TERMS AND CONDITIONS - The Sports Mandi
1. GENERAL TERMS
- This Terms of Use govern your use of the website, Materials, Your Content offered through TheSportsMandi.com or mobileapplicationandthevarious services offered under the Site (“Services”). For the purpose of these Terms of Use, wherever the context so requires, "you" or "your" or "user" shall mean any natural or legal person visiting, accessing, and/or using Site by registering on the Site as registered user or browsing the Site. Your access or use of the Site is subject to the terms and conditions of use as set out here (“Terms of Use” or“User Agreement”) and the Privacy Policy made available at https://www.thesportsmandi.com/privacy-policy
- Use of the Site is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by Company at its sole discretion and posted on the Site, including by way of imposing an additional charge for access to or use of a Service.
- This document constitutes a legally binding user agreement between the Company and You. If you do not agree with any or all of the following user agreements (including the privacy policy), please do not access and/or use the site. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms of Use at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Site herein. Please review the Terms of Use from time-¬to-¬time. Your continued use of the Site following the posting of changes and/or modifications shall constitute your acceptance of any revised Terms of Use. The Company retains the right at any time to deny or suspend access to all or part of the Site to anyone who the Company believes has violated any of these Terms of Use.
2. USER REGISTRATION
- You may use the Site without registration however, to participate in certain activities of the Site, you may be required to create an account, or you can login through any other third-party service account permitted by the Site. In the event you wish to create an account with us, you may do so by completing the registration process. You agree to: a) provide true, accurate, correct, and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct, and complete information provided by you during the registration process. You may be required to choose a password and a user name. You are solely responsible for maintaining the confidentiality of your password and account.
- If at any time Company believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate, or incomplete, the Company reserves the right to cancel your account and block your access to the Site. You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorised use of your account or any breach of security. The company will not be liable for any loss that you may incur as a result of someone else using your password or account, or your failure to comply with this section.
- By registering for an account with us, you give us permission to send you mailers and/or sms and WhatsApp messages on different promotions, deals, or offers running on the platform and content published or upcoming, including but not limited to articles and videos. From the said mailers and/or sms and WhatsApp messages, you can at any time unsubscribe and opt out of receiving such mails and/or sms and WhatsApp messages, after which you will not be sent such mailers and/or sms and WhatsApp.
3. USER ACCEPTANCE
- You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing, and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such parent /legal guardian's registered account.
- Some content offered on the Site may not be suitable for some Users, and therefore, viewer discretion/parental discretion is advised. Also, some content offered on the Website may not be appropriate for viewership by persons below the Age of Majority. If you are under the Age of Majority, you may view the content only with the prior consent of your parents/legal guardians. Parents/legal guardians are advised to exercise discretion before allowing their children and/or wards to access this Site and/or any Material (as defined later). Your access to and use of the Site is subject to these User Agreement, Privacy Policy, and all applicable laws, rules, and regulations in India.
- The Company grants You a personal, revocable, non-exclusive, non‐transferable right to access and use the Site, for non‐commercial use only and private viewing only, in accordance with these User Agreement. These User Agreement, govern Your access of the Website and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, microfilm, video, information, content, etc. that You host, publish, share, transact, display and/or upload.
- Please note that the availability of the Site in your jurisdiction and your ability to access the Site is subject to the Company's sole discretion. The Company may at its sole discretion, restrict the Site from being accessed in certain geographical locations. You undertake that Your access to the Site shall be in compliance with all applicable laws (as amended from time‐to-time). You understand that your access to the Site and its contents may vary depending upon your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that we will provide you only access to the Site and that you will be solely responsible for all equipment as may be necessary for you to access the internet, mobile, and/or other connection, operator and service fees associated with your access, etc.
4. OWNERSHIP AND USE OF THE SITE
- “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database rights, trade names, brand names, trade secrets, design rights, and similar proprietary rights of the Company, whether registered or unregistered, and all renewals and extensions. All rights, title and interest in the Intellectual Property Rights in the Site including without limitation all its constituent materials provided on this site, including but not limited to all information, materials, functions text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the property of the Company and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the world. The Company retains full, complete, and absolute title to the Website and all Intellectual Property Rights therein.
- The Site, including any Materials thereon, shall be deemed to be non-exclusively licensed to You by Us only for Your non‐commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You shall not use, reproduce, redistribute, sell, offer on commercial, rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
- Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company.
- You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re‐edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now known or hereinafter developed.
- Any commercial or business use of the Site or any Material, including the Software, is expressly prohibited.
- Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of the Company. You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Site or Material or any part thereof to you or any third party.
5. PROHIBITED USE
- As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful
or prohibited by these Terms of Use or by any domestic or international laws, statutes, ordinances,
and regulations. Your use of the site is your sole responsibility. You shall not display, upload,
modify, publish, transmit, update, or share any information on the Site that :
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to a child;
- infringes any patent, trademark,copyright or other proprietary rights;
- violates any law for the time being in force;
- 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;
- impersonates 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 other nation;
- contains software virus or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
6. USE OF PUBLIC FORUM
- Certain sections or pages of the Site contain a provision (like have your say or Cric chat) hereinafter referred to as ("Public Forum") for the users to post or uploadcomments, feedback, User's opinion, data, links, videos, audios, graphics, images, messages and other material ("User Content"). Through the Public Forum, you can communicate with other users of the Site.
- You are entirely responsible for all the User Content that you upload, post, email, transmit, or otherwise make available on the Public Forum. You understand that such User Content can be viewed by other users of the Site and therefore you shall exercise due care to ensure that such User Content does not offend or abuse other users of the Site. The company does not control the User Content posted on the Public Forum and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. The User Content does not reflect the views of the Company. In no event shall the Company be held responsible for any User Content, neither does the Company endorse or recommend any User Content, nor shall the Company be liable for any loss or damages resulting from publishing of the User Content on the Site.
- You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or Under no circumstances will Company be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Site.
- When you post or upload your User Content on the Site, you grant Company (and its licensees, distributors, agents, representatives and other authorised users), the rights a perpetual, royalty-free, non-exclusive, and irrevocable right, in whole or in part to license to reproduce, prepare derivative works based upon, distribute, perform or display such User Content, in whole or in part, in any form, media or technology known or hereafter developed. You provide the Company the rights to use the User Content in isolation or in combination with any other material. You agree that in such circumstances, you are not entitled to any intimation or compensation from the Company.
- User Content posted by you shall be subject to relevant laws and may be disabled, or and may be subject to investigation under appropriate laws. You agree that the Company may discloseor preserve User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any User Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of the Company and the public. Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms of Use, or the Privacy Policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any of User Content that is non-compliant with these Terms of Use.
- You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging moneylaundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights; (e) violates any applicable national or international laws, regulations, rules and/or guidelines; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, national interest ,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 to any other nation/country; (j) is offensive or has menacing character; (k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; (l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
- You further undertaker that You shall not use the Site to: (a) violate the privacy rightor personal right or confidential information of any person; (b) commit an act which could be construed as an act of cyber terrorism; (c) collect, store and/or identify private/personal information of any user or person; (d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community; (e) stalk or otherwise harass another person or user; (f) upload, post or e‐mail any content that You do not have a right to transmit under any law or under contract; (g) upload, post or e‐mail any content that infringes privacy rights, intellectual property rights or other third‐party rights of any person or party; (h) upload, post or e‐mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain‐letters or any other form of solicitation; (i) upload, post or e‐mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Site; (j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site, including the Company's servers, networks or accounts; (k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that adversely affects other users' ability to engage in real time exchanges; (l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Site; (m) delete or revise any information provided by or pertaining to any other user of the Site; (n) promote and/or generate revenue for Yourself and/or any third‐party business activity; (o) carry out any activity that is prohibited under the Information Technology Act, 2000 and/or under any other applicable laws, rules or regulations; (p) post unauthorized commercial communications and including advertisements; and/or (q) manipulate or morph or alter or exploit any other User's User Content.
- You hereby confirm that the Company has the right to determine whether any content, data or information published by You on the Website is appropriate and complies with these User Agreement and accordingly remove any and/or all of Your User Content, and terminate Your access without prior This shall be without prejudice to any other rights and remedies that the Company has under law and/or in equity and/or under this agreement.
- If You submit any User Content on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Content and deemed to have put the contents of the User Content in the public domain, making it open to re‐use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Content on the Site and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Content posted by You.
- You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive, or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website. You agree that Company has no liability or responsibility for the storage or deletion of any User Content and reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
7. COPYRIGHT AND TRADEMARKS
- Unless otherwise stated, copyright and all intellectual property rights in all Materials on the Site (including but not limited to text, audio, video or graphical images, or technology, the look and feel of the Site), trademarks and logos appearing on this Site are the property of the Company and are owned and controlled by us or by other parties that have licensed their material to us. MaterialsontheSitearesolelyforyourpersonal, non-commercial. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, including by e-mail or other electronic means, and whether directly or indirectly, and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the Materials, use of the Materials onanyotherwebsiteornetworkedcomputerenvironmentoruseoftheMaterials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.Youagreenottouseanyframing techniques to enclose any trademark or logo or other proprietary information of Company or remove, conceal or obliterate any copyright or other proprietary noticeoranycredit-lineordate-lineonothermarkorsourceidentifierincludedon the Site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
- We respect other people's intellectual property rights, and if you believe that any content or material on the Site infringes on your intellectual property rights, you can write to us at webmaster@TheSportsMandi.com.
8. DISCLAIMER
- BY ACCESSING AND/OR USING THE WEBSITE, YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL. THE SITE, ALL THE MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND ANY SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE GATHERED FROM A VARIETY OF SOURCES AND ARE INTENDED SOLELY AS GENERAL INFORMATION AND PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT OTHERWISE SPECIFIED IN WRITING. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE SITE IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND DOES NOT CONSTITUTE OR INDICATE OUR ENDORSEMENT, REPRESENTATION, OR WARRANTY OF SUCH INFORMATION AND ARE NOT SUBSCRIBED TO BY THIS SITE. THE COMPANY AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB- CONTRACTORS, CONSULTANTS AND THIRD‐PARTY PROVIDERS: (a) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, COMPATIBILITY AND/OR SECURITY; (b) ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE AND DO NOT WARRANT THAT THE WEBSITE, THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE OR ANY CONNECTED WEBSITES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS; (c) ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL AND USER CONTENT THEREON; AND (d) DO NOT WARRANT THAT THE WEBSITE, OR ANY CONNECTED WEBSITE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE. (i) EVERY EFFORT IS MADE TO KEEP THE WEBSITE RUNNING SMOOTHLY. HOWEVER, THE COMPANY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING UNAVAILABLE DUE TO ANY REASONS. (ii) THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE WEBSITE OR ANY CONNECTED WEBSITE RESTS SOLELY WITH YOU. (iii) THE WEBSITE MAY CONTAIN LINKS TO OR INTEGRATIONS WITH OTHER THIRD‐PARTY WEBSITES/PLATFORMS, SUCH AS TheSportsMandi1,1 WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY. ANY WEBSITE YOU VISIT BY A LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE WEBSITE. THE CONTENT OF, INCLUDING MATERIALS AND INFORMATION CONTAINED ON, ANY THIRD PARTY WEBSITE TO WHICH YOU LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD PARTY WEBSITE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD PARTY LISTED IN THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD-PARTY CONTENT THAT MAY BE ACCESSED VIA THE WEBSITE, NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD-PARTY WEBSITES, AND HEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR SUCH CONTENT. THE INCLUSION OF ANY LINKS DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD‐PARTY, OF THE QUALITY OF ANY PRODUCT OR SERVICE, ADVICE, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD PARTY WEBSITE (iv) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND/OR MATERIALS AND/OR USER CONTENT AND/OR ANY CONNECTED THIRD PARTY WEBSITE INCLUDING WITHOUT LIMITATION: (a) INDIRECT OR CONSEQUENTIAL LOSS; (b) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS; (c) INCIDENTAL, DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES; (d) LOSS OF OR DAMAGE TO DATA; (e) LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR (f) WASTED OR LOST MANAGEMENT TIME; EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE. (v) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES' LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE. (vi) IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE USER AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE WEBSITE.
9. INDEMNITY
- You agree to fully indemnify, defend and hold harmless the company, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub‐contractors, consultants and third‐party providers from and against all losses, claims and damages including legal fees, resulting from: (i) your violation of any term of these user agreement; (iii) your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you; and (v) your breach of any representation, warranty, covenant or undertaking under these user agreement or under applicable law. This indemnification obligation will survive the expiry or termination of these user agreements and your use of the website
10. LINKS AND THIRD PARTY WEBSITES
- The Company may establish on the Site a hypertext link to a third-party website or integrations with third-party platforms such as TheSportsMandi11. Such a link is provided for the information and convenience of the users and does not state or imply any sponsorship or endorsement of a third-party website by. This Site may contain links to other websites and/or integrations with mobile platforms whichareowned, maintained, and operated by third parties who are not related to the Company (“Third-Party Websites”). Third-Party Websites are not under the control of the Company, and the Company shall not be responsible or liable for the content of any Third-Party Websites or any hyperlink contained in a Third-Party Website, and makes no representation or warranty with respect to the content of any such Third-Party Websites.
- Your access and usage of any Third-Party Websites is entirely at your own risk. The Company shall not be a party to any transaction between you and a Third-Party Website. Your use of a Third-Party Website is subject to the terms and conditions of that Third-Party Website in addition to these User Agreement. If there is any inconsistency, these User Agreement prevails.
- The Site may contain third-party advertisements, promotions, etc. (that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser, its products or services, or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertiser and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser's products and/or services.
11. ADVERTISING MATERIAL
- Some part of the Site may contain advertising information or promotion material, or other material submitted to the Company by third parties. Responsibility for ensuring that the material submitted for inclusion on the Site complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. The company will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material, or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. The company reserves the right to omit, suspend, or change the position of any advertising material submitted for insertion.
12. MOBILE SERVICES AND OTHER REQUIREMENTS
- The Services include certain services that may be available via a mobile device, including:
- 1. the ability to browse the Website from a mobile device and
- To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
- In addition, you will be responsible for providing any other equipment, hardware, software, and services necessary to use the Service.
13. INTERNATIONAL USE
- This Site is controlled and operated from within India. The company makes no representation that the Site is appropriate or available in locations outside of India. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable laws.
14. APPLICABLE LAW
- This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Any disputes under this User Agreement shall be subject to the exclusive jurisdiction of the Courts at Bengaluru, India, without giving effect to any principles of conflicts of law.
15. ENTIRE AGREEMENT
- The Terms of Use and Privacy Policy, as amended from time to time, constitute the entire agreement between you and If any provision of these Terms of Use is considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
16. CHANGES OF TERMS OF USE
- We reserve the right to modify these Terms of Use at any time. Any changes to Terms of Use will be posted on the Site, and your continued use of the Site following a posting of changes is your agreement to the changes, and you are boundbythethen-currentversionoftheseTermsofIfanychangestothese these Terms of Use are unacceptable to you, you must discontinue use of the Site. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site, including for any violation of any provision of these Terms of Use. We also reserve the right to change the Site without notice to you at any time.
17. RELATIONSHIP
- None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between you and Company, and you shall have no authority to bind Company in any manner whatsoever. If you are registering on the Site as a business entity,you represent that you have the authority to bind the entity to this Agreement.
18. TERMINATION
- The Company reserves the right to terminate Your access to all or part of the Website, at its sole discretion, without notice and without liability either to the Companyoritsdirectors,keymanagerialpersonnel, officers, employees, either forconvenienceorforanyreason,includingintheeventofsuspectedoractual breach by You of any of these User Agreement, the Privacy Policy, violation of any law including the Act and/orrules thereunder or any other regulation, or for any other reason that the Company deems fit.
- Upon termination or expiration of the Terms of Use, your obligations and Company's rights and disclaimers survive, but your right to use the Site immediatelyAnyexpresswaiverorfailuretoexercisepromptlyanyright under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement.
19. MISCELLANEOUS
- If any provision of these User Agreement is found to be illegal, invalid, or unenforceable, to the extent to which such provision is illegal, invalid, or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
- You confirm that your representations, warranties, undertakings and covenants, and the clauses relating to indemnities, limitation of liability, grant of license, governing law,confidentialityshallsurvivetheeffluxoftimeandtheterminationof these User Agreement.
- Any express waiver or failure to exercise promptly any right under these User Agreements will not create a continuing waiver or any expectation of non-enforcement.
- You agree that the Company shall be under no liability whatsoever to You in the event of non-availability of the Website or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Website maintenance, server maintenance, or any other cause whatsoever beyond the control of the Company.
- In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures.