. However, certain obligations
of Yours under this Agreement shall continue to prevail even on such
termination.
10.5 . When this Agreement comes to an end, all of the legal
rights, obligations and liabilities that You and Magenta Brass have
benefited from, been subject to (or which have accrued over time
whilst the Agreement has been in force) or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and
shall continue to apply to such rights, obligations and liabilities
indefinitely.
Disclaimers
11.1 . No warranties: The Contents provided through the Platform
may include technical inaccuracies or typographical errors. Magenta
Brass may make changes or improvements to the Platform at any time.
The Contents or any information available on the Platform is provided
“as is” and “as available” and without warranties of any kind either
expressed or implied, to the fullest extent permissible pursuant to
Applicable Laws, including but not limited to:
11.1.1 . any
implied warranty or merchantability, fitness for a particular purpose;
11.1.2 . that the contents of the Platform will be uninterrupted
or error-free;
11.1.3 . that defects, if any on the Platform
will be corrected;
11.1.4 . the Platform being constantly
available or available at all;
11.1.5 . Installation or
uninstallation choices in relation to the Platform being successfully
executed in all cases;
11.1.6 . Your personal ability to use the
Platform;
11.1.7 . Your satisfaction with the use of the
Platform;
11.1.8 . the accuracy of the data provided by the
Platform;
11.1.9 . the security and privacy of Your data;
11.1.10 . that all bugs or errors in relation to the Platform
will be corrected;
11.1.11 . that the Platform will be
compatible with all devices and all networks;
11.1.12 . that the
Platform is fit for a particular purpose or use;
11.1.13 . that
the Platform and the contents thereof are accessible in every
location; or
11.1.14 . that the Platform and the contents would
be perpetually secure and not prone to breaches of security anywhere
in the world.
11.2 . Magenta Brass its officers, directors, employees,
affiliates and agents and any other service provider(s) responsible
for providing access to the Platform in connection with this Agreement
will not be liable for any acts or omissions, including of a third
party Person, and including those vendors participating in Magenta
Brass’ offerings made to You, or for any unauthorized interception of
data or breaches of this Agreement attributable in part to the acts or
omissions of third parties Persons, or for damages that result from
the operation systems, equipment, facilities or services provided by
third parties Persons that are interconnected with Magenta Brass
11.3 . The Platform may include links to other mobile
applications and/or websites (some of which may be automated search
results) which may contain materials that are objectionable, unlawful,
or inaccurate. We do not endorse or support these links or the
products and services they provide; these links are provided for Your
convenience only. We are not responsible or liable for the content or
accuracy of such links.
11.4 . We may stop provision of the Platform (or any part
thereof), permanently or temporarily, to You or to Users generally or
may modify or change the nature of the Platform and/or these Terms of
Use at Our sole discretion, without any prior notice to You. Your use
of the Platform following any such modification constitutes Your
deemed acceptance to be bound by the Agreement (or as it may be
modified).
11.5 . You agree that You are responsible for all data charges
You incur through use of the Platform.
11.6 . Sponsored Content:
11.6.1 . You agree and acknowledge that Magenta Brass may,
pursuant to its engagement with certain Sponsored Content Partners,
place certain Sponsored Content on, about, or in conjunction with the
other content within the Platform. The manner, mode and extent of
display of such Sponsored Content is subject to change without a
specific notice to You. We don’t promise to but will try Our best to
give You a prior notice in this regard.
11.6.2 . The content
displayed on the Platform is for Your non-commercial and personal use.
However, Sponsored Content Partners may use the Platform to display
their respective Sponsored Content for commercial purposes. You are
not allowed to copy, reproduce, alter, modify, create derivative works
of, or publicly display any content displayed on the Platform.
11.7 . Limitation of liability: Your use of the Platform, or any
content, including Mobile Game, available thereof is entirely at Your
own option and risk and We shall be held harmless and not be liable
for any direct, indirect, incidental, consequential, special,
exemplary, punitive, monetary or any other damages, fees, fines,
penalties or liabilities whatsoever arising out of or relating to Your
use of the Platform or any content thereof, including Mobile Game. To
the maximum extent permitted by Applicable Law, Our total liability to
You for any damages (regardless of the foundation for the action)
shall not exceed in the aggregate the Balance in your Account.
11.8 . You may terminate Your access to the Platform if You are
not satisfied with the Platform or any Mobile Games.
11.9 . Force Majeure: Magenta Brass shall not be liable for any
damages whatsoever arising out of Force Majeure Event or other similar
circumstances, directly or indirectly to the Users as a result of
playing Mobile Games or using the services offered by Magenta Brass on
the Platform. A Force Majeure Event is a real or potential labour
disputes, governmental actions, war or threat of war, sabotage, civil
unrest, demonstrations, fire, storm, flooding, explosion, earthquake,
provisions or limitations of materials or resources, inability to
obtain the relevant authorization, accident, and defect in electricity
or telecommunication network that affects the Company’s ability to
offer the services or/and the Mobile Games on the Platform. Force
majeure or other event beyond Magenta Brass’s control hindering,
delaying or complicating the maintenance of the Platform entitles
Magenta Brass to suspend or limit the Platform until further notice.
Governing law and dispute resolution
12.1 . The Platform may be controlled and operated through any
country and will be subject to the laws of that state in which they
are controlled and operated by the User. If You use the Platform from
any location, then, You are responsible for compliance with the local
laws applicable to You.
12.2 . All or any disputes arising out of or touching upon or in
relation to this Agreement including the interpretation and validity
of the terms thereof and the respective rights and obligations of the
parties shall be settled through arbitration. The arbitration shall be
governed by the Arbitration & Conciliation Act, 1996 (India) or
any statutory amendments/modifications thereto for the time being in
force.
12.3 . The arbitration proceedings shall be held at Bangalore,
Karnataka by a sole arbitrator who shall be appointed by Magenta Brass
and whose decision shall be final and binding upon all the parties.
12.4 . Subject to the arbitration clause, the courts at
Bangalore, Karnataka alone shall have the jurisdiction. The language
of the arbitration proceedings shall be in English.
12.5 . You and Magenta Brass agree that any cause of action
arising out of Your use of the Platform must be commenced within 3
(three) months after the cause of action accrues or You become aware
of the facts giving rise to the cause of action, whichever is later.
Otherwise, such cause of action shall be permanently barred.
Grievance Officer
In accordance with the Information Technology Act 2000 and rules
made thereunder, We have a Grievance Officer to address Your concerns
regarding data safety, privacy, and the Platform usage concerns
including complaints You have against other users on the Platform. We
will resolve these issues raised by You within 30 (thirty) days from
receiving them. You may contact the Grievance Officer at the following
coordinates:
Name: Mr. Kailas Ashture
Address: 2nd Floor, Megha
Building, Bannerghatta Main Road, Arekere Main Rd, Panduranga Nagar,
Bengaluru, Karnataka 560076
Office Hours: 11 am – 7 pm
Email: support@Magenta Brass.com
Referral program
1.Magenta Brass may offer referral programs (“Referral Program”)
on the Platform to allow all its Users to receive certain rewards in
the form of Magenta Brass Tokens or cash (“Rewards”) for each player
that they refer to play on the Platform
2. All active Users of the Platform are eligible to participate
in the Referral Program except in cases where an Account has been
suspended or has otherwise been disallowed by Magenta Brass from
participation in the Referral Program.
3. Only ‘successful referrals’ will be counted and eligible to
receive the Rewards. A successful referral is an event in which a new
User will register on the Platform and complete the sign-up by
clicking on the referral link of the referrer or by putting the
referrer’s unique referral code.
4. Criteria to use the Rewards – The User will be able to use
only a certain percentage of the cumulative Rewards (as permitted by
Magenta Brass from time to time) reflecting in his/her Account to join
any of the upcoming tournaments on the Platform.
5. Additional terms applicable to all Referral Programs
1. The nature and value of Rewards to be credited will be based
on the Referral Program offered by Magenta Brass at any given point in
time to an individual User.
2. Referral links will be generated from each User’s Account on
the Platform.
3. Rewards and their types are subject to change at Magenta
Brass’s discretion without notice.
4. Users found to have been committing fraud will be blocked
from the Magenta Brass platform.
5. The reward amount/type is based on the applicable reward on
the day a user’s referral signs up on the platform.
6. A user can refer up to 1000 friends.
7. Magenta Brass reserves the right to change rules and
regulations without notice.
8. Please contact Customer Support in case of further
queries.The nature and value of Rewards to be credited will be based
on the Referral Program offered by Magenta Brass at any given point in
time to an individual User.
6. Disqualification from Referral Programs
1. Users will not receive credit for referring themselves by
creating multiple Accounts.
2. Magenta Brass reserves the right, in its sole discretion, to
suspend or disqualify an Account from the Referral Program or nullify
the referral Rewards.
7. Taxes – The Users are responsible for paying any and all
taxes or commissions related to the Rewards earned by them through the
Referral Programs on the Platform. Magenta Brass reserves the right to
withhold taxes as appropriate and as required under Applicable Laws.
Special rules and principle for Magenta Brass
1. Along with the Mobile Games developed by Third Party Game
Developers, Magenta Brass provides fantasy sports to the Users on the
Platform (“Magenta Brass”). Magenta Brass is a brand owned and
operated by Magenta Brass It is an online based fantasy sport which
allows its Users to pick their team made up of real players
participating in a real sporting competition. Users play Magenta Brass
by using their knowledge and skill of the underlying actual sport.
2. Rules For Magenta Brass
2.1 . Magenta Brass is an
online fantasy sports contest in which Users are invited to pay money
to play the game, thereby allowing Users access to build and act as
owners of online teams (consisting of real players or teams) that
compete against online teams of other Users with results tabulated on
the basis of statistics generated by the real individual sportspersons
in certain designated professional sporting matches.
2.2 . Users
can participate in a Contest with other Users without any restriction
on participation, unless specified otherwise in the Rules or the
Agreement. Users can participate by choosing any of the upcoming
Contests which will be linked to any of the current of upcoming
real-world event.
2.3 . All Users while selecting a fantasy team
for any match are provided with the same budget. Any change in the
budget shall be applied uniformly for all players. All Users must pick
from the same list of players and are bound by the same rules while
picking the composition of their respective teams. This means that all
Users have the same maximum/minimum limits on the number of batsmen,
bowlers, wicket-keeper and all-rounders, and limits are placed equally
on the number of players that can be picked from a particular
real-life team.
2.4 . Users can make changes to teams until the
deadline of the registration for the Contest. Users can make a team,
based on credits they select. Users can select a maximum of 7 players
from one playing side team. Users can create up to a maximum of 6
unique teams for a single Contest.
2.5 . Teams are awarded
points on the basis of the real-life sport’s players performances at
the end of a designated match, match tournament of the Contests. The
participants whose teams have achieved the highest aggregate scores in
the Contests shall be declared winners. In certain pre-specified
Contests, there may be more than one Winner and distribution of prizes
to such Winners will be in increasing order of their team’s aggregate
score at the end of the designated match of the Contests.
2.6 .
Users will not be offered the opportunity or option to auto-complete
or auto-fill their teams and/or responses within the Contest.
2.7 . The ranks and credits of players keep fluctuating during a
contest as the players perform in the real-life match. The team keeps
earning points for Users’ chosen player’s performances. The points
status appearing next to Users’ total points indicate if the match is
in progress or completed.
2.8 . Magenta Brass shall ensure that
all Contests offered to the Users participating in Magenta Brass Super
Team are competitive and incorporate principles of fair-play. Magenta
Brass is committed to ensuring the utmost levels of fairness and
competitiveness in its Magenta Brass.
3. GAME OF SKILL
3.1 . In providing the Magenta Brass game on the Platform,
Magenta Brass takes great care to comply with all central and state
legislations in India to ensure that the Users are fully protected.
Magenta Brass is carefully designed to comply with all applicable
statutes and regulations in India.
3.2 . Magenta Brass offered on the Platform is a ‘game of
skill’. According to the principles laid down in the judgment of the
Punjab and Haryana High Court in Varun Gumber v. Union Territory of
Chandigarh and of the Bombay High Court in Gurdeep Singh Sachar v.
Union of India and Others, games such as Magenta Brass are games of
‘mere skill’ as the result is not dependent on winning or losing of
any particular team in the real world, but depends on the performance
of each player selected by a user which involves considerable skill,
judgement and discretion and further, the success therein depended on
one’s superior knowledge of the relevant sport, prudent judgment and
attention.
3.3 .By virtue of its classification as a game of skill, fantasy
sports do not violate the Public Gambling Act, 1867, and is excluded
from the ambit of certain Indian gambling legislations. However, Users
should note that owing to legislative restrictions in the Restricted
States, and hence residents of such Restricted States are prohibited
from participating in Magenta Brass.
4. GAME OF SKILL
4.1 . In providing the Magenta Brass Rummy and Poker game on the
Platform, Magenta Brass takes great care to comply with all central
and state legislations in India to ensure that the Users are fully
protected. Magenta Brass Rummy and Poker are carefully designed to
comply with all applicable statutes and regulations in India.
4.2. Magenta Brass Rummy offered on the Platform is a ‘game of
skill’. According to a 1967 Supreme Court judgment in State of Andhra
Pradesh v. K. Satyanarayana, In the game of Rummy is a game of mere
skill and playing Rummy does not amount to gambling.
4.3. Over the past few decades, various High Courts have quoted
the apex court’s decision and stated that law enforcement authorities
cannot interfere with the game of Rummy played with stakes. In 1996, a
three-judge bench of the Supreme Court affirmed its 1967 judgment and
ruled that games involving substantial and preponderant degree of
skill fall within the definition of ‘games of mere skill’.
4.4. By virtue of its classification as a game of skill, the
game of Rummy and Poker does not violate the Public Gambling Act,
1867, and is excluded from the ambit of most state gaming
legislations. However, Users should note that owing to
legislative/court restrictions in the Restricted States, hence
residents of such Restricted States are prohibited from participating
in Magenta Brass Rummy and Poker.
SPECIAL TERMS FOR Magenta Brass RUMMY
1. Along with the Mobile Games developed by Third Party Game
Developers, Magenta Brass provides 13-card Rummy to its users
(‘Magenta Brass Rummy’).
2. TERMS FOR Magenta Brass RUMMY
2.1 . Magenta Brass Rummy is a standard 13-card game of rummy
offered to its users. The standard rules of the game apply to Magenta
Brass Rummy.
2.2 . Users can participate in a Multiplayer
Contest or Tournament with other Users without any restriction on
participation, unless specified otherwise in the Rules or the
Agreement.
2.3 . Collusion is strictly forbidden on Magenta
Brass Rummy. In case we detect that You and other users are playing
games and tournaments forming a team it will result in cancellation of
accounts of You and all such players who participated in forming a
team. By accepting this Term, you accept that You will not participate
in forming a team, or by communicating with other players. In case You
are found to be involved in such activities, We also reserve the right
to freeze funds in Your Magenta Brass account and investigate further
to ascertain the extent of undue benefit derived by You and such
others and to cancel and close Your account without any communication
with You.
2.4 . Should we at any time have reasonable ground to
suspect that You have or are using fraudulent means which are in
violation of the Terms of Use herein, that You have or are using
multiple IDs which is in breach of the Terms of Use, We have the right
to debar You, suspend Your account, prohibit Your access to the
Website and withhold any prizes that You may have won, you hereby
acknowledge and agree to the same.
2.5 . Apart from the
Restricted States of Assam, Odisha, Nagaland, Sikkim, Tamil Nadu,
Kerala, Andhra Pradesh and Telangana, Magenta Brass Rummy is currently
available to persons residing in other states. We reserve the right to
update the Restricted States for Magenta Brass Rummy as required by
Applicable Law or court ruling.
SPECIAL TERMS FOR Magenta Brass POKER
1. Along with the Mobile Games developed by Third Party Game
Developers, Magenta Brass provides No Limit Hold’em, Pot Limit Omaha
and other variants of poker to its users (‘Magenta Brass POKER’).
2. TERMS FOR Magenta Brass POKER
2.1 . Magenta Brass Poker is a combination of No Limit Hold’em,
Pot Limit Omaha and other variants of Poker and the standard rules of
the game apply to Magenta Brass Poker.
2.2 . Users can
participate in a Multiplayer Contest or Tournament with other Users
without any restriction on participation, unless specified otherwise
in the Rules or the Agreement.
2.3 . Apart from the Restricted States of Assam, Gujarat, Odisha,
Tamil Nadu, Andhra Pradesh, Telangana, Nagaland and Sikkim or any
other Indian state which by law restrict Poker. Magenta Brass Poker is
currently available to persons residing in other states. We reserve
the right to update the Restricted States for Magenta Brass Poker as
required by Applicable Law or court ruling
.2.4 . Collusion, use
of External Player Assistance tool/ HUD’s, Running Automatic players
(Bots), Chip–Dumping or any other Fraudulent behaviour is not allowed.
2.5. Should we at any time have reasonable ground to suspect
that You have or are using fraudulent means which are in violation of
the Terms of Use herein, that You have or are using multiple IDs which
is in breach of the Terms of Use, We have the right to debar You,
suspend Your account, prohibit Your access to the Website and withhold
any prizes that You may have won, you hereby acknowledge and agree to
the same.
Special Terms for Magenta Brass Audio Content
Annexure I
99Buddy / Magenta Brass provides a personalized pay-per-access service
that allows our users / you to access certain audio, visual,
audio-visual content including but not limited to podcasts,
interviews, talk shows, chat shows, training videos, tutorials etc.
(“Magenta Brass Content”) streamed over the Internet and accessible
via the Magenta Brass mobile application on your smart phones with
necessary hardware and software requirements for accessing the Magenta
Brass Content (“Magenta Brass Content Source Device”).
These Terms of Use govern your use of our service in this
regard. As used in these Terms of Use, “Magenta Brass Content
service”, “our service” or “the service” means the personalized
service provided by 99Buddy for discovering and accessing Magenta
Brass Content, including all features and functionalities,
recommendations and reviews, the mobile-application, and user
interfaces, as well as all content and software associated with our
service.
1. Access
1.1. Your access to the Magenta Brass Content
service is dependent upon payment of the designated fee (“access fee”)
which shall be deducted from your Deposit Wallet. We may charge
appropriate goods and service taxes on the access fee in addition to
the access fee. In case your Deposit Wallet does not have sufficient
balance to meet the access fee, you shall be prompted to top up your
Deposit Wallet and once topped up, you will be given access to the
Magenta Brass Content on payment of the access fee. To use the Magenta
Brass Content service you must have Internet access and a Magenta
Brass Content-ready device.
2. Free Trials
2.1. We may offer some Magenta Brass
Content free of cost and such Magenta Brass Content may be accessed on
the Magenta Brass Content-ready device without any deductions from
your Deposit Wallet.
3. Subscription
3.1 We reserve the right to offer the
Magenta Brass Content on a subscription model or any alternate model
of payment and access at our sole discretion.
4. Magenta Brass Content Service
4.1. You must be 18 years
of age, or the age of majority in your province, territory or country,
to access the Magenta Brass Content service. Minors may not access or
use the Magenta Brass Content service.
4.2. The Magenta Brass
Content service and any content accessed through the service are for
your personal and non-commercial use only and may not be shared with
anyone. While accessing the Magenta Brass Content after paying the
relevant access fee we grant you a limited, non-exclusive,
non-transferable right to access the Magenta Brass Content service and
access Magenta Brass Content. Except for the foregoing, no right,
title or interest shall be transferred to you. You agree not to use
the service for broadcasting, public performances, sharing over any
channels etc.
4.3. You may access the Magenta Brass Content only
within India and we reserve the right to place any geographic
restrictions on access to such content depending upon licensing
conditions or having regard to local laws. The content that may be
available for you to access will vary by geographic location and will
change from time to time. Certain Magenta Brass Content may be
available for live streaming and shall not be available on the Magenta
Brass Content-ready device once the live-stream is over. Such content
shall have to be accessed at designated streaming times according to
the schedule available on the Magenta Brass platform and we shall not
be responsible for any loss in content warranted by a delay in
accessing the said content.
4.4. The Magenta Brass Content
service, including the content library, is regularly updated. In
addition, we may continually test various aspects of our service,
including our website, user interfaces, promotional features and
availability of Magenta Brass Content.
4.5. Unless otherwise
specified, payment of access fee for a particular Magenta Brass
Content entitles you to access it only once and any repeat access of
the same content shall require you to pay the access fee again. We may
at our sole discretion offer content that is available for temporary
download and offline access on your Magenta Brass Content-ready device
(“Offline Content”). Such Offline Content once downloaded on to your
Magenta Brass Content-ready device may be accessed as many times as
you wish without requiring payment of additional access fees.
Limitations apply, including restrictions on the number of Offline
Content per account, storage limitations of your Magenta Brass account
and / or your Magenta Brass Content-ready device, the maximum number
of Magenta Brass Content-ready devices that can contain Offline Titles
per account, the time period within which you will need to begin
accessing Offline Titles and how long the Offline Titles will remain
accessible. As Magenta Brass Content is not available outside India,
Offline Titles may also not be playable in countries outside India
even though they were originally accessed, downloaded and stored while
the user was in India.
4.6. You agree to use the Magenta Brass
Content service, including all features and functionalities associated
therewith, in accordance with all applicable laws, rules and
regulations, or other restrictions on use of the service or content
therein. You agree not to archive, reproduce, distribute, modify,
display, perform, publish, license, create derivative works from,
offer for sale, or use (except as explicitly authorized in these Terms
of Use) content and information contained on or obtained from or
through the Magenta Brass Content service. You also agree not to:
circumvent, remove, alter, deactivate, degrade or thwart any of the
content protections in the Magenta Brass Content service; use any
robot, spider, scraper or other automated means to access the Magenta
Brass Content service; decompile, reverse engineer or disassemble any
software or other products or processes accessible through the Magenta
Brass Content service; insert any code or product or manipulate the
content of the Magenta Brass Content service in any way; or use any
data mining, data gathering or extraction method. In addition, you
agree not to upload, post, e-mail or otherwise send or transmit any
material designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment
associated with the Magenta Brass Content service, including any
software viruses or any other computer code, files or programs. We may
terminate or restrict your use of our service if you violate these
Terms of Use or are engaged in illegal or fraudulent use of the
service.
4.7. The quality of the audio or display of the Magenta
Brass Content may vary from device to device, and may be affected by a
variety of factors, such as your location, the bandwidth available
through and/or speed of your Internet connection. Certain enhanced
audio and video capabilities are subject to your Internet service and
device capabilities. Not all content may be available on enhanced
audio or video capabilities and default audio and video settings on
cellular networks will exclude such enhanced capabilities. You are
responsible for all Internet access charges. Please check with your
Internet provider for information on possible Internet data usage
charges. The time it takes to stream the Magenta Brass Content once
access to such content is granted will vary based on a number of
factors, including your location, available bandwidth at the time, the
content you have selected and the configuration of your Magenta Brass
Content-ready device.
4.8. Magenta Brass platform software is
developed by, or for, 99Buddy and is designed to enable use of Magenta
Brass services including Magenta Brass Content services through
Magenta Brass Content-ready devices. This software may vary by device
and medium, and functionalities and features may also differ between
devices. You acknowledge that the use of the service may require third
party software that is subject to third party licenses. You agree that
you may automatically receive updated versions of the Magenta Brass
application and related third-party software.
5. Passwords and Account Access. The user who created the
Magenta Brass account and is charged the access fee for the Magenta
Brass Content (the “Account Owner”) has access and control over the
Magenta Brass account and the Magenta Brass Content-ready devices that
are used to access our service and is responsible for any activity
that occurs through the Magenta Brass account. To maintain control
over the account and to prevent anyone from accessing the account
(which would include information on viewing history for the account),
the Account Owner should maintain control over the Magenta Brass
Content-ready devices that are used to access the service and not
reveal the password or details of the payment methods associated with
the Deposit Wallet of the account to anyone.
6. You are responsible for updating and maintaining the accuracy
of the information you provide to us relating to your account. We can
terminate your account or place your account on hold in order to
protect you, 99Buddy / Magenta Brass or our partners from identity
theft or other fraudulent activity.
7. Warranties and Limitations on Liability. The Magenta Brass
Content service is provided “as is” and without warranty or condition.
In particular, our service may not be uninterrupted or error-free. You
waive all special, indirect and consequential damages against us.
These terms will not limit any non-waivable warranties or consumer
protection rights that you may be entitled to under the laws of your
country of residence.
8. Miscellaneous
8.1. Governing Law. These Terms of Use
shall be governed by and construed in accordance with the laws of
India.
8.2. Unsolicited Materials. We do not accept unsolicited
materials or ideas for Magenta Brass Content and we are not
responsible for the similarity of any of its content or programming in
any media to materials or ideas transmitted to us.
8.3. Customer
Support. To find more information about our service and its features
or if you need assistance with your account, please visit the Help
Center on our website. In the event of any conflict between these
Terms of Use and information provided by Customer Support or other
portions of our website, these Terms of Use will prevail.
8.4.
Survival. If any provision or provisions of these Terms of Use shall
be held to be invalid, illegal, or unenforceable, the validity,
legality and enforceability of the remaining provisions shall remain
in full force and effect.
8.5. Changes to Terms of Use and
Assignment. We may, from time to time, change these Terms of Use. We
will notify you at least 30 days before such changes apply to you. We
may assign or transfer our agreement with you including our associated
rights and obligations at any time and you agree to cooperate with us
in connection with such an assignment or transfer.
8.6.
Electronic Communications. We will send you information relating to
your account (e.g. payment authorizations, invoices, changes in
password or debits to Deposit Wallets, balance short-fall in payment
of access fee, confirmation messages, notices) in electronic form
only, for example via emails to your email address provided during
registration.Terms for content providers (the Licensors)
Annexure II
Standard Content Licensing Agreement
By hosting content on Magenta Brass audio shows you (the
“Licensor”) agree to be bound by the terms of this Standard Content
Licensing Agreement.
WHEREAS
1. The Licensor, owns the underlying intellectual
property including the copyright in the content more specifically
described in Schedule I (the “Content”).
2. The Licensee, a
company incorporated under the laws of India operates a mobile
application and associated website which offers games and audio-visual
/ video / audio content through online streaming on its platform (the
“Magenta Brass”).
3. The Licensor agrees to license the right to
use the Content to the Licensee and all underlying intellectual
property in such Content including copyrights if any in accordance
with the terms and conditions set forth herein and the Licensee agrees
to accept the license on the terms and conditions set forth herein.
NOW THEREFORE, the parties, upon negotiations, agree as follows:
1. Granting of License
1.1 The Content
1.1.1 Upon the terms and conditions hereinafter set forth, the
Licensor hereby grants to the Licensee and the Licensee hereby accepts
the right to use the Content in India.
1.1.2 The Licensor shall
have the sole and exclusive ownership of the Content, including all
improvements, updates, derivative products and intellectual property
rights thereof, whether such improvements, updates, derivative
products and intellectual property rights are made by the Licensor or
the Licensee. The rights and obligations under this paragraph shall
survive the termination of this Agreement.
1.2 Scope
1.2.1 The right to use the Content granted by the Licensor to
the Licensee is effective only for the business operation of the
Magenta Brass platform by the Licensee. The Licensor agrees that the
Licensee may use the Content on any other website or media pursuant to
the purpose of the license and to enable the Licensee to fully utilize
the underlying intellectual properties granted in respect of the
Content as far as such use relates to the Magenta Brass platform.
1.2.2 The right to use the Content granted by the Licensor to
the Licensee is effective only in India.
1.2.3 The license provided by the Licensor is exclusive to the
Licensee in India and the Licensor shall not license the Content to
any third-party during the term of this Agreement without the consent
of the Licensee irrespective of the scope of this license.
1.2.4 The Licensor acknowledges and agrees that the Licensor
shall provide the Content for access, viewing, listening etc. on the
Magenta Brass platform to its users and may permit its users to
download the said Content for offline access, viewing, listening etc.
on the Magenta Brass platform (“Access”).
2. Terms of Payment
The Licensee agrees to pay the Licensor license fees amounting
to INR … per unique Access by the Licensee’s users on the Magenta
Brass platform. For avoidance of doubts, it is clarified that; if the
licensed Content is accessed multiple times from the same device or
multiple devices associated with the same user account, the Licensor
and the Licensee shall treat the same as a single (1) unique Access
and license fees shall be payable only once in respect of such Access.
The Licensee shall pay the license fees for each audio show as
conducted by the licensor after providing the Licensor with details of
the number of unique Access during such period in the manner detailed
out in Schedule II.
The Licensor shall have to raise a tax invoice on the Licensee
to enable the Licensee to pay the license fee.
The Licensor acknowledges that the Licensee may deduct
appropriate income taxes at source as per applicable laws.
Any and all indirect taxes including goods and service taxes
shall be borne by the Licensor and the same shall be accounted for in
the tax invoice raised by the Licensor on the Licensee.
3. Intellectual Property and Confidentiality
3.1 The Licensee shall use its reasonable effort to protect and
maintain the confidentiality of any and all data and information from
the Licensor marked as or known by the Licensee to be confidential
(collectively, the “Confidential Information”). Upon termination of
this Agreement, the Licensee shall return any Confidential Information
to the Licensor or destroy it itself, delete any Confidential
Information from any electronic devices and cease to use such
Confidential Information as required by the Licensor. The Licensee
shall not disclose, grant or transfer any Confidential Information to
any third party without the Licensor’s written consent.
3.2 Both parties agree that this Clause 3 shall survive the
invalidity, amendment, cancellation, termination or unenforceability
of this Agreement.
4. Representations and Warranties
4.1 The Licensor represents and warrants as follows:
4.1.1 It has the exclusive ownership of the Content including
all underlying intellectual property therein and is not bound by any
obligations under law or under contract which prevent it from entering
into this Agreement or licensing the Content to the Licensee having
regard to the scope of the license.
4.1.2 The Content does not contain any material that is in any
way illegal, offensive, against public morality or order, or may hurt
the sentiments of any group of people, or is disparaging or defamatory
of any person or groups of persons.
4.1.3 The execution and performance of this Agreement by it are
within its power and it has taken all necessary actions and obtained
all necessary consents or approvals by third parties or government
agencies to enter into this Agreement and perform this Agreement. The
execution and performance of this Agreement by it do not violate the
laws and contracts binding upon or influencing it; and
4.1.4 Upon execution, this Agreement will constitute a legal,
valid and binding obligation of the Licensor enforceable against the
Licensor in accordance with its terms.
4.2 The Licensee represents and warrants as follows:
4.2.1 It is a company duly incorporated in India and validly
existing under the laws of India;
4.2.2 The execution and performance of this Agreement by it are
within its corporate power and business scope. It has taken all
necessary actions and obtained all necessary consents or approvals by
third parties or government agencies. The execution and performance of
this Agreement by it do not violate the laws and contracts binding
upon or influencing it; and
4.2.3 Upon execution, this Agreement will constitute a legal,
valid and binding obligation of the Licensee enforceable against the
Licensee in accordance with its terms.
5. Licensor’s Ownership and Protection of Licensor’s Rights
5.1 The Licensee agrees, during the term of this Agreement and
thereafter, it shall not challenge the ownership and other rights of
the Licensor in the Content.
5.2 The Licensee agrees to provide necessary assistance to the
Licensor to protect the Licensor’s rights with respect to the Content
and inform the Licensee of any infringement by any third party in
writing if it becomes aware of or has knowledge of such infringement.
5.3 The Licensee agrees that it shall use the Copyright only in
accordance with this Agreement and shall not to use the Copyright in
any manner that could be deemed by the Licensor to be fraudulent,
misleading or otherwise harmful to the Copyright or the reputation of
the Licensor.
6. Indemnity
6.1 The Licensor hereby indemnifies the Licensee against any and
all third-party claims without limitation arising out of breach of any
of the representations and warranties of the Licensor pursuant to
clause 4.
6.2 The Licensee shall have the right to withhold any sums due
to the Licensee including the license fees to meet any liabilities
including legal costs incurred or likely to be incurred by the
Licensee arising out of a claim by any third party resulting from a
breach of the representations and warranties of the Licensor pursuant
to clause 4.
7. Effective Date and Term
7.1 This Agreement shall be executed and become effective as of
the date first set forth above. The term of this Agreement is one (1)
year unless terminated earlier pursuant to this Agreement.
7.2 This Agreement may be extended automatically for one year
upon its expiration (including the expiration of any extended term)
unless the Licensor prior to the expiration hereof gives written
notice not to extend this Agreement.
8. Termination
8.1 This Agreement shall terminate on the date of expiration or
the date of the expiration of extended terms when the Licensor
notifies the Licensee in writing not to extend this Agreement.
8.2 Without prejudice to any legal or other rights or remedies
of the party who asks for termination of this Agreement, any party has
the right to terminate this Agreement immediately with written notice
to the other party in the event the other party materially breaches
this Agreement including but not limited to Clause 3, 4 or 5 of this
Agreement and fails to cure such breach within 30 days from the date
the breaching party receives the written notice of its breach from the
non-breaching party.
8.3 During the term of this Agreement, the Licensor as well as
the Licensee may terminate this Agreement at any time by providing
thirty (30) days’ written notice to the other party.
8.4 Clauses 1.1.2, 3, 5, 6 and 11 shall survive the termination
or expiration of this Agreement.
9. Effect of Termination or Expiration
Upon and after the expiration or termination of this Agreement,
all rights granted to the Licensee hereunder shall forthwith revert to
the Licensor, which shall be free to license the right to use the
Content to others and the Licensee cease any further direct or
indirect use of the Content.
10. Force Majeure
10.1 Force Majeure, which includes but not limited to acts of
governments, acts of nature, fires, explosions, typhoons, floods,
earthquakes, tides, lightning or war, means any unforeseen event that
is beyond the party’s reasonable control and cannot be prevented with
reasonable care of the affected party. However, any insufficiency of
creditworthiness, capital or financing shall not be regarded as an
event beyond the party’s reasonable control. The party affected by
Force Majeure and seeking exemption from performing the obligations
under this Agreement shall inform the other party of such exemption
and any action taken by it in performing this Agreement.
10.2 In the event that the affected party is delayed in or
prevented from performing its obligations under this Agreement by
Force Majeure, and only to the extent such delay and prevention, the
affected party shall not be liable for obligations under this
Agreement. The affected party shall take appropriate measures to
minimize or remove the effects of Force Majeure and attempt to resume
the performance of the obligations that were delayed or prevented by
the event of Force Majeure. Once the event of Force Majeure is
removed, both parties agree to resume the performance of this
Agreement using their best efforts.
11. Settlement of Disputes
Any dispute arising in connection with the interpretation and
performance of the provisions of this Agreement shall be resolved by
the parties in good faith through negotiations. In case no resolution
can be reached by the Parties within thirty (30) days after either
party makes a request for a dispute resolution through negotiations,
either party may refer such dispute to adjudication through
arbitration under the applicable laws. The dispute shall be referred
to a sole arbitrator appointed in accordance with applicable laws.
12. Notices
Notices or other communications required to be given by any
party pursuant to this Agreement shall be emailed to Magenta Brass at
support@Magenta Brass.com and to the Licensor by the email as provided
to the Magenta Brass
13. Assignment and Sublicense
13.1 The rights and obligations licensed by the Licensor to the
Licensee pursuant to this Agreement shall not be assigned, pledged or
sublicensed without the prior written consent of the Licensor.
13.2 The Licensor hereby agrees that it shall not transfer the
rights and obligations under this Agreement to any third party without
the prior written consent of the Licensee.
14. Applicable Law
The validity, performance and interpretation of this Agreement
shall be governed by the laws of India.
15. Amendment or Supplement
The parties may amend or supplement this Agreement by written
agreement. The amendments or supplements to this Agreement duly
executed by both parties shall form an integral part of this Agreement
and shall have the same legal effect as this Agreement.
16. Severability
If any provision of this Agreement is judged to be invalid or
unenforceable because it is inconsistent with applicable laws, such
invalidity or unenforceability shall be only with respect to such
laws, and the validity, legality and enforceability of the other
provisions hereof shall not be affected.
17. Appendices and Schedules
The Appendices and Schedules to in this Agreement shall form an
integral part of this Agreement and shall have the same legal effect
as this Agreement.
Schedule I
Description of Content
Content as
provided on Magenta Brass audio shows from time to time.
Schedule II
Payment Mechanism
The Licensor will be
shown the number of unique access received by the licensor for an
audio show as well as the commensurate license fee payable to the
licensor. The same will be credited to the Linked Wallet Details of
Licensor on Magenta Brass platform
Frequency of Payments… per audio show
DISCLAIMER: Unless otherwise explicitly specified, Magenta Brass
is not affiliated in any way to and claims no association, in any
capacity whatsoever, with any sports governing bodies and leagues,
including, but not limited to the Board of Control for Cricket in
India (BCCI) or the Indian Premier League (IPL).
Anti-Money Laundering Policy
This Anti-Money Laundering Policy (“AML Policy”) is testimony to
the Company’s commitments against money laundering, financing of
terrorism, and related illegal activities. It describes the Company’s
policies and procedures instituted in an attempt to ensure that the
Services offered by the Company are not being used by the Users to
facilitate commission of any criminal offences or violating any
Applicable Laws, including but not limited the Prevention of Money
Laundering Act 2002 and the Unlawful Activities Prevention Act 1967.
Although under the said laws, the Company does not qualify as an
entity obligated to follow the procedures prescribed herein, the
Company has prepared this AML Policy to ensure transparency in the
activities conducted from the Account and to prevent money laundering
and other illegal activities over the Platform in consonance with the
spirit of law.
This AML Policy applies uniformly to any User desirous of
availing the Services or otherwise using or benefitting from the use
of the Platform and should be read as a part of the Terms of Use. It
is imperative that You read this AML Policy before using the Platform
or submitting any personal information. By using the Platform, You are
expressly consenting to be bound by the Terms of Use and consequently
this AML Policy.
Definitions
1.1 . “Beneficial Owner” means: In case of companies, the
natural person who has ownership of over 25% (twenty five per cent) of
the shares; is entitled to over 25% (twenty five percent) of the
profits; or has the power, directly or indirectly, to appoint or elect
more than half of the board of directors of such company, as the case
maybe. In case of partnership firms/limited liability partnerships,
the natural person who has ownership of over 15% (fifteen per cent) of
the capital; or is entitled to over 15% (fifteen per cent) of the
profits of such firm, as the case maybe;
1.2 . “Identification Document(s)” refers to: (i) Permanent
Account Number (PAN) card; (ii) Passport; (iii) Driving License; (iv)
Government issued identity cards; or (v) such other document as may be
notified by the Company from time to time;
“Regulated Entity” shall mean banks, financial institutions or
intermediaries who are mandated by law to maintain records under the
provisions of the Prevention of Money-laundering (Maintenance of
Records of the Nature and Value of Transactions, the Procedure and
Manner of Maintaining and Time for Furnishing Information and
Verification and Maintenance of Records of the Identity of the Clients
of the Banking Companies, Financial Institutions and Intermediaries)
Rules, 2005 (“Verification Rules”).
1.3 .“Suspicious Transactions” refers to the following
activities, whether attempted or executed:
(i) Terrorist financing: transactions which to a Person acting
in good faith appear to have been done in order to collect funds, in
full or in part, by any terrorist or related organization, or in order
to carry out any of the activities relating to terrorism, or terrorist
acts;
(ii) Unusually Complex: transactions which to a Person acting in
good faith appear to have been structured in a manner of unusual or
unjustified complexity;
(iii) Mala-fide Purpose: transactions which to a Person acting
in good faith appear to have not been transacted for bona-fide purpose
or do not have a sound economic rationale.
(iv) Money Laundering: transactions which to a Person acting in
good faith appear to involve proceeds of any offence listed in the
Schedule to the Prevention of Money Laundering Act, 2002.
1.4 . The capitalized terms used herein, but not defined, shall
have the meaning given to our terms of use available at(“Terms of
Use”).
2. AML Policy Is Part Of Our Terms – This AML Policy is a part
of and incorporated within, and is to be read along with the Terms of
Use (the “Terms of Use”).
3. Policy Changes – The Company may change and update this AML
Policy from time to time. Such changes may be made without prior
notice, but any changes will only apply to activities and information
going forward, and not on a retroactive basis. You are encouraged to
review this AML Policy whenever you access the Platform.
4. Your Obligations
4.1 . You acknowledge that it is Your duty to ensure compliance
with the terms and conditions described in this AML Policy and accord
Your consent to not using the Services and the Platform in any manner
which results in committing/attempting to commit any criminal
offences.
4.2 . You must ensure that any personal information and/or
Identification Documents submitted by You belong to You.
4.3 . You must update any information provided by You basis your
Identification Documents within 30 (thirty) days of any change or
modification thereof.
4.4 . In case You are acting on behalf of a juridical person,
You must identify the Beneficial Owner and also assist in verification
of the identity of such Beneficial Owner and any individual who
purports to act on behalf of such juridical person.
5. Purpose of this Policy – In order to mitigate its risks
relating to money laundering and other illegal activities, the Company
intends to put in place this policy which has the following elements:
(i) Customer Acceptance and Verification Terms;
(ii) Risk
Management Procedure; and
(iii) Transaction Monitoring Terms
6. Customer Acceptance and Verification Terms
6.1 . The Magenta Brass Platform may only be used by Persons who
fulfill our eligibility criteria as laid down in our Terms of Use.
Users may further partake any Services offered by this Platform only
after registering themselves on the Platform in accordance with the
procedure stated in our Terms of Use.
6.2 . Money may be deposited or withdrawn from the concerned
Magenta Brass Account by a User only by means of an account maintained
with a Regulated Entity. It is clarified that only those Users whose
accounts with the Regulated Entity have been verified by the Regulated
Entities in accordance with the Verifications Rules may deposit or
withdraw money from their Magenta Brass Account.
6.3 . Users are further required to undergo a KYC verification
process whenever they seek to withdraw Winning from their Account as
provided in the Terms of Use. For the purposes of such KYC
verification of any User’s identity, the Company will rely on
appropriate third-party service providers to authenticate the
Identification Documents and other incidental details provided by the
User. Users must ensure that they have adhered to the KYC requirements
applicable to them with such third-party service providers (including
payment partners) on the Platform.
6.4 . Notwithstanding the foregoing, Magenta Brass reserves the
right to seek further information from the Users, including
Identification Documents.
6.5 . The Company may, in its sole discretion, refuse to open
any new Account, terminate existing Account after giving due notice,
or refuse to process any transactions on the Platforms if it is unable
to ensure Your compliance with this AML Policy, either due to
non-cooperation by the User or due to the details provided by the User
being found unreliable or unverifiable to the Company’s satisfaction.
7. Risk Management Procedure
7.1 . The Company may categorize its Users including You into
low, medium or high-risk categories, after undertaking an appropriate
risk assessment of each User based on the following factors (including
without limitation):
(i)Sufficiency and adequacy of identification information
submitted by the User;
(ii) User’s social and/or financial
status;
(iii) Nature of User’s business/vocational activities;
or
(iv) Guidance notes circulated by various governmental and
inter-governmental organizations.
7.2 . You acknowledge that in order to maintain the integrity of
the risk management procedure, the Company will keep Your risk
categorization and any data related thereto confidential. You will not
be entitled to seek disclosure of Your risk categorization. However,
the Company may disclose the User’s risk categorization data to the
competent enforcement authority if it finds that a particular User has
executed or is likely to execute any Suspicious Transaction.
8 . Transaction Monitoring Terms
8.1 . All transactions executed and/or attempted to be executed
from the Account are regularly monitored by the Company, both manually
and through use of software-based algorithms, in order to promptly
identify and highlight certain kinds of transaction including without
limitation, the following kinds of transactions:
(i) High value transactions of such amounts as may be specified
by Magenta Brass from time to time or as may be required under
Applicable Law;
(ii) Low value but repetitive transaction of
such amounts as may be specified by Magenta Brass from time to time or
as may be required under Applicable Law; and
(iii) Suspicious
Transactions.
8.2 . The Company may, from time to time, undertake necessary
investigation in order to identify and examine transactions
inconsistent with any User’s risk profile (determined in accordance
with Clause 7 (Risk Management Procedure) above), sophistication, and
expected usage pattern.
8.3 . The extent of monitoring shall depend on various factors
including upon each User’s risk profile.
8.4 . The Company may, from time to time, undertake necessary
investigation in order to identify and examine transactions
inconsistent with any User’s risk profile (determined in accordance
with Clause 7 (Risk Management Procedure) above), sophistication, and
expected usage pattern.
9. Maintenance of Records – The Company will maintain and
preserve the following:
(i) Records of all transactions executed on the Platform, for a
period of at least 3 (three) years from the date of each transaction.
(ii) Records of all transactions identified under Clause 8
(Transaction Monitoring Terms) above for a period of at least 3
(three) years, including but not limited to the information about the
nature, value and parties to such transactions, and their date of
remittance.
(iii) Identification records of Users during the
subsistence of and for a period of at least 3 (three) years from the
date of termination of such Account.
(iv) Records of any
communication or interaction between with Magenta Brass (and its
employees, agents, staff or affiliates) with any third party in
official capacity or having/intending to have business or commercial
relationships with Magenta Brass directly or indirectly , in any form
whether oral or written, for all purposes as deemed fit by Magenta
Brass
10 . Compliance, Disclosure, and Notices
10.1 . The Company may share, from time to time, information
regarding transactions identified under Clause 8 (Transaction
Monitoring Terms), identification information of such Users, or any
other information mandated under the Applicable Law, with the
appropriate enforcement authorities.
10.2 . In order to improve the integrity and transparency of
transactions on the Platform, You are encouraged to report any
information You are privy to or become privy to in the future
regarding any Suspicious Transactions or transactions You have find or
have reason to believe are dubious in nature, to our Grievance Officer
by writing to them at support@Magenta Brass.com.
10.3 . In order to ensure compliance with this AML Policy and/or
the Applicable Law, the Company may be required to send You notices
from time to time. All such notices will be sent to such address as
provided by You under Clause 6 (Customer Acceptance and Verification
Terms) of this AML Policy. Where You are required to share any
information according to the procedures contained in this AML Policy,
such communication may be made by You electronically by sending an
email to
10.4 . You may also contact us at the following address: Sakti
Statesman, 6th Floor, green Glen Layout, Bellandur, Bangalore- 560103
Annexure III
COMMUNITY GUIDELINES
We at Magenta Brass, as a platform, constantly strive to ensure
that we are a safe and authentic medium to explore various skill,
learning based digital games and range of content in the form of
audio, video, text and/or image media etc. We are an ethics driven
community and we are committed to create a safe and open environment
for everyone.
The guidelines set out below provide a general guidance and
overview of what is allowed and what is not allowed on our platform
(Community Guidelines), and applies to anything hosted, commented,
communicated on our platform (hereinafter, referred to as content). We
have created these Community Guidelines in order to ensure that you
help us to grow and protect the values that form the foundation of our
community at Magenta Brass By using the Magenta Brass app, you agree
to these Community Guidelines and our ‘Terms of Use’. Our Community
Guidelines reflect our principles and a common code of conduct for our
platform. These Community Guidelines apply to all users with an
account on the Magenta Brass app or who are hosted on the Magenta
Brass app and to all content shared on Magenta Brass app.
We ensure that any violation of these Community Guidelines,
either reported to us, or noted by us, shall be taken very seriously,
reviewed by an internal team at Magenta Brass and appropriate actions
shall be taken and may result into deleting such content,
disabling/deleting of accounts, and other restrictions as deemed
appropriate, or may even be reported to legal authorities if required.
We also recognize that some content that would normally be removed per
our Community Guidelines may be valuable to public and we do recognize
certain exceptions under specific circumstances, as described in the
sections below. We follow a transparent and fair process to review
content on the Magenta Brass App to ensure that at no point of time
there is any violation of Community Guidelines. Any action or decision
taken by Magenta Brass for violation of the Community Guidelines shall
be at the sole discretion of Magenta Brass
At the outset, please note that any content including any
communication / interaction of the following nature is prohibited and
may warrant action from Magenta Brass.
Details of each of the aforementioned items have been explained
and set out below. Please refer to the details set out in each such
paragraph relating to specific acts and read the same carefully in
order to understand what each such prohibition entails.
Please note that we have tried to draft our Community Guidelines
as detailed as possible, however this is not an exhaustive list of
policies and every content, if reported, shall be analysed based on
the parameters mentioned in these guidelines that may be indirectly or
directly violating these guidelines.
User and host discretion are warranted to ensure that apart from
the examples listed below, no content shall be posted that may violate
these guidelines.
We update our Community Guidelines from time to time to ensure
that we act as a safe platform.
We urge you that if you find content that violates this
Community Guidelines, please report it.
I. NUDITY AND SEXUAL CONTENT POLICY
Sexually explicit or gratifying content (including pornography)
is prohibited on the Magenta Brass app, including any animated content
of such nature. Such content is illegal in certain jurisdictions and
may warrant sharing of non-consensual images or may be hurtful to
cultural sentiments.
· Genitals, breasts, female nipples, or buttocks;
·
Pornography such as sexual acts, genitals, or fetishes including
paedophilic content;
· Masturbation or fondling of genitals,
breasts, or buttocks;
· Using or displaying sex toys;
·
Wardrobe accidents or nude photos;
· Violent, graphic, or
humiliating sexual fetish content;
· Nudity or partial nudity;
· Explicit or implied depiction of sex acts; sexual arousal;
· Animated sex acts, pornography, or fetish content;
·
Commission or incitement of Non-consensual sex acts or unwanted
sexualization;
· Bestiality or promotion of bestiality;
·
Incest or promotion of incest;
· Any sexual content involving
minors;
· Commission, promotion, or glorification of sexual
solicitation or sexual objectification;
· Sexual activities such
as penetration, non-penetrative sex, or oral sex;
· Clips
extracted from non-pornographic films, shows, or other content in
order to isolate sexual content;
· Groping, public masturbation,
voyeurism, predatory exhibitionism or any other content that depicts
someone in a sexualized manner without their consent;
·
Provocative dancing that is focused on the dancer’s genitals,
buttocks, nipples, or breasts;
· Content that sexualizes rape in
any form, or content that aggregates clips of dramatized rape scenes;
· Content using otherwise everyday objects or scenarios, such as
injections or eating, for the purpose of sexual gratification;
·
Video game content which has been developed or modified for sexual
gratification, or focuses on themes of unwanted sexualization.
Exceptions: Restrictions on the display of sexual activity may
be relaxed only by Magenta Brass specifically for content posted for
educational purposes.
II. MINOR SAFETY
Users and hosts on Magenta Brass app are required to meet
minimum age requirements for use of the Magenta Brass app (as
stipulated in our Terms of Use). We have a zero tolerance for
predatory behaviour towards minors. We do not allow content that
depicts or disseminates child abuse, child nudity, or sexual
exploitation of children.
· The private parts of minors;
· Sexual exploitation of minors;
· Sexual activities such as penetration, non-penetrative sex, or
oral sex involving minors;
· Sexual arousal involving minors;
· Sexual fetish involving minors;
· Minors consuming,
possessing, or suspected of consuming alcoholic beverages, drugs, or
tobacco;
· Physical or psychological abuse involving minors
i.e., deliberately inflicting injury on a minor’s body or berating a
child with threats of either physical or sexual violence or via bully
tactics;
· Engagement of a minor in a sexually explicit
conversation;
· Incentivization or blackmailing a child to
transmit sexually explicit material;
· Encouragement,
instruction, or justification of grooming behaviour wherein an adult
builds an emotional relationship with a minor to gain their trust for
the purposes of sexual abuse, sexual exploitation, or sexual
trafficking;
· Erotic dances involving minors;
· Content
that contains sexual or erotic language involving minors;
·
Vulgar language not appropriate for younger audiences or use of
sexually explicit language or excessive profanity.
III. INTELLECTUAL PROPERTY
We as a platform encourage everyone to create and share original
content that does not infringe any intellectual property rights of
anyone else.
· Content that violates or infringes someone else’s
copyrights, trademarks, or other intellectual property rights;
·
Plagiarism of other content;
· Plagiarism of other user profiles
by copying profile elements of other user.
IV. HARMFUL OR DANGEROUS CONTENT POLICY
We do not allow content that encourages dangerous or illegal
activities that risk serious physical harm or death.
·
Challenges that pose an imminent risk of physical injury or emotional
abuse;
· Pranks that lead victims to fear imminent serious
physical danger, or that create serious emotional distress;
·
Instructing or showing viewers how to perform activities meant to kill
or maim others;
· Abuse of or giving instructions on how to
create hard drugs such as cocaine or opioids. Hard drugs are defined
as drugs that can (mostly) lead to physical addiction;
· Eating
disorders, praising, glorifying, or encouraging viewers to imitate
anorexia or other eating disorders such as abnormal or disturbed
eating habits which negatively affect a person’s health (including
eating non-food items);
· Promoting or glorifying violent
tragedies;
· Showing viewers how to steal money or tangible
goods;
· Demonstrating how to use computers or information
technology with the intent to steal credentials, compromise personal
data or cause serious harm to others such as (but not limited to)
hacking into social media accounts;
· Content which claims that
harmful substances or treatments can have health benefits.Exception –
We might allow videos that depict dangerous acts if they’re meant to
be educational, documentary, scientific, or artistic, which shall be
the sole discretion of Magenta Brass
V. VIOLENT AND GRAPHIC CONTENT
We do not allow content that is excessively gruesome or
shocking, especially that promotes or glorifies violence or suffering
or content intended to shock or disgust viewers or inciting others to
commit violent acts. If you believe anyone is in imminent danger, you
should reach out to your legal authorities to report the situation
immediately.
· Inciting others to commit violent acts against
individuals or a defined group of people;
· Fights involving
minors;
· Footage, audio, or imagery involving road accidents,
natural disasters, war aftermath, terrorist attack aftermath, street
fights, physical attacks, sexual assaults, immolation, torture,
corpses, protests or riots, robberies, medical procedures, or other
such scenarios with the intent to shock or disgust viewers;
·
Physical violence or accidental deaths of people;
· Dismembered,
mutilated, charred, or burned human or animal remains;
· Gory
content in which an open wound or injury is the core focus;
·
Footage or imagery showing bodily fluids, such as blood or vomit, with
the intent to shock or disgust viewers.
· Content where there is
infliction of unnecessary suffering or harm deliberately causing an
animal distress or animal cruelty;
· Content where animals are
encouraged or coerced to fight by humans
· Dramatized or
fictional footage of anything listed above where the viewer is not
provided with enough context to determine that the footage is
dramatized or fictional;
· Footage of corpses with massive
injuries, such as severed limbs;
· Encouraging others to go to a
particular place to commit violence, to perform violence at a
particular time, or to target individuals or groups with violence;
· Footage of violent crimes such as robberies or rape being
committed that provide no education or explanation to viewers.;
· Animal hunting.
Exceptions: We might allow content that
depict the above mentioned acts if they are a part of staged or
professional fighting, traditional martial arts, or fighting in a
fictional setting, which shall be the sole discretion of Magenta Brass
VI. DANGEROUS INDIVIDUALS AND ORGANIZATIONS
We do not promote any content intended to praise, promote, or
aid violent organizations such as criminal organization or terrorist
organization or individuals belonging to such organizations are not
allowed to use Magenta Brass app for any purpose. We define dangerous
individuals and organizations as those that commit crimes or cause
other types of severe harm. The types of groups and crimes include,
but are not limited to: hate groups, violent extremist organizations,
homicide, human trafficking, organ trafficking, arms trafficking, drug
trafficking, kidnapping, extortion, blackmailing, money laundering,
fraud, cybercrime. We do not allow dangerous individuals or
organizations to use our platform to promote terrorism, crime, or
other types of behaviour that could cause harm.
· Content produced by violent criminal or terrorist
organizations or dangerous individuals;
· Content praising or
memorializing prominent terrorist or criminal figures in order to
encourage others to carry out acts of violence;
· Content
praising or justifying violent acts carried out by violent criminal or
terrorist organizations or dangerous individuals;
· Content
aimed at recruiting new members to violent criminal or terrorist
organizations ;
· Content depicting hostages or posted with the
intent to solicit, threaten, or intimidate on behalf of a violent
criminal or terrorist organization or dangerous individuals;
·
Content that depicts the insignia, logos, or symbols, uniforms,
gestures, portraits, or other objects meant to represent violent
criminal or terrorist organizations;·
Content that praises,
glorifies, or supports dangerous individuals and/or organizations;
· Raw and unmodified reuploads of content created by terrorist
or criminal organizations;
· Celebrating terrorist leaders or
their crimes in songs or memorials;
· Celebrating terrorist or
criminal organizations or dangerous individuals in songs or memorials;
· Content directing users to sites that espouse terrorist
ideology, are used to disseminate prohibited content, or are used for
recruitment;
· Video game content which has been developed or
modified to glorify a violent event, its perpetrators, or support
violent criminal or terrorist organizations or dangerous individuals;
Exceptions: We might allow content that depict the above
mentioned acts if such content is posted for an educational,
documentary, scientific purpose, please ensure to provide enough
information in the video or audio itself so viewers understand the
context, which shall be the sole discretion of Magenta Brass Graphic
or controversial footage with sufficient context may be subject to
warning screen.
VII. SUICIDE, SELF-HARM, AND DANGEROUS ACTS
We do not promote participation in activities that could lead to
harm. We also do not permit users to encourage others to take part in
dangerous activities. We do not allow content that promotes self-harm
or suicide. However, users should not be afraid to speak openly about
the topics of mental health or self-harm.
· Promoting or glorifying suicide, suicidal tendencies or
content that might encourage participation in similar actions;
·
Providing instructions on how to self-harm or die by suicide;
·
Graphic images of self harm, self inflicted wounds;
· Attempts
of suicide or content featuring a person committing or intending to
commit acts that are likely to lead to self-inflicted death;
·
Suicide challenges;
· Inappropriate use of dangerous tools;
Exceptions: Content that provides support, resources, or coping
mechanisms for those going through suicidal ideation
We as a community encourage users who are struggling with
thoughts of self-harm or suicide, or contemplating suicide, to
immediately contact legal authorities or a suicide prevention hotline.
Being a responsible company, Magenta Brass may also report risky
behaviour to relevant authorities, helplines & third party experts
and block your access.
VIII. HATE SPEECH, SLURS AND HATEFUL IDEOLOGIES
We do not tolerate content or any communication between users
that attacks or incites violence against an individual or a group of
individuals on the basis of certain attributes. We do not allow
content any communication between users that includes hate speech,
content promoting violence or hatred against individuals or groups
based on any of the following attributes: age, caste, disability,
ethnicity, gender identity and expression, nationality, race,
immigration status, religion, sex/gender, sexual orientation, victims
of a major violent event and their kin, veteran status, immigration
status.
Hate speech is content that directly or indirectly attack,
threaten, incite violence against, or dehumanize an individual or a
group of individuals on the basis of the attributes mentioned above.
· Encourage violence against individuals or groups based on any
of the attributes noted above;
· Incite hatred against
individuals or groups based on any of the attributes noted above;
· Actions/words that invokes non-consensual slurs which
constitute as derogatory terms that are intended to disparage an
ethnicity, race, or any other attributes listed above;
·
Actions/words that dehumanizes or incites violence or hatred against
individuals or groups, based on the attributes listed above;
·
Action/words that promotes any hateful ideologies by talking
positively about or displaying logos, symbols, flags, slogans,
uniforms, salutes, gestures, portraits, illustrations, or names of
individuals related to these ideologies;
· Music or lyrics that
promote hateful ideologies;
· Content that threatens the unity,
integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to
the commission of any cognisable offence or prevents investigation of
any offence or is insulting any other nation.
IX. HARASSMENT AND BULLYING
We deeply understand the psychological distress that abusive
content can have on individuals, and we do not tolerate abusive
content or behaviour on our platform. Users should feel safe to
express themselves responsibly without fear of being shamed,
humiliated, bullied, or harassed. Content that threatens individuals
is not allowed on Magenta Brass app. We also do not allow content that
targets an individual with prolonged or malicious insults based on
intrinsic attributes, including their group status or physical traits.
· Content uploaded with the intent to shame, deceive or insult a
minor;;
· violent threats, sexual harassment, disparaging
statements regarding appearance, intellect, personality traits, and
hygiene;
· Content that threatens an individual with violence;
· Content that wishes death, serious disease, physical, or other
harm on an individual;
· Content that incites violence or
coordinated harassment;
· Content that sexually harasses a user
by disparaging their sexual activities or attempting to make unwanted
sexual contact;
· Content that praises violent tragedies and
disparages their victims
· Content that uses the comment or
react feature of Magenta Brass app to create abusive content targeting
other users;
· Repeatedly showing pictures of someone and then
making disparaging or hurtful statements;
· Accounts dedicated
entirely to focusing on maliciously insulting an identifiable
individual;
· Threatening someone’s physical safety;
·
Posting an individual’s non public personal identifying information
like a phone number, home address, or email to direct abusive
attention or traffic toward them;
· Directing malicious abuse to
identifiable individuals through in-game voice chat or messages during
a stream;
· Stalking or attempting to blackmail users;
·
Zooming in on prolongedly focused emphasis on the breasts, buttocks or
genital area of an identifiable individual for the purposes of
degrading, objectifying, or sexualizing;
· Video game content
which has been developed or modified to promote violence or hatred
against an individual with the attributes noted above.
Exceptions: We may allow content that includes harassment and
steps to cope with harassment if the primary purpose is educational
such as harassment education and awareness, documentary, scientific,
or artistic in nature. This is based on the sole discretion of Magenta
Brass
X. INTEGRITY AND AUTHENTICITY
We do not allow content that is intended to deceive or mislead
any of our users including. activities such as spamming,
impersonation, and disinformation campaigns:
1. Spam
We
don’t allow content where the main purpose is to directly or
indirectly allude users to leave Magenta Brass app for another
website.
· Video Spam: Content that is excessively posted,
repetitive, or untargeted and does one or more of the following,
promises viewers they’ll see something but instead directs them off
site, gets clicks, views, or traffic off Magenta Brass app by
promising viewers that they will make money fast, sends audiences to
sites that spread malware, try to gather personal information, or
other sites that have a negative impact and content with misleading
show names which do not match the content;
· Any direct monetary
transfer between the users outside the Magenta Brass app;
· Any
direct or indirect transfers between users for the purpose of gaining
any unfair or undue advantage on the Magenta Brass app via settlement
with modes outside the Magenta Brass app;
· Any non-monetary
fake transfer (including gifts) between users for the purpose of
gaining any unfair or undue advantage on the Magenta Brass app;
· Using the title, thumbnails, description, or tags to trick
users into believing the content is something it is not;
·
Manipulated Media: Content that has been technically manipulated or
doctored in a way that misleads users (beyond clips taken out of
context) and may pose a serious risk;
· Content that advances
false claims related to the technical eligibility requirements for
current political candidates and sitting elected government officials
to serve in office;
· Hurtful and unsolicited comments;
·
Comments with links to counterfeit stores;
· Operate multiple
Magenta Brass accounts under false or fraudulent pretences, including
coordinated attempts to manufacture inauthentic activity, distribute
commercial spam, or otherwise coordinate a scaled violation of Magenta
Brass policies
.2. Impersonation
We do not allow users to impersonate other individuals or
organizations in order to deceive the public. When we confirm reports
of impersonation, we remove the violating accounts.
· As another
person or organization by using someone else’s name, biographical
details, or profile picture in a misleading manner;
· Using
someone else’s real name, user name, image, brand, logo, or other
personal information;
· Setting up a user account using the name
and image of a person, and then pretending that person is posting
content or comments.
Exception – We do allow exceptions for parody, commentary, or
fan accounts, as long as the account does not mislead others with
regard to its identity or purpose on Magenta Brass app. Any such
exception shall be at the sole discretion of Magenta Brass
3. Misleading information
We do not permit misinformation that could cause harm to our
community or the larger public. While we encourage our users to have
respectful conversations about the subjects that matter to them, we
remove misinformation that could cause harm to an individual’s health
or wider public safety. We also remove content distributed by
disinformation campaigns.
· Misinformation meant to incite fear,
hate, or prejudice;
· Misinformation that may cause harm to an
individual’s health, such as misleading information about medical
treatments;
· Hoaxes, phishing attempts, or manipulated content
meant to cause harm;
· Content that misleads community members
about elections or other civic processes.
XI. ILLEGAL ACTIVITIES AND REGULATED GOODS
We prohibit the trade, sale, promotion, and use of certain
regulated goods, as well as the depiction or promotion of criminal
activities. Some content may be removed if it relates to activities or
goods that are illegal or regulated in the majority of the region or
world, even if the activities or goods in question are legal in the
jurisdiction of posting. Criminal activities include acts punishable
by law, including theft, assault, human exploitation, and other
harmful behaviour.
· Promotion of criminal activities;
·
Content that promotes acts of physical harm, such as assaulting or
kidnapping;
· Content that risks the safety of others;
·
Content that promotes human exploitation or wildlife trafficking;
· Content that offers the purchase, sale, or trade of unlawfully
acquired goods;
· Content that provides instructions on how to
conduct criminal activities;
· Depiction, trade, or promotion of
firearms, ammunition, firearm accessories, or explosive weapons or
instructions on process to manufacture those weapons;
· Content
that offers, sells, trades, or solicits firearms, accessories,
ammunition, explosive weapons, or instructions on how to manufacture
them;
· Use or trade of drugs or other controlled substances;
· Content that displays drugs, drug consumption, or encourages
others to make, use, or trade drugs or other controlled substances;
· Content that sells, offers, trades, or solicits, provides
information on how to buy drugs or other controlled substances;
· Content that violates any law for the time being in force
Exception – We may provide exceptions to content that displays
firearms or other types of weapons in the following scenarios: in a
fictional setting, as part of a museum’s collection, carried by a
police officer, in a military parade, or used in a safe and controlled
environment such as a shooting range. We may allow exceptions for
content that provides value to the public, such as educational,
scientific, artistic, and newsworthy content. Any such exception shall
be at the sole discretion of Magenta Brass
XII. FRAUDS AND SCAMS
We do not permit anyone to exploit our platform to harm others,
which includes schemes to defraud individuals or steal assets.
·
Content that promotes phishing;
· Content that promotes any
schemes;
· Content that promotes fixed betting, get-rich-quick
schemes, or any other types of scams;
· Content relating or
encouraging money laundering or gambling
· Not adhering to
commitments or fulfilling agreements made by or entered into by the
users, including nonpayment of rewards to users as promised during
using the Magenta Brass app while live streaming content.
XIII. INFRINGEMENT OF OTHERS’ PRIVACY
Revealing or threatening to reveal personally identifiable
information can cause serious emotional distress and lead to
real-world harm. If someone posts your personal information without
your consent, please feel free to report a privacy breach complaint by
providing your uniquely identifiable information such as image or
voice, full name, financial information, contact information, other
personally identifiable information.
· Content that reveals or
threatens to reveal personally identifiable information, including but
not limited to residential address, private email address, private
phone number, bank statement, social security number, or passport
number;
· Threats to reveal sexual imagery or non-consensual
intimate imagery;
· Use personal information gathered on app to
have personal conversation with user on another app or any
communication medium.
XIV. THREATS TO PLATFORM SECURITY
In addition to the content and behaviour outlined above, our
policies prohibit activities that undermine the Magenta Brass service:
· Do not hack the Magenta Brass app, or associated networks, or
bypass its measures to restrict users’ access;
· Do not
distribute files that contain viruses, Trojan horses, worms, logic
bombs, or other materials that are malicious or harmful;
· Do
not use automated scripts to collect information from Magenta Brass
· Do not post any content or indulge in communications with
users to provide tips and encouraging ways to hack the Magenta Brass
app or engage in any other activities that threaten or compromise the
platform security of Magenta Brass app.
XV. ENCOURAGING TERMS OF SERVICE VIOLATIONS
If you post or stream any content that encourages other users to
violate our Terms of Service, the content may be removed, your account
may be penalized, and in some cases your account may be terminated.
XVI. LINKS IN YOUR CONTENT
Links that send users to websites featuring content that
violates our Community Guidelines are not allowed on Magenta Brass
Don’t post links in your content on Magenta Brass if they fit any of
the descriptions noted below.
· Links to pornography;
·
Links to websites or apps that install malware;
· Links to
websites or apps phishing for a user’s login credentials, financial
information, etc.
· Links to websites that seek to raise funds
or recruit for terrorist organizations;
· Links to sites
containing Child Sexual Abuse Imagery (CSAI).
.ACTIONS THAT WILL
BE TAKEN IF YOU POST ANY CONTENT THAT VIOLATES THE COMMUNITY
GUIDELINES
If you see something that you think may violate our Community
Guidelines, please help us by reporting the same on our reporting
option available on the users’ profile. We will review these reports
internally and will work as quickly and as efficiently as possible to
remove content that does not meet our Community Guidelines, or take
actions appropriate for such content after review. Please help us by
providing as much information as possible, such as links, usernames,
and descriptions of the content, so we can find and review it
effectively.
We take genuine intellectual property infringement complaints
very seriously. If you come across any content that you feel may be
infringing any intellectual property, please report to us at the
earliest and we shall review such complaint as quickly as possible.
While doing so, we request you to provide us as much information as
possible such as the reason why you feel the content infringes any
intellectual property.
We may work with law enforcement whenever necessary, including
when we believe that there’s risk of physical harm or threat to public
safety.
For more information, please read our terms and conditions
(Terms of Use) available on the Magenta Brass App.We would like to
thank you for helping us as we strive to be one of the best and
compliant communities.
The Magenta Brass Team
