Gaming & Community

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These HITHOT Gaming and Gambling Terms (“G&G Terms”) apply to any advertisements and promotional campaigns for:

(i) any gambling (including brick and mortar casinos and cardrooms);

(ii) online or mobile games or other activities that involve potential payment of money to participate and award prizes with real-world value, or services promoting those games;

(iii) any activity or service that requires a gambling (or similar or equivalent) license in order to be operated and/or promoted lawfully in the relevant market (“G&G Services”).

For clarity, the above definition includes both skill-based contests and sweepstakes-based games that involve the award of prizes with real-world value, regardless of whether the activity requires a valid license or authorization.

These G&G Terms form a legally binding contract between you and HITHOT Inc. and SingleMind Infotech LLP. Any approval of an Ad by HITHOT is not an endorsement or warranty by HITHOT that your G&G Services or Ads comply with these G&G Terms or applicable laws.

  1. Responsibilities for Displaying Ads:

    a. If required, have a valid license or authorization from the appropriate government authority to provide G&G Services and to display ads for the applicable G&G Service in each of the countries or territories in which you operate or select to display your Ads (“Authorization”). The Authorization must be valid for the duration of the campaign. In some countries or territories, it may be possible to conduct certain activities (such as pure skill-based contests in countries such as India) without the need for formal Authorization. In such cases, you must ensure that the Ads, and activity and services being promoted in the Ads, comply with all applicable formalities, rules, and laws.

    b. Upon request by HITHOT, provide to HITHOT proof of Authorization and other materials necessary for HITHOT to determine the nature of the G&G Service or proof that your Ads and the activity and services being promoted in the Ads do not require Authorization (for example in the form of a letter from your external legal advisers).

    c. Immediately send to HITHOT written notice of any change in your Authorization status, or any change in the activity and services being promoted.

    d. Immediately cease using HITHOT Ad products or services for your G&G Services, including but not limited to cancelling any outstanding campaigns, upon the expiration, revocation, or rescission of your Authorization, or following an adverse decision by a competent regulatory authority in relation to the Ad or activity and services promoted by the Ad. You will remain responsible for any and all payments for your campaign in accordance with the applicable cancellation terms.

    e. Immediately send to HITHOT written notice of any regulatory investigation or legal action related to the legality of your G&G Services or your Ads for G&G Services. You will willingly and in good faith cooperate with HITHOT in relation to any regulatory investigation or legal action related to your Ads for G&G Services. If the Ad or activity and services being promoted by the Ad is subject to any investigation by a regulatory authority, HITHOT may in its discretion remove the Ad pending the outcome of the investigation.

    f. Select the appropriate targeting for the advertising campaign. It is your sole responsibility to ensure correct targeting is selected.

    g. Only enter into these G&G Terms if you hold the Authorization in your own capacity or have authority to confirm that no Authorization is needed. For clarity, if you are an agent acting on behalf of the party holding the Authorization, then you may not enter into these G&G Terms.

  2. Representation and Warranty:

    a. The G&G Services, and the Ad, are not part of an investigation or lawsuit regarding their legality or regulatory compliance in the territories in which you are running Ads.

    b. You are authorized to agree to these G&G Terms and perform the obligations hereunder.

  3. Indemnification:

    You agree to indemnify, defend, and hold harmless HITHOT, its affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your actual or alleged breach of these G&G Terms; (b) any fraud or misrepresentation by you in connection with the G&G Services; and (c) your gross negligence or willful misconduct in connection with the G&G Services.

  4. Governing Law:

    If you are contracting with HITHOT Inc., then these G&G Terms are governed by Indian law (except for its conflict-of-laws principles), and the parties submit to the exclusive jurisdiction of the Indian courts to handle any dispute or claim arising out of or in connection with these G&G Terms or their subject matter or formation (including tort claims).

  5. Jurisdiction:

    If you are contracting with any HITHOT entity other than HITHOT Inc., then these G&G Terms are governed by Indian law, and the parties submit to the exclusive jurisdiction of the Indian courts to handle any dispute or claim arising out of or in connection with these G&G Terms or their subject matter or formation (including non-contractual disputes or claims).