1.2. These Terms and Conditions apply to all users of the Portal, including any contributors of content (the “Users”).
1.4. If at any time the Users do not accept or agree to any of the Terms and conditions or policies mentioned in Clause 1.3, on a continuing basis in relation to any of the Services offered, they may not access the Portal or use any of the Services.
1.5. These Terms and Conditions were posted on 14/12/2020. GAMETHON reserves the right to periodically review, update, change or replace any part of these Terms and Conditions as it may consider appropriate.
1.6. Any changes to these Terms and Conditions will be posted on this page and where appropriate and/or notified to the Users in the Portal.
1.7. Any Users’ continued usage of the Portal or the Services after such changes constitutes their consent to such changes.
1.8. Users are encouraged to check these Terms and Conditions regularly so as to be aware of modifications, if any.
2.1. Accepting these Terms and Conditions by registering on, browsing, downloading, using or accessing any part of the Portal or utilizing the Services will constitute a legal contract between the User and the GAMETHON.
2.2. 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 use the Portal.
2.3. Only individuals who are 18 (eighteen) years of age or older may use the Portal and avail Services.
2.4. GAMETHON reserves the right to terminate any User’s account and/or deny access to the Portal if it is brought to GAMETHON’s notice that a particular User has violated any of these Terms and Conditions.
2.5. Further, in the event of such termination or denial of access, GAMETHON shall, subject to applicable deductions, refund all Entry Fees (defined below) paid by the User (if applicable), to the User’s designated bank account.
2.6. The Services available on the Portal are open only to persons currently residing in India.
2.7. Employees, partners, affiliates, relatives and family members of those associated with GAMETHON shall not be eligible to participate in any of the Services.
2.8. Only those Users who have successfully registered on the Portal in the manner prescribed in Clause 3, as well as registered prior to the utilization of any Service, in accordance with the procedure outlined in these Terms and Conditions shall be eligible to participate in the Services.
2.9. Certain Services being provided on the Portal may be subject to additional conditions in that respect. To the extent that the Standard Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
3. Account Registration
3.1. GAMETHON permits all its Users to access and view certain portions of the Portal without registration. Users may utilize the Services and access the Portal by opening an account on the Portal. By registering on the Portal or utilizing the Services, users automatically become members.
3.2. The User’s membership is limited to the purpose and is subject to the acceptance and adherence with these Terms and Conditions. So long as the User abides by and accepts these Terms of Service, GAMETHON grants such users a non-transferrable, limited, non-exclusive and revocable privilege to register an account on and use the Portal and avail the Services.
3.3. In order to register for the Services, Users are required to accurately provide the following information:
3.4. Every account registered should have unique email address, Phone number and the PAN details. If identified that the same user details are being used under multiple accounts, then the GAMETHON at its sole discretion will terminate/deactivate the users account without the users consent and any deposits made will not be refunded.
3.5. For users registered through Facebook and Google, the random username generated should be revised to a proper username. This is mandatory as per our updated policy and compliance requirements.
3.6 The Users agree to provide accurate, current and complete information during the registration process and to update their user account at the earliest in the event of any changes to the provided information.
3.7. On registration, each User will have a password-protected account and log in information. It shall be the responsibility of the User to treat their log in information, password and any other information that is provided by GAMETHON, as part of the security procedures, as confidential and not disclose the same to any person or entity other than GAMETHON. Each User is solely responsible for all activities that occur under their account, including the use of any of the Services. Each User is responsible for protecting the confidentiality of his username and password and any activity under the account will be deemed to have been done by the User. In the event the User provides us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.
3.8. GAMETHON, 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 Portal or Services temporarily or permanently and/or initiate appropriate legal proceedings:
3.9. GAMETHON may, at its sole and absolute discretion:
3.10. 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 GAMETHON.
3.11. By accepting the T&C during registering with GAMETHON, the user also accepts to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by the user, even while on DND status.
4.1. Withdrawals from user accounts are made through various payment gateways which are verified to ensure that all the transactions are safe and secure:
4.2. All Withdrawal requests are processed as bank to bank transfers by way of NEFT and processed by our payment gateway partner. The user can withdraw money to his own bank account. Withdrawal will not be processed if the user name and the name on the bank account is different. However if the User wants to withdraw to another bank account the User will have to provide valid reason and proof for requesting the same.
4.3. The bank account details should be an Indian bank account and should be unique and should not be present under any other GAMETHON user account.
4.4. Each bank holds unique IFSC code and it is 11 digit alphanumeric code. The users must ensure to provide the right IFSC in order to avoid any cancellation of the withdrawal request.
4.5. Once the request is placed, the request to be processed instantly. The payment process will go through the validation process. During which we will be asking you to submit
.(i) Proof of payments deposited in your wallet.
(ii) Proof of Identity - PAN card/ Adhaar Card or Driving License.
(iii) cancel check or bank passbook to validate that you are the owner of the bank account.
Failing to provide the above verification will delay the process of transferin to bank account. GAMETHON has the right to ask for any other additinal informatin from the user which the user has to provide.
4.6. After 15 business days, if the amount still does not reflect in your bank account, we request the users to contact GAMETHON support team with the copy of Password protected bank statements issued by the respective Bank.
4.7. GAMETHON considers the bank account information provided by the users is accurate. Based on this information, any withdrawal requests on the user account will be processed. Once this is done, GAMETHON is not liable for any wrong/incorrect information provided by the user while placing the withdrawal request, in case of transaction failures or funds being transferred to different bank account
4.8. Withdraw Limit- The minimum amount for a single withdraw request is Rs. 200 and Maximum amount can be withdrawn is Rs. 1,00,000
5.1. 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. Deposits to user accounts are made through various payment gateways which are verified to ensure that all the transactions are safe and secure:
5.2. GAMETHON may from time to time provide promotional offers in the form of discounts or cashback etc. which are credited into the account of the User as Bonus. However, terms and limitations of the usage of the said Bonus received through such promotional offers and/or cashback are decided by GAMETHON which shall be updated from time to time. GAMETHON reserves the right to revise/change/amend/alter the terms of the usage of the said Bonus received from such promotions at any time without any prior notice.
5.3. Any deposits made through payment gateways should reflect immediately in users GAMETHON account. If there is any delay, please contact us with the screenshot of the deduction for any further assistance.
5.4. When making deposit to user account, if the transaction fails due to unknown reasons and the amount is deducted from your payment gateway wallet and not credited in your GAMETHON user account, please contact the payment gateway that you used to make the payment for the refund.
5.5. Please be advised that in case of transaction failures, GAMETHON does not receive payments and hence, is not liable to make refund. In this case, the refunds are to be made by the payment gateways.
5.6. For any reasons, if the tournament/contest is abandoned/cancelled before or after the start of the game, the user may contact GAMETHON support for a reversal of the fees to his credit balance.
Incase the user wants a refund of the deposit he made, the user has to contact GAMETHON for the sae with prof of deposit made withing 2 days of making the desosit. Refund requests made by the users to GAMETHON shall be processed within 7 days of the date of receipt of the request. The amount will be refuded back to the source of funding.
6. Usage of Services/ Portal
GAMETHON organizes, creates and manages competitions for online game tournaments and helps gamers find tournaments to join. Each tournament is different because it is subject to the parameters set by GAMETHON through the Site, Mobile Application including, without limitation, interactions and rankings among event attendees, communications and the awarding of prizes, if any.
6.1. Game Formats: GAMETHON provides competitions for third party games in two (2) separate formats:
6.2. Public Competitions: Public Games usually comprise of 2 Participants, 10 Participants, 50 Participants, 100 Participants, 500 Participants, 1000 Participants or any other pre-designated number of Participants as determined by GAMETHON, with the Winners of Public Competitions determined at the end of each respective round of the Competition.
6.3. Confirmed Competition: Certain Public Competition may be designated as ‘confirmed’ Public Competition wherein even if all available Participant slots are not filled within the specified time, such Public Competition will become operational once the number of Participants equal the pre-specified number of Winners for such Public Competition.
6.3. Dynamic Competition: Certain Public Competition may be designated as ‘Dynamic’ Public Competition wherein the prize pool increases as the number of participants increases. The prize pool which is distributed among the winners increases as the Participant slots are filled within the specified time.
6.5. Third Party Sites, Services and Products
7. Intellectual Property
7.1. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services, is owned by or licensed to GAMETHON. By submitting Content on or through the Services, Users grant GAMETHON a worldwide, non-exclusive, royalty-free license -with the right to sublicense- to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such Content in any and all media or distribution methods now known or later developed.
7.2. Users must not copy, distribute, make available to the public or create any derivative work from any Content belonging to GAMETHON and/or any other User. GAMETHON respects the intellectual property rights of others and expects Users to do the same. If Users or any third party believe that their Content has been copied in a way that constitutes copyright infringement, they shall provide GAMETHON with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing 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 the location of the material; (iv) contact information, including address, telephone number, and an email address; (v) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner.
7.3. GAMETHON, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, services, processes, technology, images, content and other materials which appear on the Website and/or the application. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to GAMETHON or any third party’s intellectual property rights. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the permission of GAMETHON.
7.4. You may not modify, distribute or re-post anything on the portal of GAMETHON for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of GAMETHON, its affiliates, its partners or its suppliers/service providers. All other marks and intellectual property including those on their party sites/games etc. are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the portal. Access to or use of the Website does not authorize anyone to use any name, logo or mark in any manner. References on the Website to any names, marks, products or services of third parties or hypertext links to third party Websites or information are provided solely as a convenience to you and do not in any way constitute or imply GAMETHON’s endorsement, sponsorship or recommendation of the third party, the information, its services.
The Company is not responsible for the content of any third party Websites and does not make any representations regarding the content or accuracy of material on such Websites. If you decide to access a link of any third party Websites, you do so entirely at your own risk and expense.
8.1. GAMETHON reserves the right at all times to remove or refuse to include, distribute and/or display any Content on the Services, to suspend or terminate Users, and to reclaim usernames and/or any channel name without any liability. GAMETHON also reserves the right to access, read, preserve, and disclose any information as it reasonably believed is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, or to protect its rights, property or safety, its Users and third parties.
8.2. Users shall not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, GAMETHON’s computer systems, or the technical delivery systems of GAMETHON’s providers; probe, scan, crack, track and/or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces provided and only pursuant to these Terms, forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. Users shall provide accurate and up to date information when creating their accounts and/or using the Services. Accounts are limited at one per User. The sell or transfer of any account or part of it, Content, items and/or any part of the Services is strictly prohibited.
8.3. GAMETHON reserves the right to suspend or terminate any access to the Services, including by terminating or deleting any accounts and any Content related without any notice or communication, if there is a reasonably belief that such User is in breach of these Terms. In the event of any breach, Users who caused shall compensate GAMETHON for all losses, harm, claims and expenses that may arise.
9.1. All right, title, and interest in and to the Services, according to the provisions set on these Terms, are and will remain the exclusive property of GAMETHON and its licensors. Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the GAMETHON name or any of the GAMETHON trademarks, logos, domain names, properties and other distinctive brand features.
9.2. These Terms will continue to apply until terminated by either Users or GAMETHON as follows: (i) Users may end this legal agreement with GAMETHON at any time for any reason, by discontinuing the use of the Services and contacting email@example.com to delete their account, provided that they will still be responsible for all the conditions set in this Term for the time they used the Services. Accounts may be deactivated and/or deleted due to prolonged inactivity; (ii) GAMETHON may suspend or terminate Users accounts or cease providing with all or part of the Services at any time for any reason, including, but not limited to, if there is a reasonably belief that such Users have violated these Terms or created a risk or possible legal exposure; or if at its own discretion the provision of the Services is no longer commercially and or technically viable.
9.3. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
9.4. The access to and use of the Services or any Content are at Users’ own risk. Users understand and agree that the Services are provided on an "as is" and "as available" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, GAMETHON disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement.
9.5. GAMETHON makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GAMETHON or through the Services, will create any warranty not expressly made herein.
9.6. The Services may contain links to third-party websites or resources. Users acknowledge and agree that GAMETHON is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GAMETHON of such websites or resources or the content, products, or services available from such websites or resources. Users acknowledge sole responsibility for and assume all risk arising from its use of any such websites or resources.
9.7. To the maximum extent permitted by applicable law, GAMETHON shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use of, or inability to access to or use the services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.
9.8. In no event shall the aggregate liability of GAMETHON exceed the total amount that such User has paid to GAMETHON in the six month period ending on the date of the claim, to a maximum of Rs.50000. The limitations shall apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not GAMETHON has been informed the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
9.9. The failure of GAMETHON to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
9.10. GAMETHON's online competitions are not Gambling and Lotteries and are merely an organized competition for prospective gamers.
9.12. GAMETHON may revise these Terms from time to time, the most current version will always be on the mobile application or the website. GAMETHON reserves the right, but not the obligation, in its sole discretion, to notify any modification via e-mail to the email associated with Users account. However, by merely continuing to access or use the Services after those revisions become effective, Users agree to be bound by the revised Terms.
10. Tax & TDS Policy
10.1. Any tax/levies/duty etc., as applicable, shall be paid by the user of the platform.
10.2. There is no TDS deducted as the winning amounts are up to or less than Rs.10,000/- on the platform.
10.3. TDS is deducted on winning amounts above Rs.10,000/- on the platform before releasing the winnings prize/product/amount and/or in whatever name called.
10.4 Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 30% TDS should be deducted on any wining above Rs.10,000/- in a single game.
10.5. The person responsible for paying shall, before releasing the winnings, collect the TDS amount from the winner.
10.6 Your prize can only be redeemable after TDS deduction, if winning product is above 10,000/- . TDS amount is to be paid to us as provided by Section 194B read with Section 115B of the Income Tax Act, 1961.
10.7. The User will have to provide his valid PAN card copy so that GAMETHON can file TDS deducted accordingly.
10.8. TDS has to be paid within 24 hours. Kindly give us time period of 15 working days to deliver your prize.
10.9. To claim your winning product, if TDS as applicable by govt. (as per Section 194B read with Section 115BB of the Income Tax Act, 1961) on your winning, winner gets 24 hrs time to pay TDS from the time of winning to claim their prize. If user fails to pay TDS within 24 hrs his/her winning will be considered as expired.
11. User Conduct
11.2. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by GAMETHON). Users further agree to update and keep updated their registration information.
11.3. Conditions of Participation By entering a Contest, user agrees to be bound by these Terms and the contest rules and the decisions of GAMETHON. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
It is clarified that in case a User is found to be in violation of this policy, GAMETHON reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
12. Payment Terms
12.1. In respect of any transactions entered into on the GAMETHON platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
13. Release and Limitations of Liability
13.1. Users shall access the GAMETHON Services provided on GAMETHON voluntarily and at their own risk. GAMETHON shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the GAMETHON Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
14.1. To the extent permitted under law GAMETHON shall not be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
14.2. To the extent permitted under law, GAMETHON shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of Servers, Services, Games, cancellation of any Games and Prizes. GAMETHON disclaims any responsibility for, and if a User pays for access to the Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by GAMETHON’s maintenance on the Servers or the technology that underlies the Portal, failures of GAMETHON’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of GAMETHON facilities, acts of nature, war, civil disturbance, or any other cause beyond GAMETHON reasonable control. Additionally, GAMETHON does not provide any warranty as to the content on the Portal, with such content distributed on an “as is, as available” basis.
14.3. Any material accessed, downloaded or otherwise obtained through GAMETHON is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
14.4. GAMETHON shall make best endeavors to ensure that the Portal is error-free and secure, however, neither GAMETHON nor any of its partners, licensors or associates makes any warranty that:
14.5. In case GAMETHON discovers any error, including any error in the determination of Winners or in the transfer of Prize amounts to a User’s account, GAMETHON reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, GAMETHON agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
14.6. To the extent permitted under law, neither GAMETHON nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Portal or the Services, even if GAMETHON has been advised of the possibility of such damages.
14.7. Any Services being hosted or provided or intended to be hosted or provided by GAMETHON and requiring specific permission or authority from any statutory authority or any State or the Central government shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Services are hosted or provided.
14.8. To the extent permitted under law, in the event of suspension or closure of any Services, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
15. Governing Law and Dispute Resolution
15.1. The parties agree that these Terms and Conditions shall be construed in accordance with the laws of India.
15.2. Notwithstanding the provisions of Clause 20.4, the courts of Pune, India shall have exclusive jurisdiction over any Disputes (defined below) arising between the parties hereunder.
15.3. The parties shall attempt to amicably settle any dispute arising out of these Terms and Conditions and the obligations there under (each a “Dispute”). Either party may give written notice of a Dispute to the other party within 30 days of the occurrence of the event which gives rise to such Dispute or the day that such event came to the notice of the applicable party.
15.4. If any Dispute arising between the parties is not amicably settled within ______days of commencement of amicable attempts to settle the same as provided above, the Dispute shall be referred to, and be finally settled by, arbitration. The parties agree that the arbitration proceedings will be conducted at Pune, Maharashtra and shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The parties agree that the Dispute shall be adjudicated by a single arbitrator appointed by GAMETHON. The decision of the arbitrator shall be final and binding on the parties.
15.5. Notwithstanding anything contained in this Clause, GAMETHON may seek and obtain interim or permanent equitable or injunctive relief, or any other relief available to safeguard GAMETHON interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of GAMETHON to pursue any remedy for monetary damages through the arbitration described herein.
16.1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
17.1. These Terms and Conditions are effective unless and until terminated by either GAMETHON or the Users. The Users may terminate these Terms and Conditions at any time by notifying GAMETHON that they no longer wish to use the Portal or the Services, or when they cease using the Portal.
17.2. If in GAMETHON sole judgment the Users fail, or they suspect that the Users have failed, to comply with any term or provision of these Terms and Conditions, GAMETHON may also terminate their access to the Portal, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Portal or the Services (or any part thereof).
18. Entire Agreement
18.2. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
19. Force Majeure
19.1. GAMETHON shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond GAMETHON’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any Sports Event to which a Game relates. In such circumstances, GAMETHON shall also be entitled to cancel any related Game(s) and to process an appropriate refund for all Participants.
20.1. The failure of GAMETHON to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
21. Contact Information
21.1. Questions about the Terms and Conditions should be sent to firstname.lastname@example.org