The mobile game “Dream Cricket” (“Game”) is carried on under the brand name of Dream Game Studios (“DGS”) which is owned and operated by Sporta Technologies Private Limited (“Sporta”), a company incorporated under the laws of India and having its registered office at Unit No.1201-1202, 12th Floor, Wing A, One BKC, G Block, Plot No.66, Bandra Kurla Complex, Bandra-E Mumbai, Mumbai City, Maharashtra-400051, India.
Through this Game, Sporta is offering on a free-to-play basis, game play in an offline and online mode. The User participating in the offline mode of the Game shall compete with the computer/artificial intelligence by playing in matches of leagues/tournaments/competitions that are currently taking place. Based on the User's performance and progress, the User may be entitled to unlock rewards, in the form of player cards, which may be used in the creation of the User's “dream team”. The online mode of the Game shall follow a multi-player format permitting the User to compete with other users and accordingly win trophies and/or unlock rewards to create/develop their dream team. The rewards that may be offered by Sporta to the User in the online and/or offline modes of the Game shall be collectively referred to as the “Rewards”.
For the purpose of these Terms and Conditions of Use (“Terms”), wherever the context so requires “You”, “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Game. “We”, “Us” or “Our” shall mean Sporta, its employees, and authorised agents that perform any services on Sporta's behalf in relation to the Game.
You certify that you are atleast 18 years or, if you are between the ages of 13 and 18, that You are using the Game with the supervision of your parent or legal guardian who agrees to be bound by these Terms. Make sure to review these Terms with your parent or guardian so that you both understand all of your rights and obligations. In the event that you are between the ages of 13 and 18, all references to “You”, “Your”, “Yourself”, “Their” or “User” henceforth in these Terms shall automatically include your parent or legal guardian.
The Rewards shall be governed by the supplementary terms and conditions which may be specifically applied for the Rewards. To the extent that these Terms are inconsistent with the additional terms and conditions set down, the additional conditions shall prevail.
We reserve the right to make changes to these Terms at any time. We shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms. Any such modifications will become effective immediately upon it being uploaded. As between Sporta and You, You shall be solely responsible for reviewing and becoming familiar with any such modifications. We may also, in Our sole discretion, notify You of such modifications, by contacting You through the registered email address associated with Your Account (defined below).
Use of the Game by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. From time to time, We may by notification, require You to provide Your consent to the updated Terms in a specified manner, prior to any further use of the Game. You may then exercise the options provided in such notification to indicate non-acceptance of the modified Terms. If such options are not exercised by You within the time frame prescribed in the notification, You will be deemed to have accepted the modified Terms. We may also post supplementary conditions applicable to the Game. In such an event, Your use of the Game will be governed by the Terms as well as any such supplementary terms that the Game may be subject to.
If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
We may at Our sole discretion, (i) Restrict, suspend, or terminate any User's access to all or any part of the Game; (ii) Change, suspend, or discontinue all or any part of the Game; (iii) Reject, move, or remove any material that may be submitted by a User; (iv) Move or remove any content that is available on the Game; (v) Deactivate or delete an Account and all related information and files on the account; (vi) Establish general practices and limits concerning use of the Account; (vii) Revise or make additions to the roster of players available for selection in any format of the Game on account of revisions to the roster of players involved in the relevant format of the Game; and (viii) Assign Our rights and liabilities to all Accounts hereunder to any entity (post intimation of such assignment to all Users to Their registered email addresses).
We may, at Our sole and absolute discretion:
- Restrict, suspend, or terminate any User's access to all or any part of the Game;
- Change, suspend, or discontinue all or any part of the Game;
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on the Game;
- Deactivate or delete a User's account and all related information and files on the account;
- Establish general practices and limits concerning use of the Game
- Revise or make additions and/or deletions to the roster of players available for selection in any format of the Game ; or
- Assign Our rights and liabilities in relation to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or We reasonably believe that such User has breached these Terms, or has illegally or improperly used or accessed the Game, We may, at Our sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of the Game, deactivate or delete the User's Account and all related information on the Account, delete any content posted by the User on the Game and further, take technical and legal steps as it deems necessary.
We may, for improving the experience of the Users, publish concise and abbreviated informative posts about transacting on the Game, including without limitation by way of publishing frequently asked questions in respect of the Game. It is clarified that in the event of a conflict between such informative posts and these Terms, these Terms shall prevail in respect of all matters which form the subject matter of these Terms.
Users consent to receiving communications such as announcements, administrative messages and advertisements from Us or any of Our partners, licensors or associates.
The Terms were last modified on 31st Jan 2023
ACCESSING, BROWSING OR OTHERWISE USING THE GAME INDICATES YOUR AGREEMENT TO AND ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
1. CONDITIONS FOR REGISTRATION
1.1 You will be eligible to participate in the Game only if you are thirteen (13) years of age and above, are of a sound mind and are not disqualified from contracting by any law to which you are subject.
1.2 By visiting the Game and accepting these Terms, You also represent and warrant to Us that you will use the Game in a manner consistent with any and all applicable laws and regulations.
2. USER REPRESENTATION
2.1 Any information provided by You to Us, whether at the stage of registration or during anytime subsequently, should be complete and truthful. You further agree to update and keep updated your registration information.
2.4 You represent that You have the experience and the requisite skills required to participate in the Game and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Game. You further acknowledge that You are solely responsible for any consequence resulting from Your participating in the Game or being associated with the Game or around the Game.
2.5 You understand and agree that You are solely responsible for all content posted, transmitted, uploaded or otherwise made available by You. All content posted by You must be legally owned by or licensed to You. By publishing any content on the Game, You agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform Your content and to use such content in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, , location, messages, gender or pictures. You also understand that You do not obtain any rights, legal or equitable, in any material incorporating Your content. You further agree and acknowledge that We have the right to use in any manner whatsoever, all communication or feedback provided by You.
2.6 You understand and accept that We reserve the right to record any and all User content produced by way of but not limited to chat messages on the Game or other interactive features, if any, offered by Us.
2.7 You shall not hold Us responsible for not being able to play any format of the Game for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Account as Your Account may be pending validation or You may be suspected or determined to have violated any of the Terms.
2.8 You understand and accept that by viewing or using the Game or playing any format of the Game, or using communication features on the Game, You may be exposed to content posted by other Users which You may find offensive, objectionable or indecent. You may bring such content posted by other Users to Our notice that You may find offensive, objectionable or indecent and We reserve the right to act upon it as We may deem fit. The decision taken by Us in this regard shall be final and binding on You.
2.9 You consent to receiving communications such as announcements, updates, administrative messages, promotions and advertisements from Us or any of Our partners, licensors or associates.
3.1 In order to register for the Game, You will need to register and create a “User Account” or a “Guest Account” on the Game (“Account”, shall include references to Your User Account or Guest Account, as maybe applicable).
3.2 You can create a “User Account” using Your social media accounts or such other social media platforms as may be listed on the Game from time to time, including login through your google play store account. It is clarified that registering through Your social media account shall give Us access to the email address and profile picture connected to Your social media account.
3.3 Alternatively, you can create a Guest Account to login to the Game for which you will be required to enter a username.
3.4 By completing the registration process, You confirm Your acceptance of these Terms.
3.5 You acknowledge that We may, at any time, require You to verify the correctness of this information and in order to do so may require additional documentary proof from You, failing which We reserve the right to suspend or terminate Your Account and registration for the Game.
3.6 Any information provided by You to Us should be complete and truthful to the best of Your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us.
3.7 You understand that it is Your responsibility to protect the information You provide on the Game. We will not ask for Your Account login details, which is only to be entered at the time of login. At no other time should You provide Your account information to any User logged in on the Game or elsewhere. You undertake that You will not login and then allow, any other person to play from Your Account using Your login details. You specifically understand and agree that We will not incur any liability for information provided by You to anyone, which may result in Your Account being exposed or misused by any other person.
3.8 You agree to use Your Account solely for the purpose of playing the Game. Use or attempted use of Your Account for any reason other than what is stated in the Terms may result in immediate termination of Your Account.
4. USER CONDUCT
4.1 You undertake that You Yourself will play the Game, which You have registered or joined, and You shall not use any form of external assistance to participate in the Game . You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Game or use any third-party software that intercepts, mines or otherwise collects information from or through the Game. Any attempt to employ any such external assistance is strictly prohibited.
4.2 Collusion between You and any other User(s) for participating in the Game or any other form of fraud or cheating including but not limited to accumulating points or prizes through unauthorized methods such as automated bots, or other automated means is strictly prohibited.
4.3 When collusion or cheating is detected, We shall take appropriate action against offending Users, which may include Your disqualification from the Game and may extend to the termination of Your Account, based upon the gravity and time-frame of Your fraudulent or mala fide conduct.
4.4 You are prohibited from using the Game for any purpose that may be construed as circumvention of applicable law/regulations.
4.5 Sending spam emails or any other form of unsolicited communication for obtaining registrations on the Game by You to benefit from any promotional program of Sporta or for any other purpose is strictly prohibited.
4.6 Multiple IDs: Your registration across the Game is restricted to a single Account, which will be used by You to enter the Game. You are prohibited from creating or using multiple Accounts across the Game for participation in any format of the Game.
4.7 You are responsible for maintaining the confidentiality of Your accounts and passwords. You agree to immediately notify Us of any unauthorized use of Your passwords or accounts or any other breach of security.
4.8 You agree to exit/log-out of Your accounts at the end of each session. We shall not be responsible for any loss or damage that may result if You fail to comply with these requirements.
4.9 You agree to ensure You can receive all communication from Us by marking e-mails or sending SMSs from Us as part of Your “safe senders” list. We shall not be held liable if any e-mail/SMS remains unread by You as a result of such e-mail getting delivered to Your junk or spam folder.
4.10 You may not create a login name or password or upload, distribute, transmit, publish or post Content through or on the Game or through any service or facility including any messaging facility provided by the Game which:
- Contains links to any application/website competitive to the Game;
- is violative of applicable law, harmful to a child, or is patently offensive to the general community, such as sexually explicit content, racially or ethnically objectionable content, libellous content, or content that promotes obscenity, pornography, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person, or solicits, or stalks another member on the Game;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or publicity (including bodily privacy), such as unauthorized disclosure of a person's name, email address, physical address or phone number, or rights of publicity);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal drugs, money laundering, gambling, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have obtained consent from the minor or his or her legal guardian);
- tries to gain unauthorised access or exceeds the scope of authorised access to the Game or solicits passwords or personal identification information for commercial or unlawful purposes from other Users;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonate another person;
- 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 another nation, constitutes engagement in commercial activities and sales without Our prior written consent.
- contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components, devices or programmes, including those designed to interrupt, destroy or limit the functionality of the Game and/or any offerings provided herein;
- interferes with another user's use and enjoyment of the Game;
- refers to any website or URL that, in the sole discretion of the Game, contains material that is inappropriate for the Game, contains content that would be prohibited, or violates the letter or spirit of these Terms; or
- contains content whose dissemination to the public is restricted by law or relevant professional guidelines.
4.10 If a User chooses a username that, in Our considered opinion is obscene, indecent, abusive or that might subject Us to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, We reserve the right, without prior notice to the User, to restrict usage of such names, which in Our opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Our Game, deny such User access to Us, or any combination of these options.
4.11 You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Game, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Game or any files that are part of the Game.
4.12 You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Game, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Game or any files that are part of the Game.
4.13 You shall not alter or modify content on the Game, or remove, obliterate or obstruct any proprietary notices or labels.
4.14 You shall not exploit the Game offered and content available on the Game for commercial purposes including but not limited to providing an over-the-top service that utilises the Game to operate or use in a cyber cafe as a computer gaming centre, network play over the internet or through gaming networks or connection to an unauthorized server that copies the gaming experience offered on the Game.
4.15 You shall not derive any commercial benefits from the use of the Game by You and you shall not sub-license or otherwise exploit for commercial benefit any service offered through the Game.
4.16 You shall not upload, distribute, or publish through the Game, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to Us or that aids in providing the services offered by Us. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Game or not. Additionally, You shall not impersonate another person or User, attempt to get a password, other User account information, or other private information from a User, or harvest email addresses or other information by any means, including but not limited to circumventing or modifying, attempting to circumvent or modify or encouraging or assisting any person to circumvent or modify, any security, technology, device, or software that underlies the services offered by Us.
4.17 You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Account, content, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Game.
4.18 Accessing or attempting to access the Game through someone else's user account is strictly prohibited.
4.19 You shall not post any material or comment, on any media available for public access, which in Our sole discretion, is defamatory or detrimental to Our business interests, notwithstanding the fact that such media is not owned or controlled by Us. In addition to any other action that We may take pursuant to the provision hereof, We reserve the right to remove any and all material or comments posted by You and restrict Your access to any media available for public access that is either controlled or moderated by Us; when in Our sole opinion, any such material or comments posted by You is defamatory or detrimental to Our business interests.
5. SERVICE DISRUPTIONS
5.1 You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Game or due to issues with the hardware, data network and software used by You. You understand that We have no control over these factors. We shall not be responsible for any interruption in the provision of the Match and You take full responsibility for any risk of loss due to such interruptions for any such reason.
5.2 You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support the Game (each a “Server”); or (b) the enjoyment or use of the Game by any other User or person. You agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the Game or any other person's use or enjoyment of the Game.
6.1 All content and material on the Game including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software (collectively referred to as “Content”), whether or not belonging to Us, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by You can be logged/recorded by Us and shall form part of the Content and We are free to use this material in any manner whatsoever.
6.2 The Game may contain information about or hyperlinks to third parties. In such cases, We are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If You rely on any third party Content posted on the Game, which does not belong to Us, You may do so solely at Your own risk and liability.
6.3 If You visit any third party website through any third party Content posted on the Game, You will be subject to the terms and conditions applicable to such third party website. We neither control nor are responsible for content on such third-party websites. The fact of a link existing on the Game to a third party website is not an endorsement of that website by Us.
7. INTELLECTUAL PROPERTY
7.1 All Content on the Game shall be utilized only for the purpose of availing and accessing the Game and in conformity with the Terms.
7.2 You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by Us or Our licensors and that You have no right, title or other interest in any such items except as expressly stated in the Terms.
7.3 You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Game and for no other purpose whatsoever.
7.4 You shall not sub-license, assign or transfer the license granted to You, or rent or lease or part with the whole or any part of such license or of the Content included in such license.
7.5 You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Game in any manner other than as permitted for obtaining access to or using the Game.
7.6 If You may not hyperlink to any of the Game without permission from Us.
7.7 You may access information on and download and print extracts from the Game for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You by downloading and You are expressly prohibited from using such materials for any commercial purpose unless agreed with Us in writing.
8. LIMITATION OF LIABILITY
8.1 You shall access and use the Game voluntarily and at Your own risk. We 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 You or any other person or entity during the course of access to the Game (including participation in any format of the Game or as a result of acceptance of Rewards, if any).
8.2 We accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to Rewards, if any.
8.3 In consideration of Us allowing You to access the Game, to the maximum extent permitted by law, You waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Us, Our respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of access and use of the Game , if any.
8.4 In addition to specific references to limitation of liability of Us elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall We be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with Your access to, or use of, or inability to access or use, the Game. You further agree to indemnify Us and Our service providers and licensors against any claims in respect of any such matter.
8.5 Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
- the defamatory, undesirable or illegal conduct of any other User of the Game;
- any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Game;
- any loss incurred in transmitting information from or to Us or from or to Our Game by the internet or by other connecting media;
- any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with Your access to the Game;
- the accuracy, completeness or currency of any information services provided on the Game;
- any delay or failure on Our part to intimate You where We may have concerns about Your activities;
- any delay in the provision of Rewards (if any) offered to You pursuant to Your participation in any format of the Game ; and
- Your activities on third party websites or applications accessed through links or advertisements posted on the Game.
9.1 The Game and the Content present on it are provided strictly on an “as is” basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. We do not ensure or guarantee continuous, error-free, secure or virus-free operation of the Game or its Content including software, Your Account, the transactions in Your Account or continued operation or availability of any facility on the Game.
9.2 Additionally, We do not promise or ensure that You will be able to access Your Account or obtain access to the Game whenever You want. It is entirely possible that You may not be able to access Your Account or the Game at times or for extended periods of time due to, but not limited to, system maintenance and updates.
9.3 We disclaim responsibility and liability for any harm resulting from cancellation of any format of the Game.
9.4 We specifically disclaims any liability in connection with any format of the Game made available or organized on the Game which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such format of the Game or event.
9.5 We disclaim any liability in connection with violation of intellectual property rights of any party with respect to third party Content or User Content posted on the Game. Intellectual property rights in any Content not belonging to Us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
9.6 We specifically disclaim any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Game.
9.7 We specifically disclaim any liability arising out of the conduct or supply of goods or provision of services by its vendors, or any damage or injury arising out of Your usage of such goods or availing of such services.
YOU AGREE THAT YOUR USAGE OF A REWARD, IF ANY, SHALL BE AT YOUR SOLE RISK.
10.1 To the extent permitted by law, and in consideration for being allowed to participate in the Game , You hereby agree to indemnify, save and hold harmless and defend Us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that We may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against Us by any person in connection with:
- infringement of their intellectual property rights by Your publication of any Content on the Game.
- Unlawful, defamatory, offensive or illegal conduct by You or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from You or otherwise;
- use, abuse or misuse of Your Account on the Game in any manner whatsoever;
- any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with Your access to or use of the Game; and
- access of Your Account by any other person accessing the Game using Your username or password, whether or not with Your authorization.
10.2 You shall be solely responsible for any consequences, which may arise due to Your access of the Game by conducting an illegal act or due to Your non-conformity with these Terms and other rules and regulations in relation to the Game and/or any format of the Game. You also undertake to indemnify Us and Our officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Us on account of such act by You.
10.3 You shall indemnify, defend, and hold Us harmless from any third party/entity/organization claims arising from or related to Your engagement with Game or participation in any format of the Game. In no event shall We be liable to You for acts or omissions arising out of or related to Your engagement with the Game or Your participation in any format of the Game.
11.1 In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Game or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: firstname.lastname@example.org
11.2 In your complaint or grievance, please include the following information:
- Your name and contact details: name, address, contact number and email address;
- Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
- Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
- A statement that you believe, in good faith, that the User Content violates these Terms; and
- A statement that the information provided in the complaint or grievance is accurate.
11.3 We respect the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Game belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Game, which must include the following information:
- A clear identification of the copyrighted work allegedly infringed;
- A clear identification of the allegedly infringing material on the Game;
- Your contact details: name, address, e-mail address and phone number;
- A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Game is not authorized by your agent or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Your signature or a signature of your authorized agent.
- The aforesaid notices can be sent to Us by email at email@example.com
11.4 On receiving such complaint, grievance or notice, We reserve the right to investigate and/or take such action as We may deem appropriate. We may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and You acknowledge that Your timely assistance with the investigation would facilitate the redressal of the same.
12. DISPUTE AND DISPUTE RESOLUTION
12.1 The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Game , the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the User(s) or Sporta, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India
12.2 In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
12.3 The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
12.4 The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
12.5 Nothing contained in these Terms shall prevent Sporta from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Our 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 Our part to pursue any remedy for monetary damages through the arbitration described herein.
13.1 We may be required under certain legislations, to notify You of certain events. You hereby acknowledge and consent that such notices will be effective upon Us posting them on the Game or delivering them to You through the email address provided by You at the time of registration. You may update Your email address by logging into Your Account. If You do not provide Us with accurate information, We cannot be held liable for failure to notify You.
13.2 We 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 Our 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, labour or materials or any cancellation of any cricket match to which the Game and/or any format of the Game relates.
13.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Game or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
13.5 These Terms, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Sporta Technologies Private Limited and govern Your use of the Game, superseding any prior agreements that any User may have with Sporta Technologies Private Limited.
13.6 If any part of these Terms is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms shall continue in full force.
13.7 We reserve the right to moderate, restrict or ban the use of the Game, specifically to any User, or generally, in accordance with Our policy/policies from time to time, at Our sole and absolute discretion and without any notice.
13.8 We may, at Our sole and absolute discretion, permanently close or temporarily suspend any of Our services (including any format of the Game).
13.9 We may from time-to-time conduct/organize, promotions/offers on the Game. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Game unless otherwise specified by Sporta while offering the promotion.