Terms

TERMS OF USE

Effective: 3^rd of February’ 2024

INTRODUCTION

Welcome to Fansplay, a flagship brand of Two Bounce Tech Private Limited (a company registered under the Companies Act 2013) (“Fansplay”, “We”. “Us” or “Our”). These terms of use (“Terms of Use”) govern your access and use of content/services digitally offered by Fansplay, through its Fansplay app (“Platform”).

Please read these Terms of Use carefully by accessing, viewing or otherwise using the Platform you are agreeing to abide by all of the terms set out below and/or the Platform’s Privacy Policy (“Privacy Policy”), Cookie Policy (“Cookie Policy”), Disclaimer (“Disclaimer”), and any additional policies, terms and conditions that may be applicable to the Platform, as amended from time to time (“Additional Terms”). If you do not want to agree to these Terms of Use including the Additional Terms incorporated by reference herein, you may not access or use the Platform.

At all times, you are bound by the then-current version of these Terms of Use and all applicable laws. We highly recommend that you review these Term of Use from time to time to ensure that you are familiar with the most recent version as We reserve the right to modify, alter or update these Terms of Use at any time and you agree to be bound by such modifications, alterations and updates. All amendments to these Terms of Use will be posted on this page. Please review these Terms of Use regularly to remain informed of any amendments. If you do not agree to any modifications, alterations or updates, please discontinue using the Platform immediately.

We also reserve the right, periodically, to extend to you the chance to utilize the content/services on the Platform, such as the ability to participate in events, enter into contests [the "Contest(s)"], or sign up for official newsletters. By participating in such events, programs or Contests, you agree to any and all special terms and conditions set forth in connection with any such event, program or Contest as well as the terms in these Term of Use.

ACCEPTENCE OF TERMS

Your utilization of the Platform is governed by these Terms of Use. YOUR USE OF THE PLATFORM SIGNIFIES YOUR ACCEPTANCE OF THESE TERM OF USE. You need to be 18 years or older to use and/or access the Platform. If you are below the age of 18 years, and would like to use and/or access to any of the services, contents and Contests made available therein, please ask your parent or legal guardian to review and agree to these Terms of Use before you use any part of the Platform or use and/or access any services, contents and Contests.

SERVICES

The Platform gives you access to the world of Pickleball fantasy games and a diverse array of online resources, including but not limited to various potential communication tools, specialized content, and branded features. Unless expressly specified otherwise, any new feature that enhances or expands the Platform, including the introduction of new or specialized services/content by the Platform, are subject to these Terms of Use. On certain occasions, these Term of Use may co-exist with a separate end-user license agreement or a similar contract applicable to a service or product offered by the Platform.

We retain the right to append, modify, remove, suspend, or terminate any facet of the Platform at any juncture without prior notice. Additionally, We may impose constraints on specific features and services or limit access to sections or the entirety of the Platform without notice or incurring any liability. To access the Platform, you must secure internet access, either directly or through devices capable of retrieving web-based Contests, services and contents. Furthermore, you are responsible for procuring all the necessary equipment required to establish this internet connection (e.g., personal computer, modem, cell phone, or other access devices).

Further, certain Contests and services being provided on the Platform may be subject to additional rules and regulations set down in that respect. To the extent that these Terms of Use are inconsistent with the additional conditions set down, the additional conditions shall prevail.

THE CONTENT PROVIDED ON THE PLATFORM IS OFFERED SOLELY FOR INFORMATIONAL PURPOSES. IT IS NOT INTENDED TO SERVE AS A SUBSTITUTE FOR, OR REPLACEMENT OF, ANY PROFESSIONAL ADVICE OR THE ESTABLISHMENT OF PROFESSIONAL RELATIONSHIPS

PLATFORM ACCESS

You are solely responsible for ensuring that your computer system, mobile phone, or other communication devices meet all the necessary technical requirements to access and use the Platform. We reserve the right, at Our sole discretion:

To make modifications, replacements, deny access to, temporarily suspend, or permanently discontinue any part or feature of Our Platform, either globally or for specific individuals and/or users. Additionally, We may block access from particular internet addresses, IP addresses, or geographical territories to Our Platform at any time, without providing reasons for such actions. All changes will become effective when they are posted on the Platform, unless otherwise specified;
To reject, move, or remove any material that may be submitted by you;
To move or remove any content that is available on Platform;
To establish general practices and limits concerning use of the Platform;
To revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant fantasy event;
To assign its rights and liabilities to all user accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to you to your registered email ids).

In the event you breach, or We reasonably believe that you are in breach of these Terms of Use, or have illegally or improperly used the Platform, We may, at Our sole and absolute discretion, and without any notice to you, restrict, suspend or terminate your access to all or any part of Contest or the Platform, deactivate or delete your account and all related information on the account, delete any content posted by you on Platform and further, take legal steps as We deem necessary.

You consent to receiving communications such as announcements, administrative messages and advertisements from Us or any of Our partners, licensors or associates.

PERMITTED USE OF PLATFORM

You are permitted to use the Platform, solely for personal and non-commercial purposes related to the Contests, entertainment and information about fantasy sports. Retrieving data or other content from the Platform, such as scores, statistics, and rankings, in a systematic manner, whether for the purpose of creating a collection, compilation, database, or directory, is strictly prohibited.

By using the Platform, you agree to the following terms:

You shall not register or operate more than one user account with Us;
You agree not to misuse the Platform or any communication systems We use, including hacking;
You will not use the Platform for any unlawful purpose in your jurisdiction or violate these Terms of Use in any way;
You agree to ensure that you can receive all communication from Us by marking e-mails or sending SMS from Us as part of Our “safe senders’” list. We shall not be held liable if any e-mail/SMS remains unread by you as a result of such e-mail getting delivered to your junk or spam folder;
You are responsible for maintaining the confidentiality of your account and password. You agree to immediately notify Us of any unauthorized use of accounts or any other breach of security;
You agree to exit/log-out of your account at the end of each session. We shall not be responsible for any loss or damage that may result if you fail to comply with these requirements;
You will not attempt to probe, scan, or test Our system’s vulnerabilities or breach security measures;
You will not bypass or circumvent any technological measures We or Our providers have implemented to protect the Platform;
You will only use generally available third-party app store (i.e. Play Store and App Store) to download the App;
You will not send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, pyramid schemes, or any form of solicitation;
You will not use any meta tags or hidden text or metadata containing Our trademark, copyright, logo, URL, or product name;
You will not use the Platform or Contests or any other services or content for commercial purposes that are not permitted by these terms;
You will not forge any TCP/IP packet header or source-identifying information when using the Platform;
You will not attempt to decipher, decompile, disassemble, or reverse engineer any software used in the Platform and its services or Contests or its content;
You will not interfere with other users, hosts, or networks, including sending viruses, worms, trojan horses, or engaging in actions that overload, flood, spam, or disrupt the Platform;
You will not collect content from the Platform using automated means (e.g., spiders, scrapers, bots, or robots);
You will not encourage or enable others to engage in any of the above actions;
You shall not publish any content that 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;
Without limiting the foregoing, you agree not to use the Platform for any of the following:

to engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
to harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
to publish, post, upload, e-mail, distribute, or disseminate (“Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
to advertise, offer or sell any goods or services for any commercial purpose on the Platform;
to download any file, recompile or disassemble or otherwise affect our Platform and/or services that you know or reasonably should know cannot be legally obtained in such manner;
to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
to restrict or inhibit any other user from using and enjoying any public area within our sites;
to collect or store personal information about other users;
to impersonate any person or entity, including, but not limited to, a representative of Us, or falsely state or otherwise misrepresent your affiliation with a person or entity;
to forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Us or to manipulate your presence on Platform;
to take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
to engage in any illegal activities. You agree to use Our chat areas, news groups, forums, communities and/or message or communication facilities (“Forums”) only to send and receive messages and material that are proper and related to that particular Forum;
to engage in any action 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 other nation.

If you choose a username that, in Our considered opinion is obscene, indecent, abusive or that might subject Us to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, We reserve the right, without prior notice to you, to restrict usage of such names, which in Our opinion falls within any of the said categories and/or change such username and intimate you or delete such username and posts from Our Platform, deny such you to access the Platform, or any combination of these options.

Additionally, We may co-operate fully with law enforcement authorities or comply with court orders or directions from regulatory authorities in Our jurisdiction, such as disclosing the identity or locating shall not considered as material breach of these terms or applicable laws.

We reserve the right to use cookies in line with Our Privacy Policy and process your personal data as described in these terms and Our Privacy Policy. Your use of the Platform and any other materials available through it is solely at your own risk and discretion, and We disclaim any and all liability to you or any third-party in connection with such use.

CONDITIONS OF PARTICIPATION

By entering a Contest, you agree to be bound by these terms and Our decision. Subject to the terms and conditions stipulated herein below, We, at Our sole discretion, may disqualify you from a Contest, or terminate your account, if you engage in unfair conduct, which We deem to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other users which includes, but is not limited to:

falsifying ones’ own personal information (including but not limited to age, name, email address and/or any other information or documentation as may be requested by Us to enter a Contest;
colluding with any other user (s) or engaging in any type of syndicate play;
any violation of Terms of the Contest or the Terms of Use;
accumulating fantasy points through unauthorized methods such as automated bots, or other automated means;
using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Platform;
tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Our users, sending unwarranted email content either to selected users or in bulk); or
abusing the Platform in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of abuse).

In case you are found to be in breach of these Terms of Use, We reserve the right to initiate appropriate legal action as We may be advised other than forfeiture and/or termination of your participation and your use of Our Platform respectively.

REGISTRATION FOR A CONTEST

In order to register for the Contest (s), you are required to accurately provide the following information:
a) Full Name
b) Date of birth and Age
c) Gender
d) State of Residence
e) Team Name(s)
f) E-mail address
g) Password

You are also required to confirm that you have read, and shall abide by, these Terms of Use. Upon submission of the aforementioned details and selecting the "register" tab, you, provided you are 18 or above 18 years of age or your parent or legal guardian has given consent to use or access the Platform on behalf of you if you are below 18, will receive an email confirming your registration.

COPYRIGHTS AND TRADEMARKS
Ownership

Fansplay includes a combination of content created by Fansplay, its partners, affiliates, licensors, associates and/or by you, if any. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Fansplay, the Platform, and material/content published on Fansplay, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, content and flash animation, is owned by Fansplay, its partners, licensors and/or associates. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Fansplay either in whole or in part.

Notice and Procedure for Making Claims of Copyright Infringement

It is Fansplay's policy to respect the intellectual property rights of others. In connection with these Terms of Use, Fansplay will not knowingly post content of any kind that infringes the copyright rights of others. Fansplay has designated a dedicated representative to receive notifications of alleged copyright infringement on the Platform. If you believe that your work has been used in a way that constitutes copyright infringement, please send (a) a description of the work; (b) a description of the location of the work on the Platform, including the URL; (c) your name, address, e-mail ID, and phone number; (d) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under the applicable laws; and (e) a signed statement by you that you believe, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner. Please submit these materials to support@fansplay.global.

LINKS
Links to the Platform

You can use Our Content or link Our Platform in a good faith, but you are not permitted to use any trademarks or service marks as links to Our Platform from external Platforms, or as machine-readable search terms like metatags. Fansplay retains the right to withdraw your authorization to link to Our Platform at Our absolute discretion.

Any third-party Platform that links Our Platform must adhere to the following guidelines:

a) Do not create a frame around Our Platform’s content.
b) Do not duplicate Our Platform's content.
c) Do not make any claims or suggestions that Our organization sponsors or endorses your third-party Platform.
d) Do not engage in libel or provide false or deceptive information regarding Our organization, its members, or players.
e) Do not include content that could be considered illegal, immoral, offensive, controversial, or inappropriate in the context of Our Platform.

Additionally, deep linking to Our Platform’s internal pages is expressly prohibited. By posting or creating any link to Our Platform, you acknowledge that you have read and agree to comply with these Terms of Use. If you believe that any website that links to the Platform contains illegal, offensive, or inappropriate content, please contact support@fansplay.global.

Links from the Platform

While using Our Platform, you may find links that lead you to other platforms. Please be aware that such linked platform (s) are not managed or controlled by Fansplay. Fansplay have not conducted reviews or due diligence for these linked platforms. As a result, Fansplay is not responsible for the content/services/products or accuracy of the content/services or any missing information on these linked platforms.

Your use of any third-party platform, content, data, information, applications, goods, services or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on Fansplay’s part or of Our affiliates. Fansplay does not verify, endorse, or have any responsibility for Third Party Services and any third-party business practices (including, without limitation, their privacy policies), whether the services or content or Our logo is on the Third-Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, We encourage you to be aware when you leave the Platform and to read the terms and conditions and privacy policy of each Third Party Service you use. Please understand that FansPlay is not liable for any damages that may occur when you click these external or third-party links. YOUR USE OF THE SAID LINKS IS AT YOUR OWN RISK.

UNSOLICITATED MESSAGE

While Fansplay appreciates the enthusiasm of pickle ball and sports enthusiasts and value your feedback and suggestions, Fansplay cannot accept unsolicited submissions. PLEASE AVOID SUBMITTING UNSOLICITED MATERIALS OF ANY KIND TO OUR PLATFORM.

If you decide to share any information on Our Platform, including creative ideas, inventions, concepts, or materials such as text, photos, or drawings, you affirm, warrant, and agree to the following: that you have the unrestricted right to share this information, that it does not violate copyright, trademark, patent, trade secret, privacy rights, or any other intellectual property or proprietary rights of others, that it is not confidential or proprietary to you or anyone else, that it does not harm any individuals or entities, and that Our Platform may utilize, copy, distribute, modify, display, disclose, obtain intellectual property protection under Our own name, or otherwise use this information (including any ideas contained therein). Fansplay may also manufacture, use, and sell products, methods, and processes derived from this information, without limitations, anywhere in the world, free of charge, and at Our sole discretion, with or without crediting the source or authorship. Our Platform shall not be held responsible for any compensation, royalties, license fees, claims, or damages arising from the use of such information.

WARRANTY DISCLAIMERS

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. FANSPLAY’S CONTESTS, SERVICES AND ALL CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANSPLAY, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTESTS AND/OR SERVICES AND/OR PRODUCT AND/OR CONTENT MADE AVAILABLE THROUGH THE PLATFORM, NOR DOES FANSPLAY GUARANTEES THAT THE CONTEST AND/OR CONTENT AND/ OR SERVICES AND/OR PRODUCT WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANSPLAY MAKES NO WARRANTY THAT (I) FANSPLAY’S SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTEST AND/OR SERVICES AND/OR PRODUCT AND/OR CONTENT WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE CONTEST AND/OR SERVICES AND/OR PRODUCT WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE CONTEST AND/OR SERVICES AND/OR PRODUCT AND/OR CONTENT WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT.

INDEMNITY AND RELEASE

You agree to release, indemnify, defend, and hold Fansplay, Two Bounce Tech Private Limited and Our officers, directors, employees, affiliates, group companies, agents, representatives, directors, and subcontractors each, harmless from any and all claims or demand including reasonable attorneys’ fees, made by any third-party due to or arising out of your misuse of Platform (including the content made available by Fansplay), your violation of these Terms of Use and/or the Additional Terms or your violation of any rights of another.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FANSPLAY OR TWO BOUNCE TECH PRIVATE LIMITED OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF FANSPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, OR (B) ANY CONTEST OR SERVICE OR CONTENT AVAILABLE THROUGH THE PLATFORM.

DELAYS IN SERVICES

Fansplay (including its directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions, temporary outages or interruptions, or in the transmission or delivery of all or any part of the content or for any resulting damages, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Fansplay shall have no responsibility to provide you access to the Platform and/or the Contest and/or content while the said interruption continues.

CONFLICTING TERMS

In the event of any conflict or inconsistency between these Terms of Use and any other documents including Additional Terms, regardless of whether such documents precede or follow these Terms of Use, or whether they are executed or acknowledged by any director, officer, employee, representative, or agent of Fansplay, these Terms of Use shall take precedence and govern.

TERMINATION

Fansplay retains the authority to modify or discontinue, without prior notice, any features, Contests, content, materials, equipment, specifications, models, products, programs, or services mentioned on the Platform, as well as their availability. The Contest, content, methods, and processes outlined on the Platform may be protected by applicable law. Additionally, Fansplay holds the discretion to terminate these Terms of Use and your access to some or all of the Platform, with or without notifying you.

Your responsibilities as outlined in these Terms of Use will remain in effect for as long as you continue to access or utilize Platform or participating Contests or maintain any of its content or copies. You have the option to end your responsibilities at any time by ceasing your use of the Platform and deleting and/or return all content obtained from it, along with any copies.
Termination or cancellation of these Terms of Use shall not affect any rights or remedies to which Fansplay may be entitled, either at law or in equity. Upon termination of these Terms of Use, all rights granted to you under these Terms of Use will cease and revert to Fansplay.

TERMINATION

These Terms of Use constitute the entire agreement between you and Fansplay concerning the subject matter. If any portion of these Terms of Use is deemed unlawful, invalid, or unenforceable, then such portion of the Terms of Use shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of the Terms of Use.

NO WAIVER

Our failure to insist upon or enforce any right or provision within these Terms of Use shall not be interpreted as a waiver of such right or provision of Fansplay.

SURVIVAL

Neither the expiration nor termination of this shall affect such of the provisions of these Terms of Use and/or any Fansplay’s policies, that by their nature are intended to survive expiration or termination of the Terms of Use and/or any Fansplay’s policies.

JURISDICTION AND CHOICE OF LAW

All disputes arising out of or relating to these Terms of Use or Privacy Policy or the Additional Terms or the Platform shall be governed by the laws of India and the Courts of New Delhi shall have exclusive jurisdiction.

MODIFICATION OF THESE TERMS OF USE

We reserve the right to update these Terms of Use and/or Additional Terms and/or other Fansplay’s policies at any time and for any reason in Our sole discretion by posting the updated terms. Unless otherwise indicated by Us, any changes will become effective on a prospective basis from the date of posting. Fansplay will notify you of any changes to these Terms of Use. By continuing to access or use the Platform, after We have provided you with notice of a modification, you are agreeing to be bound by the modified Terms of Use and/or Additional Terms and/or other Fansplay’s policies. If the modified Terms of Use and/or Additional Terms and/or other Fansplay’s policies are not acceptable to you, your only recourse is to cease using the Platform. Fansplay and its third-party service providers may make improvements and/or changes in the services, features, Contests and content at any time and for any reason in its sole discretion.

ADDITIONAL TERMS AND NOTICES

Registration data and other information about you, are subject to Our Privacy Policy. We employ cookie technology in Our Platform. Kindly read Our Cookie Policy for more information on Our use of Cookies.