Terms & Conditions



Background

1. The Fandromeda website (www.fandromeda.com) (“Website”) and the tablet/mobile application named Fandromeda (“App”) — which include all of the text, images, audio, code and other material such as graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc. (collectively, the “Content”) - and all of the features, Games (defined below) and other services they display and provide are owned and operated by TenTenTen Digital Products Pvt. Ltd. ("Company"), a private limited company, incorporated in India under the provisions of the Companies Act, 1956 and having its registered office at 303, Sobha Orchid, Jakkur, Bangalore-560 064.

2. The Website and the App are collectively referred to as the “Platform”. These terms and conditions of usage (“Terms of Use”) govern Your (defined below) use of the Platform. By using the Platform in any way or merely browsing/visiting the Platform, or by using any Content or information provided as part of the Platform, You shall be deemed to have read, understood, accepted and agreed to: (i) be bound by these Terms of Use; (ii) the rules of each Game made available through the Platform, which can be found in the respective online guides (“Game Guides”); and (iii) the collection, use, disclosure and other handling of information as described in our Privacy Policy available on the Platform. If You do not agree to all the Terms of Use, then You may not access or use the Platform.

3. These Terms of Use govern the 2 (formats) of the Games made available on the Platform, namely: (i) the Game format where the Users can participate in a Game free of cost (“Free Format”); and (ii) the Game format where the Users are required to pay money and purchase Virtual Currency (defined below), and use such Virtual Currency to participate in a Game (“Paid Format”). All the terms and conditions set out hereunder are applicable to both – the Free Format and the Paid Format of the Games. However, in addition to these general terms and conditions, there are certain specific additional terms which are applicable only to the Paid Format of the Game(s), and have been separately specified below in these Terms of Use, which terms shall not apply to a Game in the Free Format.

4. For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, “Yourself” or “User” shall mean any natural person who is an Indian resident and aged 18 (Eighteen) years or above, who accesses and uses the Platform in India. The term “We”, “Us” or “Our” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.

5. We reserve the right to make changes to these Terms of Use at any time. The Company shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms of Use. Any such modifications will become effective immediately upon posting to the Platform. You shall be 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 Platform by You after any modification to the Terms of Use, constitutes Your acceptance of the Terms of Use as modified. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when the Company last modified the Terms of Use by referring to the “Last Updated” legend above. The Company may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Platform. If no such separate consent is sought, Your continued use of the Platform, following the changes to the Terms of Use, will constitute Your acceptance of those changes.

Definitions

For the purposes of these Terms of Use,

1. “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority (defined below) having jurisdiction over the matter in question, in effect any time before or during the subsistence of these Terms of Use;

2. “Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body;

3. “Force Majeure” shall mean an act of God, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of any party, including, without limitation, unavailability of any communication system including internet, which has the effect of wholly or partially suspending the obligations hereunder, of the party concerned during the continuance and to the extent of such prevention, interruption or hindrance; and

4. “Minimum Age” shall mean any person aged 18 (Eighteen) years and above.

Rules of the Game(s)

1. Through the Platform, the Company offers Users the opportunity to participate in sports-based online fantasy games (“Games”).

2. Users wishing to participate in the Games ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life sports-persons involved in real-life sports match/matches, series or tournament (each a “Sporting Event”) to which the Game relates. Each Participant shall form his/her Team in accordance with the conditions and limitations imposed in the Game Guides.

3. The Company offers Users the opportunity to participate in the Game relating to each Sporting Event with their Teams. Teams are awarded points on the basis of the real-life sports-persons’ performances at the end of a Sporting Event. The details of the points system would be provided on the Platform. The Participant(s) whose Team of sports-persons have achieved the highest aggregate score(s) in the corresponding Sporting Event shall be declared winners ("Winners") of the Game. The Company may declare more than one Winner in relation to each Game, who may be ranked within the top 5 or 10 Participants in such Game (or any other criteria as may be disclosed by the Company on the Platform in advance), who are also referred to as the “Winners” for the purposes of these Terms of Use.

4. The Game(s) shall, in addition to these Terms of Use, be governed by the rules of the Games notified by the Company on the Platform through Game Guides from time to time. You hereby agree to abide by the same.

5. You shall solely be responsible for maintaining the necessary computer equipment’s and internet connections that may be required to access, use and transact on the Platform for the purpose of participating in the Games.

Game of Skill

1. You acknowledge, agree and confirm that the Games described in Clause 3 above are games of skill as the success of the Participants in such Games depends predominantly on their relative knowledge of inter alia the following information/data, and the manner in which You interpret and utilise such information/data while participating in a Game:

  • the game of cricket, or any other sport on which the event may be based on;
  • statistics and sports-persons’ past records and performances; and
  • the average performance of real-life sports-persons in a particular territory, under certain conditions and/or in certain formats.

2. The Game(s) also requires the Participants to field well-balanced sides in each Team, with limited resources and, in some cases, make substitutions at appropriate times to gain the maximum points, details of which are provided in the Game Guides.

3. By participating in such Game(s), You acknowledge and agree that You are participating in a game of skill.

Representations and Warranties as regards eligibility of the User

1. You hereby represent and warrant that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

2. By participating in any Game on the Platform, You represent and warrant that:

  • You are a natural person, of the Minimum Age, competent to contract, have read, understood and agree to be bound by these Terms of Use, and are not a person barred from accessing/ using the Platform under the Applicable Law;
  • You are a resident of India;
  • At the time of accessing the Platform and/or entering into a Game, You are physically located in India in a jurisdiction in which participation in the Game is not prohibited by any Applicable Law;
  • You are not an employee of the Company; and if You are an employee of the Company, You shall access and use the Platform and/or participate in a Game ONLY for the sole purpose of testing the Users’ experience of the Game and/or any functionality of the Platform, and shall not be offered/entitled to win any prize(s);
  • You will abide, at all times, by these Terms of Use and any other agreements between You and the Company regarding Your use of the Platform or participation in the Games;
  • If you do not meet the eligibility requirements of this Clause, then You are not authorized to use the Platform;
  • You shall not, at any point of time, access and/use the Platform to carry out any activity of money laundering; and
  • If any representation provided above by You is found to be false or incorrect at any time, the same shall amount to a breach of these Terms of Use by You, and the consequences set out in Clause 20 below, shall follow.

3. The Company may require You to provide documentary proof that You are eligible to access and use the Platform and participate in the Games pursuant to Clause 5.2, prior to You receiving a prize. This may include identity and address proof documents and other bank account related details. The time period within which You are required to provide such documents, after the declaration of the Winners, shall also be communicated at the time of such declaration. To the extent the Company requests You to do so, and You fail to do so within a specified time as communicated in the official communication from the Company, or if the Company otherwise determines that You do not meet the eligibility requirements of this Clause 5, or that any information provided by You is false/ inaccurate, in addition to any rights that the Company may have in law or equity, the Company reserves the right to terminate Your Account in terms of Clause 20 below, and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, the prizes will be forfeited, and not distributed to any other Users. Such a breach of the representations under Clause 5.2 may, in the case of Paid Format of the Game, also result in You forfeiting all the Virtual Currency remaining in Your Account as on such date.

4. You may establish, maintain, use and control only one Account on the Platform. In the event the Company determines that You have opened, maintained, used or controlled more than one Account, in addition to any other rights that the Company may have, the Company reserves the right to suspend or terminate any or all of Your Accounts (defined below) and terminate, withhold or revoke the awarding of any prizes. Such a breach may, in the case of Paid Format of the Game, also result in You forfeiting all the Virtual Currency remaining in Your Account as on such date.

5. The Company employees may use the Platform and/or participate in the Game(s) ONLY for the purpose of testing the User experience and functionalities of the Platform. Subject to this, the employees of the Company are not eligible to participate in any Games and shall in no event be entitled to any prize. Such employees shall not disclose any information or part thereof that is confidential in nature, or which they are privy to in their capacity of being an employee of the Company (including any information relating to the Company, its business, its employees, the Game(s) and any underlying software or algorithm, the Platform or other media on which the Games and information relating to the Games would be hosted) to any third party, including their relatives and friends, whether during the term of their employment with the Company or at any time thereafter, except to the extent necessary to discharge their duties as an employee of the Company.

6. Consultants of the Company may play the Games without limitation, but only if: (i) their arrangement with the Company does not permit them to have any access to non-public Platform data or any other data not made available to all Users on the Platform; and (ii) they do not receive any other advantages in their use of the Platform.

7. Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners related to the real-life sports teams, may participate in any Game(s) ONLY if: (i) the Game(s) are not corresponding to a Sporting Event in which the real-life sports team(s) that they are associated with, are participating, as this could provide them with an unfair advantage over other Participants; and (ii) they do not undertake any action which may influence the Sporting Event or the outcome thereof in any manner. Umpires, tournament/league employees, franchise team officials, and other individuals, who through an ownership interest or game-related employment, can influence any real-life Sporting Event, are likewise ineligible to participate in any Game corresponding to such real-life Sporting Event.

Registration

1. Many portions of the Platform require registration for access. In order to participate in a Game on the Platform, You must register for an account (“Account”). By registering as a User of the Platform, You agree to provide accurate, current and complete information about Yourself as prompted, including but not limited to full name, date of birth, email address and state of residence in India (such information being the “Registration Data”) and maintain and promptly update the Registration Data as and when required, to keep it accurate, current and complete at all times. If You provide any information that is inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, the Company may deny You access to areas requiring registration or to participate in any Game, or terminate/ suspend Your Account, at its sole discretion, unless You prove otherwise.

2. Such Registration Data can include, but not be limited to a unique screen name, e-mail address and password associated with a User.

3. If You use the Platform as a registered User, You are responsible for maintaining the confidentiality of Your Registration Data, and You must not disclose such details to any third party. You are responsible for all activities that occur under Your screen name and password.

4. You may not use a screen name that promotes a commercial venture or a screen name that the Company, in its sole discretion, deems offensive.

5. The Company may require You to change Your screen name or may unilaterally change Your screen name if You fail to do so voluntarily, within a period of 10 (Ten) days’ of the issue of such request by the Company. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Clause 6. You shall however be liable to indemnify the Company for any breach by You of this Clause 6, in terms of Clause 18 below.

Communications and Information Practices

As a result of Your registration on the Platform, You may receive certain commercial communications from the Company. You may opt out of receiving these communications at any time by using the “unsubscribe” link made available through the e-mail. In addition to these commercial communications, the Company may also send You transactional messages relating to Your Your Account, and/or Your participation in any Game. As these messages relate to Your registration on the Platform, You will not be able to unsubscribe from receiving such transactional messages, otherwise than by way of closing Your Account.

Disqualification and Cancellation

1. The Company reserves the right to cancel any Games in the Free Format, in its sole discretion, without any restrictions.

2. The Company, in its sole discretion, may disqualify You from any Game, or from accessing the entire Platform or any part thereof, or refuse to award prizes to You, or require the return of any prizes, or suspend or terminate Your Account, if You engage in conduct that the Company deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Platform or in any way detrimental to other Users or in violation of any Applicable Law.

3. Improper conduct includes, but is not limited to:

  • falsifying personal information required to use and register on the Platform or claim a prize;
  • violating any of these Terms of Use or the rules provided in the Game Guides, or accumulating points or prizes through unauthorized methods such as automated scripts or other automated means;
  • tampering with the administration of the Platform or trying to, in any way, tamper with the computer programs associated with the Platform;
  • obtaining other Users information and Spamming (defined below) other Users;
  • abusing or misusing the Platform in any way; or
  • otherwise undertaking any act which is detrimental to the Company and/or the other Users of the Platform.

4. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent the Company from pursuing criminal or civil proceedings in connection with such conduct.

5. You acknowledge and confirm that the Platform SHALL NOT BE USED BY YOU FOR ANY FORM OF GAMBLING PROHIBITED BY APPLICABLE LAW.

6. The failure of the Company to comply with any provision of these Terms of Use due to a Force Majeure Event (defined below) will not be considered a breach of these Terms of Use.

Prizes and Taxation

1. Within a reasonable time period after each Sporting Event corresponding to the Game ends, the Winners for the Game are announced, but remain subject to final verification by the Company. The Company may, in its sole discretion, award cash or non-cash prizes, to the Winners of each Game.

The details of the prizes that may be won by the Participants, together with the prize structure for each Game, will be finalised and displayed on the Platform prior to the start of the corresponding Sporting Event.

2. Prize calculations for a Game are based on the results as of the time when final scoring is tabulated by the Company after the end of a Sporting Event. Once Winners are initially announced by the Company, the scoring results will not be changed in light of adjustments made in the official scoreboards, though We reserve the right to make adjustments based on errors or irregularities in the transmission of information to Us from Our stats provider or in Our calculation of results. In determining the Winners, the Company shall not modify or manipulate the points awarded to any Participant in any manner whatsoever.

3. We also may make adjustments or withhold prizes, in the event of a non-compliance by any of the Users with the Terms of Use.

4. No request for substitution or transfer of a prize shall be entertained by the Company. Where the Winner requests the Company to transfer the cash prizes to his bank account, the same will be disbursed ONLY to Winners who are account holders with a bank in India via an electronic funds transfer. The Company shall NEITHER physically mail the cheque containing the prize money to the Winner’s postal address NOR shall the Company hand over cash to the Winner through any other means.All taxes associated with the receipt or use of any prize are the sole responsibility of the Winner. In the event that the awarding of any prizes to Winners of the Game is challenged by any Authority, the Company reserves the right, in its sole discretion, to determine whether or not to award or adjust such prizes, which shall be in compliance with the Applicable Law.

5. In all disputes arising out of the determination of the Winner(s) of the Game(s), the Company is the sole judge and its actions are final and binding on all the Participants.

6. All prizes shall be subject to deduction of tax at source (“TDS”) as per the provisions of the Income Tax Act, 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other tax/ cess/ surcharge under the Applicable Law, including but not limited to, gift tax, etc. in respect of the prizes.

Publicity

1. By entering into a Game, You consent to the Company’s and its service providers’ and business partners’ use of Your name, voice, likeness, photograph and other information provided by You, in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Game and/or other Games made available through the Platform.

2. The Winners agree that the Company has the right to ask them to make themselves available to the Company for publicity, advertising and promotional activities relating to the Games or other Company products, services or events, without additional compensation, from the date of notification of their status as a Winner and continuing until such time when notified by the Company that they no longer need to do so.

3. The Company and its business partners reserve the right to make public statements about the Participants and the Winner(s), on-air, on the internet, or otherwise, prior to, during, or following the Game. You agree that the Company may announce any Winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of the Company, its business or other Games conducted by the Company.

4. You agree that participation in and (where applicable) the winning of a prize in connection with a Game constitutes complete compensation for Your obligations under this Clause 10, and You agree not to seek to charge a fee or impose other conditions on the fulfilment of these obligations.

Intellectual Property Rights

1. No Affiliation with ICC/BCCI/IPL etc.

Unless otherwise specified in these Terms of Use and/or on the Platform, the Company acknowledges and confirms that the Platform is not affiliated in any way to, and claims no association with, in any capacity whatsoever, the (i) International Cricket Council ("ICC") or any national cricket board or team of any country, (ii) Board of Control for Cricket in India ("BCCI"), the Indian Premier League ("IPL") or any IPL franchises, or (iii) any other domestic or international cricket tournament/league, or tournament franchise/team. The Company acknowledges that the ICC, BCCI/IPL and its franchises, respective national cricket boards, domestic and international tournament organisers and franchises/teams, respectively, own all proprietary names and marks relating to the relevant tournament or competition.

2. Copyright

  • The copyrights, design rights (whether or not registered), moral rights, performance rights, database rights, new media rights, names, logos, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, or be capable of registration, in each case in relation to the whole or part of the Website or App or the Content, rests solely with the Company. The Company merely grants You with a license to access and use the Content available on the Platform, in India and for the limited time and purpose needed by You to participate in the Game, subject to the following conditions:
    • You may access and use the Content solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
    • You may not modify or alter the Content available on the Platform;
    • You may not distribute or sell, rent, lease, license or otherwise make the Content on the Platform available to others; and
    • You may not remove any text, copyright or other proprietary notices contained in any Content available on the Platform.
  • All Content is the Company’s property and is protected by the Applicable Law with respect to intellectual property rights. The Company reserves the right to terminate Your engagement with Us in terms of Clause 20, if the Company, in its sole and absolute discretion, believe that You are in violation of this Clause 11.2.
  • The Content made available on or via the Platform, is provided to You ‘AS IS’ for Your information and personal use only and may not be used, copied, reproduced, for any other purposes whatsoever, without the prior written consent of the Company. We reserve all rights, not expressly granted in relation to the Platform and the Content.

3. Trademarks and Domain Names

  • The Company is the sole owner of all right, title, and interest in and to the “Fandromeda” trademark.
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  • www.Fandromeda.com is a domain name registered in the name of the Company. The Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts, service names and applicable Content, constitute the trade dress of the Company.
  • The trademarks, domain names and trade dress of the Company shall not be used or reproduced without the prior written approval of the Company, and may not, in any event, be used in connection with any product or service that is not affiliated with the Company.

Links

1. The Platform may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site and We do not make any representation or warranty, express or implied, in this regard. The Company does not implicitly or explicitly support or endorse any information, products etc. provided on such Linked Sites.

2. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Company, of the Linked Sites or any association with its operators or owners, including the legal heirs or assigns thereof.

3. On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of such Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

Advertisement Links

1. The Platform may contain links to various advertisements (“Advertisement Sites”). The Advertisement Sites are not under the control of the Company. We are not responsible for the content on any Advertisement Site, including, without limitation to, any link contained in the Advertisement Site, or any changes or updates to the same.

2. These Advertisement Site(s) shall be construed to be Linked Sites (as mentioned above) and the provisions of Clause 12 above shall accordingly apply to the Advertisement Site(s).

Privacy

1. The Company collects, stores, processes and uses Your information in accordance with its Privacy Policy. By accessing the Platform and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Platform in accordance with the Company’s Privacy Policy as set out on the Platform.

Fraud and Improper Conduct

1. You may only access and use the Platform for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of the Applicable Law pertaining to Your use of the Platform. You agree that You will not, in any way:

  • Interfere with the ability of others to access or use the Platform;
  • Disrupt the normal flow of communication or otherwise act in a manner that adversely affects the proper working of the Platform or any other Users ability to use the Platform;
  • Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform;
  • Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, by hacking or any other illegitimate means;
  • Attempt to gain unauthorized access to the account of any other User;
  • Use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Platform, including, without limitation, with respect to any identifying information for Your Account;
  • Create multiple accounts using the same mobile number/email address.
  • Abuse, harass, impersonate, intimidate or threaten other Users;
  • Post or transmit, or cause to be posted or transmitted, any content that is harmful, infringing, libellous, defamatory, abusive, offensive, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise violates any Applicable Law or right of any third party; or that 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 any other nation;
  • Use the Platform for any unauthorized purpose, or in violation of any Applicable Law, including intellectual property laws;
  • Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, access to the account, or private information from any User;
  • Create or send unwanted email ("Spam") to any other Users;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • Infringe upon the intellectual property rights of the Company, the Users, or any third party;
  • Submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • Post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, Trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Platform;
  • Use any robot, spider, scraper, sniping software or other automated means to access the Platform for any purpose (except for RSS feed access) without Our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole discretion, an unreasonable or disproportionately large load on Our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or (iii) bypass any measures We may use to prevent or restrict access to the Platform;
  • Use artificial means, including creating multiple User accounts, to inflate Your position and standing in the leader boards for the Games;
  • Advertise to, or solicit, any User to buy or sell any products or services, or use any information obtained from the Platform in order to contact, advertise to, solicit, or sell to any User without their and/or the Company’s prior written explicit consent;
  • Sell or otherwise transfer Your Account/ profile, or allow any third party to use Your Account/ profile;
  • Violate the Terms of Use contained herein or elsewhere;
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform; and
  • Attempt to influence the play in any Sporting Event that is the subject of a Game on the Platform in which You are involved or in which You have a direct or indirect interest.
    • User Generated Content

      1. You understand that all Content made available on the Platform by a User (“User Generated Content”), including but not limited to profile information and communications with other Users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Generated Content originated. This means that You, not the Company, are entirely responsible for all User Generated Content that You upload, post, share, email, transmit, or otherwise make available via the Platform. Under no circumstances will the Company be liable in any way for any User Generated Content.

      2. You acknowledge that We may or may not pre-screen User Generated Content, but that We have the right (but not the obligation) in Our sole discretion to pre-screen, refuse, permanently delete, undelete, and/or move any User Generated Content available via the Platform. Without limiting the foregoing, We shall have the right to remove any User Generated Content that violates these Terms of Use or is otherwise objectionable, in Our sole discretion.

      3. You understand that by using the Platform, You may be exposed to User Generated Content that You may consider to be offensive or objectionable. You agree that You must evaluate, and bear all risks associated with the use or disclosure of any User Generated Content. You further acknowledge and agree that You bear the sole risk of reliance on any Content available on or through the Platform, including any User Generated Content.

      4. With respect to User Generated Content that You submit or otherwise make available on or to the Platform, You grant the Company an irrevocable, fully and freely sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce publish, translate, publicly perform and publicly display such User Generated Content (in whole or in part), and to incorporate such User Generated Content into other works, in any format or medium now known or later developed.

      Warranty disclaimers

      1. The Platform and each portion thereof are provided "AS IS" without warranties of any kind, either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Platform and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.

      2. You acknowledge that the Company has no control over, and has no duty to take any action regarding, which Users gain access to or use the Platform; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release the Company from all liability for You having or not having acquired the Content through the Platform. The Platform may contain, or direct You to other websites containing information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Platform, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform.

      3. The Company will have no liability related to any User Generated Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss or unavailability of any User Generated Content.

      4. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform, either with or without Your knowledge.

      5. The Company shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Platform or due to the non- availability of the Platform for any reason whatsoever.

      6. The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information.

      7. We make no representation or warranty that the Content published on the Platform shall, or that the Platform shall: (i) meet Your requirements/ be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free; (iii) rectify any errors found in the Content or on the Platform. Further, access to the Platform shall be contingent to Your internet accessibility and We shall not be held liable for any lack/ sporadic breaks in Your internet accessibility.

      8. In the event that the Platform or any portion thereof is not accessible due to technical problems or for any other reason, visitors to the Website or the Users of the App are not entitled to claim any loss or damage and are not entitled to any compensation.

      9. If You are dissatisfied or harmed by the Platform or anything related with the Platform, Your sole remedy shall be to terminate these Terms of Use by closing Your Account on the Platform.

      10. No advice or information, whether oral or written, obtained by You from the Company or through use of the Platform shall create any warranty not expressly stated in these Terms of Use.

      Indemnification

      1. You agree to release and to indemnify, defend and hold harmless the Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and Court costs) claims or actions of any kind whatsoever, arising or resulting from Your use of the Platform, Your violation of these Terms of Use (including breach of any representations and declarations made by You), Your receipt, ownership, use or misuse of any prize, and any of Your acts or omissions that implicate publicity rights, defamation or invasion of privacy. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to fully cooperate with the Company in the defense of such matter.

      Limitation of Liability

      1. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM.

      2. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

      3. RECOGNIZING THE RISKS OUTLINED IN CLAUSES 19.1 AND 19.2 ABOVE, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS SUPPLIERS OR LICENSORS, OR THEIR OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND EMPLOYEES, WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL OR DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

      • THE PLATFORM OR ACCESS/USE THEREOF;
      • HE ACCESS/ USE OR THE INABILITY TO ACCESS/ USE THE PLATFORM; OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
      • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM;
      • ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
      • ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE INFORMATION ENTRY; HUMAN ERRORS; TECHNICAL MALFUNCTIONS;
      • FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE/ INTERNET OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE GAME);
      • ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE PLATFORM;
      • THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTEN OF ANY KIND;
      • DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST;
      • TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR
      • ANY OTHER MATTER RELATING TO THE PLATFORM.
        • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR GENERAL USE OF THE PLATFORM DURING THE LAST ONE YEAR OF THE TERM OF YOUR VALID REGISTRATION ON THE PLATFORM FROM THE DATE OF THE CLAIM.

          1. Termination

          i. The Company may terminate or suspend all or part of the Platform and Your Account immediately, without prior notice or liability, if:

          • You breach any of the terms or conditions of these Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time;
          • The Company is required to do so by law (for example, where the provision of access to the Platform to You is, or becomes, unlawful or upon receiving request for termination by any Authority);
          • The provision of the Platform is no longer commercially viable or is in any way detrimental to the Company or its business; or
          • The Company has elected to discontinue, with or without reason, access to the Platform or any part thereof.

          ii. Upon termination/ suspension of Your Account, Your right to use the Platform will immediately cease. If You wish to terminate Your Account on the Platform, You may contact us at support@fandromeda.com.

          iii. Termination of Your Account may include: (i) removal of access to the Platform; (ii) deletion of all Your Account related information and any materials associated with Your Account; and (iii) barring of further use of the Platform by You.

          iv. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

          v. The following provisions of these Terms of Use shall survive any termination/ suspension of the arrangement between You and the Company, in addition to any other provision, which by virtue of its nature, is deemed to survive: REPRESENTATIONS AND WARRANTIES AS REGARDS ELIGIBILITY OF THE USER (CLAUSE 5); RULES OF THE GAME(S) (CLAUSE 3 and 26); INTELLECTUAL PROPERTY RIGHTS (CLAUSE 11); LINKS (CLAUSE 12); ADVERTISEMENT LINKS (CLAUSE 13); PRIVACY (CLAUSE 14); FRAUD AND IMPROPER CONDUCT (CLAUSE 15); WARRANTY DISCLAIMERS (CLAUSE 17); INDEMNIFICATION (CLAUSE 18); LIMITATION OF LIABILITY (CLAUSE 19); TERMINATION (CLAUSE 20); AND GOVERNING LAW (CLAUSE 23).

          vi. The termination/ suspension of Your Account shall not relieve You of any liability that You may have incurred prior to such termination/ suspension.

          vii. You agree that all terminations/ suspensions shall be made in the Company’s sole discretion and that the Company shall not be liable to You or any third party for any termination/ suspension of Your Account, or Your access to and use of the Platform.

          2. Severability

          If any part of the Terms of Use are determined to be illegal, invalid or unenforceable pursuant to Applicable Law, including, but not limited to, the warranty disclaimers and limitation of liability set forth above, then the illegal, invalid or unenforceable provision will be deemed to be superseded by a legal, valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in full force and effect.

          3. General

          i. Unless otherwise specified herein, these Terms of Use and the Privacy Policy (provided on the Platform) constitutes the entire agreement between You and the Company, in respect of the Platform, and supersedes all previous written and oral agreements between You and the Company, if any. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

          4. Governing Law

          i. These Terms of Use shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles. The Courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use. You agree to submit to the exclusive jurisdiction of the Courts in Bangalore, India, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such Courts and to the venue of such Courts.

          5. Grievance Officer

          i. In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the Grievance Officer mentioned below. We shall respond to all grievances lodged within 5 (Five) business days through emails, telephone calls or personal visits, etc. and shall redress Your grievance expeditiously.

          ii. The name and contact details of the Grievance Officer are provided below:

          Name: Ashoka Rao E-mail Address: grievance@fandromeda.com Postal Address: No. 3, 2nd Floor, PDS Towers, Off Kodigehalli Main Road, Sanjeevini Nagar, Bengaluru, Karnataka 560092.

          6. General Provisions

          i. Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent via email to support@fandromeda.com or via registered post/ courier to the registered office of the Company as indicated above.

          ii. Assignment: You cannot assign or otherwise transfer these Terms of Use, or any rights granted hereunder to any third party. However, the Company’s rights under these Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent

          ADDITIONAL TERMS AND CONDITIONS RELATING TO THE PAID FORMAT OF THE GAME:

          In addition to the above-listed terms and conditions, where the Company organises any Paid Format of a Game, the following terms shall also be applicable to the Participant:

          7. Purchase of Virtual Currency

          i. In order to participate in the Paid Format of a Game, the Participants must purchase the virtual currency available for purchase on the Platform (“Virtual Currency”) at the then-applicable rates. The amount of Virtual Currency available for Your use on the Platform shall at all times be reflected in Your Account on the Platform.

          ii. At the discretion of the Company, a ceiling/ limit may be imposed on the amount of Virtual Currency that may be purchased by a User, details of which shall be disclosed on the Platform as and when applicable.

          iii. The Virtual Currency purchased by You may be used only on the Platform and for the purposes of participating in the Paid Formats of the Game.

          iv. Virtual Currency, once purchased by You, cannot be encashed, or transferred to any other person.

          v. This Virtual Currency is used by the Player to pay the pre-determined participation fees and participate in the Paid Format of the Game. The details of the participation fees (payable in Virtual Currency) for each Game shall be available on the Platform. Once You pay the participation fees using the Virtual Currency, You cannot withdraw participation or request that the participation fees paid by You using the Virtual Currency be credited back to Your Account on the Platform, except as provided in Clause 27.3 below.To the extent permitted by Applicable Law and subject to the Company’s Privacy Policy, You acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

          vi. In order to make payments online, You undertake to use a valid payment card, to have sufficient funds or credit available to complete the payment and have an Account on the Platform in good standing. By providing payment card information, You represent, warrant, and covenant that:

          • You are legally authorized to provide such information;
          • You are legally authorized to make payments from the payment card account; and
          • such action does not violate the terms and conditions applicable to Your use of such payment card account or any Applicable Law.

          vii. You agree that You are responsible for any fees charged by Your mobile carrier or internet service provider in connection with Your use of the payment services. The Company shall use the payment card information as described in the Company’s Privacy Policy. You may add, delete, and edit the payment card account information You have provided from time to time through the Platform.

          viii. Except to the extent otherwise required by Applicable Law, the Company is not liable for any payments authorized through the Platform using Your payment card information. Particularly, the Company is not liable for any payments that do not complete because:

          • Your payment card account does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit of the payment card account;
          • You have not provided the Company with correct payment card information;
          • Your payment card has expired; or
          • Any circumstance beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevents the completion of the transaction.
            • Other Terms and Conditions

              i. The User needs to select sports-persons from a pool of sports-persons playing in the Sporting Event corresponding to the Game, to form a Team, by taking into consideration the value assigned to each cricketer on the Platform. The values have been assigned to the sports-persons based on various factors such as average points earned per match, recent form, experience, etc. The total value of the sports-persons chosen by a Player to form a Team should not exceed the maximum value displayed on the Platform or mentioned in the Game Guides. Information and statistical data relating to each sports-person is also available on the Platform to enable You to carefully and skilfully create a winning Team.

              ii. The Company retains a right to cancel any Paid Format of the Game in case: (i) the actual real-life match(es) is/are cancelled for any reason whatsoever; or (ii) certain minimum number of Users (as notified in advance on the Platform/ Game Guide) fail to participate in a Game; or (iii) the Company faces any technical issue(s) in the operation and functioning of the Platform, which interrupts access to or use of the Platform and/or the Game(s) in any manner whatsoever, whether in relation to any or all Users of the Platform, as determined by the Company in its sole discretion.

              iii. In case the Company cancels any Paid Format of the Game in terms of Clause 27.2 above, the entire participation fees paid by the Participant(s) using the Virtual Currency shall be credited back only in the form of Virtual Currency to the Account of such Participant(s) on the Platform, within a period of 5(Five) days’ of such cancellation.

              Prizes and Taxation

              i. You understand and agree that the prize structure (i.e. the manner in which the prizes shall be distributed among the Winners) for each Game (Paid Format) is dependent on the number of Participants in each such Game and that the prizes and the number of Winners may vary dynamically based on the Users who participate in such Game. However, in all cases the details of the prizes to be awarded for each Game shall be regularly updated on the Platform.

              ii. For the summary of prizes for open Games (Paid Format), You may login to the relevant sub-page and check the then-current prize structure. You will be able to see the final prize structure only after the Game has been “locked” i.e. a fixed period of time before the Sporting Event has begun.

              iii. In the case of cash prizes, the Winners of any Paid Format of a Game shall have the following options to receive the entire prize money:

              • To receive the entire prize money in cash, transferred to their bank accounts; or
              • To request the Company to credit Virtual Currency purchased using the entire prize money, to their Account(s) on the Platform, at the then applicable purchase price of the Virtual Currency; or
              • To request the Company to credit part of the prize money in cash to their bank account, and to utilise the remaining part of the prize money towards purchasing Virtual Currency at the then applicable purchase price and crediting the same to their Account(s) on the Platform, in such proportion as requested by the Winner.

              The Customer can choose any one of the 3 (Three) options listed above, to realise the entire prize money. This shall however be subject to the provision of the information/documents in Clause 5.3 above. Once the prize money is used to purchase Virtual Currency which is transferred to the Account of the Winner, the Winner has realised in full the value of the prize money used to purchase such Virtual Currency. The Winner subsequently cannot request for an encashment of the Virtual Currency.

              Expiry and Forfeiture of Virtual Currency

              i. The Virtual Currency held by You in Your Account shall expire and stand forfeited to the Company, in instances where all the following conditions are fulfilled:

              • You have not accessed Your Account or participated in the Paid Format of a Game for a period of 1 (One) year, which reasonably reflects Your intention to no longer use the Platform or participate in any Paid Format of the Game;
              • We shall notify You, in writing, at least 1 (One) month prior to which Your Virtual Currency is due to expire, along with the date of expiration. Notices may be sent to You every 7 (Seven) days’ thereafter as well. Such a notification shall be by way of a notification on Your Account and via Your registered email address. You shall be provided with sufficient time, which shall be clearly disclosed in such notification, to utilise the Virtual Currency remaining in Your Account, if You desire; and
              • Where the continued maintenance of Your Account on the Platform, including the available Virtual Currency therein, results in a huge administrative burden on the Company.

              ii. In addition to the above: (i) any breach by You of any of these Terms of Use, including the terms of any Game Guides, or (ii) any act to defraud the Company in any manner whatsoever, shall also result in a forfeiture of any prize money due to You (if any) and all the Virtual Currency remaining in Your Account on the Platform as on such date.

              Participation from Prohibited States

              i. The Platform shall not be accessed/ used by any person from outside India or any State in India in which conducting such Paid Formats of Games are prohibited as per the local Applicable Law (“Prohibited States”). The Company retains the right to restrict and prohibit the access and/or use by any person, of any feature on the Platform relating to the Paid Format of the Game from the Prohibited States.

              ii. You hereby acknowledge and confirm that:

              • You are not, and shall not, now and in the future, access and/or use the Platform to participate in any Paid Formats of the Game, or purchase any Virtual Currency, while You are located outside India or in any of the Prohibited States in India;
              • All the information and documentation provided by You to the Company, including details provided on the Platform, are true and accurate, and shall always remain true and correct; and
              • You shall promptly intimate Us in case of any change in the information/ documents provided by You to Us, which would result in the above representations no longer being true.

              iii. Any non-compliance by You of the provisions of this Clause 30, where any representation made You is found to be false or incorrect at any time, shall amount to a breach of these Terms of Use, and the consequences set out under Clause 20 shall follow, including any right of the Company to bar or restrict Your access to the Platform.

              General Prohibition

              i. Not withstanding any term or condition set out in these Terms of Use, any person, who accesses/ uses the Platform and/or participates in any Game: (i) from any Prohibited State; or (ii) from any location outside India; or (iii) who is not of the Minimum Age; or (iv) who does not have an Indian bank account as evidenced in terms of Clause 5.3 above, shall be deemed to have committed a breach of these Terms of Use, and shall be subject to the consequences set out hereunder, including his/her ineligibility to receive any prize(s).

              Fan of the Year

              i. The Company is introducing a new gaming initiative called as ‘Fan of the Year’ (“Fan Initiative”) thereby creating an additional opportunity for You to win prizes. All the terms applicable to the Free Format of the Games as set out in these Terms of Use shall apply to the Fan Initiative, unless otherwise, and to the extent, mentioned below.

              ii. Eligibility Criteria: This Fan Initiative shall be open to eligible Participants as per the Terms of Use, for the period commencing from April 1, 2016 to March 31, 2017 (“Initiative Period”). Only Participants of the Free Format of the Games during the Initiative Period shall be included in the Fan Initiative.

              iii. Details: All Participants of certain Games played in the Free Format during the Initiative Period, as notified by the Company prior to the commencement of such Games on the Platform, would be awarded additional points under the Fan Initiative, based on their performance in each such Game, and as per the Fan Initiative points system provided in the Game Guide.

              iv. You are also entitled to create a public Fan Initiative profile page for Yourself and provide information regarding Your performance in the Free Format of the Games, add a profile picture and create a user name.

              v. Prizes: At the end of the Initiative Period, the Company will determine the winner(s) of the Fan Initiative based on the total number of points accumulated by each Participant during the Initiative Period. The Company may also declare more than one winner for the Fan Initiative, based on the points accumulated by the Participants. The details of the prizes, including the number of winners, of the Fan Initiative shall be disclosed by the Company on the Platform, and shall be at the discretion of the Company. In case of any tie in the results, the winner of the Fan Initiative would be determined based on the following guidelines in the order set out below: (i) In the first instance, based on the number of Games in the Free Format, forming part of the Fan Initiative, that the Participant has participated in during the Initiative Period; (ii) If still not resolved, then based on the Participant who has created the most number of Teams in such Games during the Initiative Period; and (iii) If not resolved under either (i) or (ii) above, in such manner as may be determined by the Company.

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