These terms our use (“Terms of Use”), which includes all applicable policies and such other rules, guidelines and terms which are incorporated herein by reference, govern your access to our services (“Services”) and our games and related products (collectively “Games”). By playing the Games, You shall be contracting with HIGHXP Private Limited, a company registered under the provisions of the Companies Act, 2013 and having its registered office at Obeya Pulse, #7, 1, Ulsoor Road, Yellappa Chetty Layout, Bangalore 560042 (hereinafter referred to as “HIGHXP” or “We” or “Us”). These terms and conditions including the policies constitute Your binding obligations, with HIGHXP.
Many of these Games may be playable by one or more persons simultaneously (each a “User” and collectively “Users”), and the conduct of all such Users while playing the Games or using the Services are governed by these Terms of Use.
This Agreement is a binding contract between you and HIGHXP that provides for important rights and obligations. By accessing and/or using the Services and/or playing, downloading our Games you represent to HIGHXP that you have read, understood, and agree to be bound by these Terms of Use and all applicable local, state, national and international laws, and conventions, including without limitation all intellectual property laws. HIGHXP reserves the right, at its sole and absolute discretion, to deny any User access to the Services, without notice. If you violate any of the Terms, we may, at our option, give you a warning notice of violation or terminate your account immediately for violation of the Terms of Use.
All Games made by HIGHXP are provided exclusively on the basis of these Terms of Use. Any general terms and conditions of the user shall expressly not form part of the agreement, even if HIGHXP does not expressly object to their applicability
YOU MUST AGREE TO THIS TERMS OF USE AGREEMENT BEFORE USING OUR SERVICES AND/OR PLAYING OUR GAMES.
If you do not agree to any or all of these terms, you may not access the Services or play our Games. These Terms of Use are displayed when downloading each Game, within the Game and on any Game-specific websites, where applicable.
2. Eligibility to use the Services and play the Games
By your use of the Services, you agree that you are either 18 years of age or older or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding act and to abide by these Terms of Use and all other applicable rules and policies of HIGHXP. If you are younger than 13 years of age, you are not allowed to use the Services. If you are between 13 and 18 years of age you require the consent of your parents or legal guardians for using the Services and by accessing the Services, you agree that your parent or legal guardian has consented to your use of the Services. If your parent or legal guarding does not consent to your use of the Services and you are under 18 years of age, you shall not use the Services. To the extent permitted under applicable law, HIGHXP rejects and declines any responsibility regarding any activities conducted by a person under 18 years old without the permission of a parent. If you are a parent or legal guarding and you give your consent or permission for your child to register for the Services, you thereby agree to the terms relating to use of the Services by your child.
Contract for the playing a Game is concluded by downloading the Game from the respective app store or website. Details of this process can be found in the terms of use of the respective app store or website. The download creates a contract between the User and HIGHXP for the free use of the respective Game. The corresponding license and usage agreement on the basis of these Terms of Use is concluded for an indefinite period of time and may be terminated by either party at any time. HIGHXP continuously updates, changes, and adds content to the Games and Services at its own discretion. Users can therefore only participate in the game, service, or other offering in its then-current form.
3. HIGHXP’s Right to modify the Terms of Use
HIGHXP may modify this Agreement at any time, with or without notice to you, by posting the modified Terms of Use in the game or making it available on any other platform used as part of provision of the Services. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events which occur following the date of modification. It is your responsibility to check these Terms of Use regularly to determine whether the Terms of Use has been modified. If you do not agree to any modification of these Terms of Use you must immediately cease use of the Services and uninstall any games you have installed on your computer, mobile device, or any other technological medium.
4. Privacy Policy
These Terms of Use also includes the Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy carefully. https://www.HIGHXP.in/privacy-policy By using the Services and playing the Games, you are consenting to the Privacy Policy.
5. Installation and Login
If you download the Game or use the Services without creating an account, we will create and assign to your device an identifier that is similar to an account number (“Guest User ID”). We will use the Guest User ID information for providing customer support to any users who have not created logged in to the Game or created an account.
However, you may not be able to receive customer support or may not use virtual items or currency for which you have paid if you change your mobile device without creating an account with HIGHXP.
We strongly urge you to create an account. You may create an account by logging in through your Facebook account, in which case an identifier will be assigned to your Facebook account (“User ID”). The User ID:
1. Enables you to access the Game using the same User ID created by logging in through your Facebook account on different devices;
2. Enables us to offer your social network services, if applicable; and
3. Enables you to log-in and use the User ID without creating a new profile for the Game.
When creating an account, HIGHXP will collect certain personal information. This information will be held and used in accordance with our Privacy Policy.
You may delete your account at any time by requesting our customer support team to delete your account and User ID. We will use commercially reasonable efforts to respond to your request.
You are solely responsible for the activity that occurs through your account. You shall be solely responsible for maintaining the confidentiality of your User ID and login credentials. You may not share your account with a third party or use the account of a third-party. You agree to notify HIGHXP immediately in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.
By creating a User ID or Guest User ID and using the Services and Games, you agree not to
1. copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the Games or Services or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion);
2. use the Games or the Services on it, or provided to you through it, for:
● any unlawful purpose or in contravention of applicable law;
● commercial exploitation without our prior written consent; and
● any purpose or in any manner that may give a false or misleading impression of us, our staff, or our services.
3. establish a link to the from any other website, intranet, or extranet site without our prior written consent.
● decompile, disassemble, or reverse engineer (or attempt to do any of them) any of the software in the Games or Services;
● do anything that may interfere with or disrupt the Games or Services;
● encourage or permit others to do any of the above;
● publicly criticize, disparage, call into disrepute, or otherwise defame or slander the HIGHXP and any of its officers, directors, members, or employees.
● stalk, harass, threaten, or defraud other Users;
● use any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Games and Services;
● develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, or other “cheat utility” software programs or applications in violation of the applicable License Agreements;
● exploit, distribute, or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage;
● attempt to collect any personal information about any users or to disclose such information;
● share the Game IDs or other information that let anyone else use your Game IDs;
● access another user’s account without permission;
● assist, permit or encourage any party in engaging in any of the activities described hereinabove.
Pursuant to creation of a Guest User ID or User ID, we may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the Games. You can manage push notifications from your device’s settings page for the relevant game.
Also, if you choose to share your e-mail address with us, we may send e-mail to your e-mail account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want to receive our e-mail notification, please contact us.
You further agree that we may also send messages to you by way of SMS, if you choose to share such information with us. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by contacting us.
6. License
a. Ownership of HIGHXP
HIGHXP owns, has licensed, or otherwise has the right to use all of the content and materials that appear in the Services and Games, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, a user account, virtual items and virtual currencies, and their selection and arrangement, which are all protected by law from unauthorized use. The entire contents and materials of HIGHXP are copyrighted under all applicable laws.
By using the Services and playing the Games, you agree that no content or materials that appear on the Games may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited, without the express prior written permission of HIGHXP, expect that the foregoing does not apply to your own User Content (as defined in Section 7) that you legally post on the Games or Services.
All other uses of copyrighted content and materials, including any derivative use, requires express prior written permission from HIGHXP. Any reproduction or redistribution of the content and materials not in accordance with the Terms of Use is expressly prohibited and may result in severe civil and criminal penalties. HIGHXP and/or its licensors remain the owners of right, title, and interest, including, but not limited to, copyrights and other intellectual property rights, in and to all content and materials posted as part of the Games or Service by HIGHXP.
By using the Services or by accessing any materials posted on the Games by HIGHXP, or derivative works thereof, you acknowledge that you do not acquire any ownership rights.
You acknowledge and agree that you have no ownership or other proprietary interest in the Guest User Id, or the User ID (Collectively “Game IDs”) and you further acknowledge and agree that all rights in and to the Game IDs are and shall forever be owned by an inure to the benefit of HIGHXP.
All rights not expressly granted to you in these Terms of Use are reserved by HIGHXP
b. Limited License
HIGHXP hereby grants you a personal, non-exclusive, non-transferable, and revocable limited license to use the Services and play the Games subject to compliance with these Terms of Use. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under the Terms of Use, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
c. Trade of virtual currency or items
HIGHXP prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the Games or Services, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Games or Services, unless expressly authorized by HIGHXP. Any such transfer or attempted transfer is prohibited and void and may subject your account to termination.
7. User Content
a. Your Representations and Warranties
“User Content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the Games or Services. By transmitting, submitting, or posting any User Content while using the Games or Services, you affirm, represent and warrant that such transmission or submission are (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the Games or Services. HIGHXP assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under the Terms of Use. You further acknowledge and agree that any of your personal information within such content will at all times be processed by HIGHXP in accordance with its Privacy Policy.
b. Prohibited User Content
In addition to what is already provided in the Terms of Use you and all other users of the Games and Services represent and warrant that you shall not post, display, upload, modify, publish, transmit, update, or share any information that:
1. Infringes on the intellectual property rights of any other person or entity
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. is posted without permission of the owner of the information
4. violates any law for the time being in force;
5. impersonates another person;
6. harms minors in any way;
7. invasive of another's persons privacy;
8. deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive and menacing in nature;
9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
10. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
11. Spreads false and inaccurate information
12. violates or attempts to violate the integrity or security of the Games or Services;
13. disrupts the services or in any way attempts to solicit users towards the services of a competitor
14. may interfere with the proper operation of the Games or Services or our systems;
In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of Your actions. In the event HIGHXP has reasons to believe that you have indulged in any of the activities specified above, we reserve the right to immediately suspend or terminate your Game IDs and restrict your access to the Games and Services at our discretion.
You should not post any User Content if you are in doubt about its legality or its prohibition by the Terms of Use. You acknowledge that HIGHXP is a service provider that may allow Users to interact regarding topics and content self-chosen by the Users. HIGHXP does not endorse any User Content or any opinion, recommendation or advice that may be expressed. HIGHXP generally does not regulate and shall have no obligation to monitor any User Content. Nonetheless, HIGHXP and its agents shall have and reserve the right to monitor any User Content from time to time for any lawful purpose. HIGHXP may, without notice to you, remove, or block any User Content, including disabling access to such User Content. HIGHXP also may terminate your access to the Services and Games and refer the User Content to law enforcement if it is in violation of any applicable laws.
c. License to Use User Content
You hereby grant HIGHXP a worldwide, royalty-free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the Games and Services, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving a written notice to us at any time. In such a case, HIGHXP will cease any use of the User Content within 2 months after receiving such a notice from you.
d. Copyright Infringement
HIGHXP has put in place certain procedures regarding allegations of copyright infringement occurring as part of the Services. HIGHXP has adopted a policy that provides for the immediate suspension and/or termination of access to any Service or Game if you are found to have infringed on the rights of HIGHXP or of a third party, or otherwise violated any intellectual property laws or regulations. HIGHXP’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want HIGHXP to delete, edit, or disable the material in question, you must provide HIGHXP with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HIGHXP to locate the material; (c) information reasonably sufficient to permit HIGHXP to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted. For this notification to be effective, you must provide it to Company’s designated agent at: [insert email address]
8. Fees and Purchase Terms
Some of Games may be described as a “free game” within the description page of App marketplaces. All users may download and play such Games free of charge. HIGHXP reserves the right to introduce features in the games that charge real money for additional content.
You agree and acknowledge that HIGHXP is not required to provide a refund for any reason and that you will not receive any money or other compensation for unused virtual items when a Game ID is closed, whether such closure was voluntary or involuntary. You are liable for all charges whether authorised or unauthorised that arise from your Game ID.
YOUR PURCHASE OF VIRTUAL CURRENCY IS FINAL AND IS NOT REFUNDABLE, EXCHANGEABLE AND TRANSFERABLE, EXCEPT AT OUR SOLE DISCRETION.
You agree to pay all fees and applicable taxes incurred by you. HIGHXP may revise the pricing for the additional content in the Games at any time.
9. Third Party Advertising
The Games and Services may feature advertisements from third parties or provide links to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Games and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. HIGHXP makes no representation or warranty regarding any content, goods and/or services provided by any third party and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of HIGHXP and may collect data or solicit personal information from you. HIGHXP is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
10. Disclaimers & Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAMES AND SERVICES ARE AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER HIGHXP NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSEES OR LICENSORS (COLLECTIVELY, “HIGHXP PARTIES”) ASSUME LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GAMES AND SERVICES, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAMES AND SERVICES, (e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAMES AND SERVICES BY ANY THIRD PARTY, AND/OR (f) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAMES AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT HIGHXP PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE GAMES OR SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT HIGHXP PARTIES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HIGHXP PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE GAMES AND SERVICE, AND THAT THE RISK OF THE GAMES AND SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL HIGHXP PARTIES BE LIABLE TO YOU FOR AN AMOUNT MORE THAN THE PURCHASES MADE ON A GAME OR RUPEES 1,000/-, WHICHEVER IS LESSER.
11. Indemnification
You agree to indemnify and hold harmless HIGHXP Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Games and Services, (b) any violation by you of the Terms of Use, or (c) any breach of the representations, warranties, and covenants made by you herein.
12. Termination and Suspension
HIGHXP may limit, suspend, or terminate your use of the Games and Services if we have reasonable belief that you fail to comply with these Terms of Use.
HIGHXP reserves the right to stop providing or supporting any part of the Games or Services or a particular game at any time either permanently or temporarily, at which point your license to use the Games or Services, or a part thereof will be automatically terminated or suspended. In such an event, HIGHXP is not required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Games or Services.
13. Force Majeure
HIGHXP shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, pandemic accident, act of God, war, riot, strike, lockout, traffic, or other concerted act of workmen and/or act of Government. HIGHXP may at its sole discretion withdraw the Games and Services if a Force Majeure event occurs.
14. Third party rights.
Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party who is not a party to these Terms and Conditions and such third party has no rights to enforce them.
15. Waiver.
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
16. Termination
You may terminate this agreement by ceasing to use the Services and deleting the Games and Games ID. HIGHXP reserves the right to terminate your Games ID or access to the Services at its sole discretion without ascribing any reason for the same.
17. Governing law and Dispute Resolution.
These Terms and Conditions shall be governed in all respects by the laws of India and any disputes or legal proceeding arising out of these Terms and Conditions shall be subject to exclusive jurisdiction of the courts located in Bangalore, India.
18. Survival
Even after termination License, User Content, Fees and Purchase Terms, Disclaimers and Limitation of Liability, Indemnification, Force Majeure, Dispute Resolution, and any other clause that naturally survives the termination of this agreement shall survive.
19. Severability
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
20. Contact Information
If You have any grievance, comment, question, or suggestion regarding any of our Games and Services, please contact our customer service at support@highxp.in . If any If You have any questions concerning HIGHXP, the Games and Services, these Terms of Use, or anything related to any of the foregoing, HIGHXP can be reached at the following email address support@highxp.in .
21. Grievance Redressal
HIGHXP believes in ensuring that all the Users of the Games and Services are able to get best experience available. Therefore, we believe in addressing any grievances or concerns that the Users have with regard to their experience on the Games.
You shall also receive a numerical ID for tracking your grievances with the customer care. We assure you that HIGHXP will make all reasonable endeavours to address the grievance made by You at the latest within 30 days from the date of receipt of the grievance.
A grievance will be treated as closed if You communicate Your acceptance of the response received from the customer care team or where You fail to respond to the response received from the customer care team within 30 days.
If you are not satisfied with the response received from the customer care team you can escalate the matter to the Grievance Officer. The details of the Grievance Officer are as follows: