- (a) Dotball Interactive Private Limited a private limited company having its registered office at No. 825/90, 13th Cross, 3rd Main Road, Mahalakshmi Layout, Bangalore-560086 ("Dotball") owns and operates the website www.dotball.com (the “Website”) and the Dotball mobile application (the “Mobile Application” and together with the Website, the “Platforms”). Through the Platforms, Dotball offers free-to-play fantasy cricket contests (“Free Contests”) and pay-to-play online fantasy cricket contests (“Paid Contests” and together with the Free Contests, the “Contests”).
- (b) For the purpose of these Terms and Conditions of Use (“Terms”), wherever the context so requires "You", “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Platforms. “We”, “Us” or “Our” shall mean Dotball, its employees, and authorised agents that perform any services on Dotball’s behalf in relation to the Platforms.
- (d) We reserve the right to make changes to these Terms at any time. We shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms. Any such modifications will become effective immediately upon posting to the Platforms. As between Dotball and You, You shall be solely responsible for reviewing and becoming familiar with any such modifications. We may also, in Our sole discretion, notify You of such modifications, by contacting You through the registered email address associated with Your Account (defined below). Use of the Platforms by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. You are advised to regularly visit the Platforms to view the most current Terms. From time to time, We may by notification, require You to provide Your consent to the updated Terms in a specified manner, prior to any further use of the Platforms. You may then exercise the options provided in such notification to indicate non-acceptance of the modified Terms. If such options are not exercised by You within the time frame prescribed in the notification, You will be deemed to have accepted the modified Terms.We may also post supplementary conditions applicable to the Platforms. In such an event, Your use of the Platforms will be governed by the Terms as well as any such supplementary terms that the Platforms may be subject to.
- (e) If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
- (f) We may at Our sole discretion, (i) Restrict, suspend, or terminate any User's access to all or any part of the Platforms; (ii) Change, suspend, or discontinue all or any part of the Platforms; (iii) Reject, move, or remove any material that may be submitted by a User; (iv) Move or remove any content that is available on the Platforms; (v) Deactivate or delete an Account and all related information and files on the account; (vi) Establish general practices and limits concerning use of the Account; (vii) Revise or make additions to the roster of cricketers available for selection in a Contest on account of revisions to the roster of cricketers involved in the relevant Match (as defined herein); and (vi) Assign Our rights and liabilities to all Accounts hereunder to any entity (post intimation of such assignment to all Users to Their registered email ids).
- (g) In the event any User breaches, or Dotball reasonably believes that such User has breached these Terms, or has illegally or improperly used or accessed the Platforms or Contests, Dotball may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Platforms or Contests, deactivate or delete the User's Account and all related information on the Account, delete any content posted by the User on the Platforms and further, take technical and legal steps as it deems necessary.
- (h) In case of any breach or violation by the User of these Terms, Dotball will not be obligated to refund any administrative/service fees already paid in respect of any Contests, and any Contest winnings due to such User and any bonus amounts credited to such User shall stand automatically forfeited. The User’s account balance standing to the credit of such User, excluding any accumulated Contest winnings and bonus amounts, shall be applied against losses and damages suffered or assessed by Usas arising out of your breach or violation of these Terms, and any amount remaining (if any) shall be returned to such User.
- (a) You may participate in Our Contests only if You are residing in India and are of 18 years of age or over as of the date of commencement of the Contest.
- (b) You may not participate in the Paid Contests if You are a resident of any state in India in which participating, organising or conducting of Paid Contests is prohibited, which states shall include, but not be limited to: Telangana, Assam, Sikkim, Nagaland and Odisha (“Excluded States”).
- (a) Any information provided by You to Us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
- (c) You hereby confirm that You are not a resident of the Excluded States and that You will not now nor in the future, access the Platforms or participate in any Paid Contests from outside India or from within the Excluded States. Dotball reserves the right to restrict access to, and participation in, the Paid Contests to any person, from time to time in Our sole discretion.
- (b) You are aware that participation in the Contests organized by Us may result in financial loss to You. With full knowledge of the facts and circumstances surrounding these Contests, You are voluntarily participating in the Contests and assume all responsibility for any risk resulting from Your participation, including all risk of financial loss.
- (c) You represent that You have the experience and the requisite skills required to participate in the Contests and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Contests. You further acknowledge that You are solely responsible for any consequence resulting from Your participating in the Contests or being associated with the Contests or around the Contests. You understand that Dotball assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in the Contests.
- (d) You understand and agree that You are solely responsible for all content posted, transmitted, uploaded or otherwise made available by You. All content posted by You must be legally owned by or licensed to You. By publishing any content on the Platforms, You agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform Your content and to use such content in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, location, messages, gender or pictures. You also understand that You do not obtain any rights, legal or equitable, in any material incorporating Your content. You further agree and acknowledge that Dotball has the right to use in any manner whatsoever, all communication or feedback provided by You.
- (e) You understand and accept that Dotball reserves the right to record any and all User content produced by way of but not limited to chat messages on the Platforms or other interactive features, if any, offered by Dotball.
- (f) You understand that the funds in Your Account held by Dotball do not carry any interest or return.
- (g) You shall not hold Dotball responsible for not being able to play any Contest for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Account as Your Account may be pending validation or You may be in suspected or determined to have violated of any of the Terms.
- (h) You understand and accept that by viewing or using the Platforms or playing any of the Contests, or using communication features on the Platforms, You may be exposed to content posted by other Users which You may find offensive, objectionable or indecent. You may bring such content posted by other Users to Our notice that You may find offensive, objectionable or indecent and We reserve the right to act upon it as We may deem fit. The decision taken by Us in this regard shall be final and binding on You.
- (i) You consent to receiving communications such as announcements, administrative messages and advertisements from Dotball or any of its partners, licensors or associates.
User Account Creation and Operation
- (a) In order to register for the Contests, You will need to register and create a user account on any of the Platforms (“Account”).
- (b) By completing the registration process, You confirm Your acceptance of these Terms.
- (c) During the registration process, You will be required to choose a login name and a password in addition to providing some other information. Additionally, You may be required to give further personal information for Your Account verification and/or for adding cash to Your Account. You must give Us the correct details in all fields requiring Your personal information, including, without limitation, Your name, postal address, email address, telephone number(s) etc. You undertake that You will update this information and keep it current.
- (d) In the event You indicate, while entering an address, or We reasonably determine that You are a resident of the Excluded States, You will not be permitted to proceed to enter any Paid Contests.
- (e) You acknowledge that We may, at any time, require You to verify the correctness of this information and in order to do so may require additional documentary proof from You, failing which We reserve the right to suspend or terminate Your registration on the Platforms.
- (f) Any information provided by You to Us should be complete and truthful to the best of Your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us.
- (g) You understand that it is Your responsibility to protect the information You provide on the Platforms including but not limited to Your username, password, email address, contact details and mobile number. Dotball will not ask for Your Account login password, which is only to be entered at the time of login. At no other time should You provide Your Account information to any User logged in on the Platforms or elsewhere. You undertake that You will not login and then allow, any other person to play from Your Account using Your username. You specifically understand and agree that We will not incur any liability for information provided by You to anyone, which may result in Your Account being exposed or misused by any other person.
- (h) You agree to use Your Account solely for the purpose of playing on the Platforms and for transactions, which You may have to carry out on the Platforms to participate in the Contests.Use or attempted use of Your Account for any reason other than what is stated in the Terms may result in immediate termination of Your Account and forfeiture of any prize, bonus or balance in Account.
- (i) You also understand and agree that deposits in Your Account maintained with Us are purely for the purpose of participation in PaidContests made available on the Platforms.
(j) We reserve the right to verify Your identity proof and address proof from time to time and to cancel any prize should any inconsistencies arise in Our verification process. For the purpose of verification, We shall require from You any two (2) of the following:
- PAN Car
- AADHAR Card
- Drivers’ License
- (k) We are legally obliged to deduct Tax Deducted at Source (TDS) on all prizes. In these cases, You will be required to furnish Your Permanent Account Number (PAN) duly issued to You by the income tax authorities if You have not already done so. Withdrawal of the winnings and prizes will only be permitted once You provide correct and accurate PAN details, bank account details and proof of the same. These limits and rates are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing You an appropriate certificate of tax deduction. We neither advise You nor shall in any manner be responsible for Your individual tax matters.
- (l) You understand and agree that You cannot transfer any sums from Your Account to the account of another registered User on the Platforms except as may be specifically permitted by Us and subject to restrictions and conditions as may be prescribed.
User Account Validation and Personal Information Verification
- (a)From time to time Dotball may attempt to validate and verify your account.These attempts may be made via a phone call or via email. In the event that We are not able to get in touch with You the first time around, We will make additional attempts to establish contact with You. If the phone number and email provided by You is not correct, We bear no responsibility for your participation in any Contest(s) being interrupted due to Our being unable to establish contact with You.
- (b) If We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging into the Platforms until We are able to satisfactorily validate Your Account. We will in such an event email You to notify You of the next steps regarding Account validation. We may also ask You for proof of identification and proof of address from time to time.
- (c) Upon receipt of suitable documents, We will try Our best to enable Your Account at the earliest. However, it may take a few business days to reinstate Your Account.
- (d) In the event that We have made several attempts to reach out to You but have been unable to do so, We also reserve the right to permanently suspend Your Account and refund the amount, if any, in Your Account to the financial instrument through which the payment was made to Your Account or by cheque to the address provided by You. In the event the address provided by You is incorrect, Dotball will not make any additional attempts for delivery of the cheque unless a correct address is provided by You and charges for redelivery as prescribed by Dotball are paid by You.
- (a) You undertake that You Yourself will play the Contests, which You have registered or joined, and You shall not use any form of external assistance to participate in the Contests. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Platforms or use any third-party software that intercepts, mines or otherwise collects information from or through the Platforms or through the Contests. Any attempt to employ any such external assistance is strictly prohibited.
- (b) Collusion between You and any other User(s) for participating in the Contests organized on the Platforms or any other form of fraud or cheating is strictly prohibited.
- (c) When collusion or cheating is detected, Dotball shall take appropriate action against offending Users, which may include Your disqualification from the Contest and forfeiture of Your entry fee and may extend to the termination of Your Account, based upon the gravity and time-frame of Your fraudulent or mala fide conduct.
- (d) You are prohibited from using the Platforms for any purpose that may be construed as money laundering or circumvention of applicable law/regulations, including, without limitation, attempting to withdraw cash from unutilized cash added through credit cards.
- (e) Sending spam emails or any other form of unsolicited communication for obtaining registrations on the Platforms to benefit from any promotional program of Dotball or for any other purpose is strictly prohibited.
- (f) Multiple IDs: Your registration across the Platforms is restricted to a single Account, which will be used by You to enter Contests. You are prohibited from creating or using multiple Accounts across the Platforms for participation in Contests.
- (g) You may not create a login name or password or upload, distribute, transmit, publish or post content through or on the Platforms or through any service or facility including any messaging facility provided by the Platforms which:
- Is libellous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
- Contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
- Is otherwise objectionable or undesirable (whether or not unlawful);
- Would constitute incitement to commit a criminal offence;
- Violates the rights of any person;
- Is aimed at soliciting donations or other form of help;
- Violates the intellectual property of any person;
- Disparages in any manner Dotball or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
- Promotes a competing service or product; or
- Violates any laws.
- (h) In the event, We determine that the login name created by You is indecent, objectionable, offensive or otherwise undesirable, We shall notify You of the same and You shall promptly provide Us with an alternate login name so that We can change Your existing login name to the new name provided by You. If, You fail to provide an alternate name, We reserve the right to permanently suspend Your Account.
- (i) You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Platforms, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Platforms or any files that are part of the Platforms.
- (j) You may not alter or modify content on the Platforms, or remove, obliterate or obstruct any proprietary notices or labels.
- (k) You shall not exploit the Contests offered and content available on the Platforms for commercial purposes including but not limited to providing an over-the-top service that utilises the Contest or Platform to operate or use in a cyber cafe as a computer gaming centre, network play over the internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Platforms.
- (l) You shall not derive any commercial benefits from the use of the Platform by Users and you shall not sublicense or otherwise exploit for commercial benefit any Contest(s) or service offered through the Platform. In particular, You shall not charge any fees whether in cash or in kind from the Users for participation in any Private League or other Contest hosted by You on the Platforms.
- (m) You shall not upload, distribute or publish through the Platforms, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to Us or that aids in providing the services offered by Dotball. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Platforms or not. Additionally, You shall not impersonate another person or User, attempt to get a password, other User account information, or other private information from a User, or harvest email addresses or other information.
- (n) You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Account, content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platforms.
- (o) Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to Your Account is strictly prohibited.
- (p) Accessing or attempting to access the Platforms through someone else's User account is strictly prohibited.
- (q) If You are an officer, director, employee, consultant or agent of Dotball or a relative of such persons, You are not permitted to play either directly or indirectly, any Contests which entitle You to any prize on the Platforms, other than in the course of Your engagement with Dotball. For these purposes, the term ‘relative’ shall include a spouse, financially dependent parents, and children (including step-children).
- (r) If You have been directly associated with setting up the Contests on the Platform or such Contests’ structure, You are not permitted to play either directly or indirectly, any Contests which entitle You to any prize on the Platforms, other than in the course of Your engagement with Dotball.
- (s) You shall not post any material or comment, on any media available for public access, which in Our sole discretion, is defamatory or detrimental to Our business interests, notwithstanding the fact that such media is not owned or controlled by Us. In addition to any other action that We may take pursuant to the provision hereof, We reserve the right to remove any and all material or comments posted by You and restrict Your access to any media available for public access that is either controlled or moderated by Us; when in Our sole opinion, any such material or comments posted by You is defamatory or detrimental to Our business interests.
- (a) Dotball provides the Contest(s) in two separate formats on the Platforms, (1) as a public league where Users can participate in a Contest with other Users without any restriction on participation and (2) private leagues, where Users can invite specific Users into a Contest and restrict participation to such invited Users. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s).
- Public League
- In the Public League format of the Contest(s), Dotball may offer the Contest(s) in leagues comprising of 2 participants, 3 participants, 5 participants, 10 participants, 100 participants or any other pre-designated number of participants.
- Dotball may offer this format of the Contest(s) as a Paid Contest or as a Free Contest and the Winner will be determinable at the end of the round
- The number of participants required to make the Contest(s) operational will be pre-specified and once the number of participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of participants is less than the pre-specified number at the time of commencement of the round, such Contest(s) will not be operational and the participation fee paid by each participant shall be returned to the account of such User without any charge or deduction.
- In the Private League format of the Contest(s), Dotball enables Users to create a league ("Private League") and invite other Users, whether existing Users or otherwise, ("Invited User") to create teams and participate in the Contest(s). Users may create a Private League to consist of a pre-specified number of participants, that is, consisting of either 2 participants, 3 participants, 5 participants or 10 participants. The User creating the Private League shall be designated as the ‘Chairperson’ of the Private League and shall submit the participation fee for such Private League. The Users shall be provided with a unique identification code ("League Code") (which will be issued to the account of all Invited Users). The Users agree and understand that once the Private League is created no change shall be permitted in the terms or constitution of the Private League, except for a change in the name of the League. The User/Chairperson creating the Private League shall provide Dotball with the email address or Facebook account username of Invited Users to enable Dotball to send a message or mail inviting such Invited User to register with Dotball (if necessary) and participate in the Private League in relation to which the invite has been issued.
- Public League
- (a) Users may participate in either, (a) the Fantasy Championship Contest, which runs for the entire duration of a cricket tournament/series; or (b) the Daily Challenge Contest in which Users create virtual squads on the basis of cricketers participating in a particular Match being played on a particular day, and compete against other Users participating in a particular Contest.
- (b) In order to participate in the Contest(s) and subject to these Terms, You must create a fantasy game squad (“Squad”) consisting of eleven (11) real life cricketers involved in real-life cricket matches, (each a “Match”) to which the Contest relates.
- (c) You will be provided with a budget in virtual currency of a total of one hundred (100) credits. The real life cricketers will be ranked between one (1) to ten (10) credits. You will be required to operate within this budget and and draft your Squad subject to the restrictions mentioned in the Dotball Contest Rules.
- (d) You may draft and submit such number of Squads through your Account for participation in a Contest as specified by Dotball in relation to such Contest.
- (e) Your Squad must be composed of the following:
- No more than Three (3) cricketers classified as batsmen;
- No more than Three (3) cricketers classified as bowlers;
- A maximum of One (1) cricketer classified as a wicket-keeper; and
- No more than Four (4) cricketers classified in any role.
- (f) Of the eleven (11) cricketers selected, Users can designate one (1) cricketer as the ‘Captain’ and another cricketer as the ‘Vice-Captain’.
- (g) The manner in which points will be awarded, substitutions will be allowed and all other rules of the Contests will be governed by the Dotball Contest Rules dotball.com/rules.html and any other rules and regulations (including rules and regulations in relation to any payments made to participate in the Contest(s); and all Users agree to abide by the same.
- (h) For certain Contests, Dotball may offer Users the following game features with respect to such Contests, subject to the conditions specified below on as such additional terms/rules as may be specified in the Dotball Contest Rules or pre-declared by Dotball prior to the User joining the Contest:
- In-game Substitutions: Under this feature, Users will have the opportunity to substitute a cricketer from their squad (“Substituted Cricketer”) with another cricketer participating in the Match (“Replacement Cricketer”) during the course of a Match, at such time and for such fee as is pre-designated and pre-determined by Dotball prior to the commencement of the applicable Contest. In that a User effects the substitution and replaces the Substituted Cricketer with the Replacement Cricketer, the points attributable to the Substituted Cricketer till the substitution is effected and the points attributable to the Replacement Cricketer after the substitution was effected will be considered in determining the User’s total score for such Contest. To clarify, any points scored by the Substituted Cricketer after the substitution taking effect and any points scored by the Replacement Cricketer prior to the substitution taking effect will not be considered in determining nor shall they contribute towards the User’s total score for such Contest.
- Captain/Vice Captain Re-Designations: Under this feature, Users will have the opportunity to re-designate the (then current) Captain and/or Vice-Captain (each an “Original Designation”) of their squad as normal squad members and designated other cricketers in their squad as Captain and/or Vice Captain, respectively (each a “Replacement Designation”) during the course of a Match, at such time and for such fee as is pre-designated and pre-determined by Dotball prior to the commencement of the applicable Contest. In the event a User effects the re-designation and replaces an Original Designation with a Replacement Designation, the points attributed to the Original Designation till the re-designation is effected and the points attributable to the Replacement Designation after the re-designation was effected will be eligible for the score multipliers applicable to Captains/Vice-Captains (as the case may be) under the Dotball Contest Rules. To clarify, any points scored by the Original Designation after the re-designation taking effect and any points scored by the Replacement Designation prior to the re-designation taking effect will not be eligible for the score multipliers applicable to the Captains/Vice-Captains under the Dotball Contest Rules.
- (a) The winner of a Contest (“Winner”) will be primarily determined on the basis of the cumulative points accumulated by such User’s Squad. The User(s) whose Squad has the most amount of aggregate points, relative to the Squads of other Users participating in the Contests will be declared as the Winner(s). The contemplated number of Winner(s) and the prizes/winnings due to each Winner in each Contest shall be as specified on the relevant Contest page prior to the commencement of the Contest. In case of a tie in the aggregate points accumulated by Users’ Squads, the Winner will be determined in accordance with the tie breaker mechanism set out in the Dotball Contest Rules dotball.com/rules.html .Dotball shall not be liable to pay any prize/winnings if it is discovered that the Winners have not abided by these Terms and other rules and regulations in relation to the Contests.
- (b) You understand and accept that Your participation in the Contests available on the Platforms does not create any obligation on Us to give You a prize. Your winning a prize is entirely dependent on Your skill as a player vis-a-vis other players in the Contest and subject to these Terms and the rules of the particular Contest.
- (c) We shall not be responsible for inaccurate details regarding any prizes/winnings given to the participants by any third party.
- (d) Subject to availability of prizes, We reserve the right to substitute any prize with another prize of similar or equivalent value without prior notice. In the event there is a delay in the availability of the prize, We reserve the right to delay the delivery to the Winner.
- (e) Winnings, bonuses and prizes are unique to the User and are non-transferable and are not exchangeable or redeemable in cash or cash-equivalent. In the event You attempt to transfer any winnings, bonuses or prizes, these will be forfeited.
- (a) All transactions on the Platforms shall be in Indian Rupees.
- (b) The Platforms host a number of Contests for which We reserve the right to charge an administration fee, which would be specified and notified by Us on the Contest page prior to Your joining of such Contest.
- (c) Each Contest available on the Platformhas an entry fee depending on the kind of Contest, kind of prizes, level of participation and other factors per Our discretion.
- (d) The administration fee and entry fee specified on the Platform are exclusive of GST and any other applicable indirect taxes.
- (e) The administration fee, entry fee and applicable tax thereon will be debited from Your Account balance for the Contest, and We shall issue an invoice for such debit to You.
- (f) You may use credit cards / debit cards / net banking / online payment wallets / accumulated game credits to remit the required amount to Dotball. The payment made shall be credited to Your Account and the applicable amount towards participation in the Contest shall be debited from Your Account.
- (g) You acknowledge that transactions on the Platforms may take up to 24 hours to be processed. You agree not to raise any complaint or claim against Dotball in respect of any delay, including any lost opportunity to join any Contest or round due to delay in processing of any fee.
- (h) A transaction, once confirmed, is final and no cancellation is permissible. However, Dotball may, at its sole and absolute discretion, permit You to cancel a transaction.
- (i) Dotball may, at its sole and absolute discretion, refund the amount toYou after deducting applicable cancellation charges and taxes. At the time of the transaction, You may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
- (a) You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Contests or due to issues with the hardware and software used by You. You understand that Dotball has no control over these factors. Dotball shall not be responsible for any interruption in the provision of the Contests and You take full responsibility for any risk of loss due to such interruptions for any such reason.
- (b) You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support the Platforms (each a "Server"); or (b) the enjoyment or use of the Platforms by any other User or person. You agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the Platforms or any other person's use or enjoyment of the Platforms.
- (a) All content and material on the Platforms including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software (collectively referred to as "Content"), whether or not belonging to Dotball, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any User can be logged/recorded by Us and shall form part of the Content and Dotball is free to use this material in any manner whatsoever.
- (b) The Platforms may contain information about or hyperlinks to third parties. In such cases, We are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If You rely on any third party Content posted on the Dotball platforms, which does not belong to Dotball, You may do so solely at Your own risk and liability.
- (c) If You visit any third party website through any third party Content posted on the Platforms, You will be subject to terms and conditions applicable to it. We neither control nor are responsible for content on such third party websites. The fact of a link existing on the Platforms to a third party website is not an endorsement of that website by Us.
License Agreement and Intellectual Property
- (a) All Content on the Platforms shall be utilized only for the purpose of availing and accessing the Platforms and in conformity with the Terms.
- (b) You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by Dotball or Our licensors and that You have no right, title or other interest in any such items except as expressly stated in the Terms.
- (c) You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Platforms and for no other purpose whatsoever.
- (d) You shall not sub-license, assign or transfer the license granted to You, or rent or lease or part with the whole or any part of such license or of the Content included in such license.
- (e) You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Platforms in any manner other than as permitted for obtaining access to or using the Platforms.
- (f) You may not hyperlink to any of the Platforms without permission from Us.
- (g) You may access information on, and download and print extracts from the Platforms for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You by downloading and You are expressly prohibited from using such materials for any commercial purpose unless agreed with Us in writing.
User account suspension
Dotball may at its sole and absolute discretion suspend or otherwise put restrictions on Your access to Your Account and to the Platforms during investigation for suspected violation of the Terms or any other abuse of Your Account or suspected breach of security of Your Account.Our decision to suspend or restrict the Dotball Platforms or any part thereof as We deem appropriate shall be final and binding on You.
Breach and consequences
- (a) In the event of breach of any of the Terms being evidenced from Our investigation or if there is reasonable belief, in Our sole discretion, that Your continued access to the Platforms is detrimental to the interests of Dotball, Our other Users or the general public; We may in Our sole discretion take any or all of the following actions:
- Restrict Users suspected of colluding or cheating from the Platforms;
- Permanently suspend and terminate Your Account on the Platforms;
- Demand damages for breach and take appropriate civil action to recover such damages; and/or
- Initiate prosecution for violations that amount to offences in law.
- (b) Additionally, in the event of committing material breach hereof, We reserve the right to bar You from future registration on the Platforms.
- (c) The decision of Dotball on the action to be taken as a consequence of breach shall be final and binding on You.
- (d) Any action taken by Dotball shall be without prejudice to Our other rights and remedies available in law or equity.
Limitation of Liability; Indemnification
- (a) Users shall access and use the Platforms voluntarily and at Their own risk. Dotball shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Platforms (including participation in the Contest(s)) or as a result of acceptance of any prize.
- (b) By accessing and using the Platforms, Users hereby release from and agree to indemnify Dotball, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out of Their access to the Platforms including (but not limited to) personal injury and damage to property whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on Their part, or otherwise.
- (c) Dotball accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to any prizes/winnings.
- (d) In consideration of Dotball allowing Users to access the Platforms, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Dotball, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of access and use of the Platforms or related to the Contests or prizes of the Contests.
- (e) In addition to specific references to limitation of liability of Dotball elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall Dotball be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with Your access to, or use of, or inability to access or use, the Platforms. You further agree to indemnify Us and Our service providers and licensors against any claims in respect of any such matter.
- (f) Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
- the defamatory, undesirable or illegal conduct of any other User of the Platforms;
- any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Platforms;
- any loss incurred in transmitting information from or to Us or from or to Our Platforms by the internet or by other connecting media;
- any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with Your access to the Platforms;
- the accuracy, completeness or currency of any information services provided on the Platforms;
- any delay or failure on Our part to intimate You where We may have concerns about Your activities;
- any delay in the provision of any prize to You pursuant to Your participation in a Contest;
- any warranty or service related issue arising out of or in relation to Your availing or usage of any prize issued to You pursuant to Your participation in a Contest; and
- Your activities / transactions on third party websites accessed through links or advertisements posted on the Platforms.
- (g) Without prejudice to the provisions of these Terms, Dotball’s liability to You, and any person claiming through You pursuant to or in respect of any Contest(s), under law, contract or any other theory of liability, in aggregate, shall be limited to the amount of administrative fees / service fees charged by Dotball in relation to such Contest(s).
- (a) The Platforms and the Content present on it are provided strictly on an "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. Dotball does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Platforms or its Content including software, Your Account, the transactions in Your Account or continued operation or availability of any facility on the Platforms.
- (b) Additionally, Dotball does not promise or ensure that You will be able to access Your Account or obtain access to the Platforms whenever You want. It is entirely possible that You may not be able to access Your Account or the Platforms at times or for extended periods of time due to, but not limited to, system maintenance and updates.
- (c) Dotball disclaims responsibility and liability for any harm resulting from cancellation of any Contest organized by it. If You are playing a paid version of a game on the Platforms, You acknowledge and agree that You will not be entitled to any refund in case of any service outages that may be caused by failures of Our service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Dotball.
- (d) Dotball specifically disclaims any liability in connection with the Contests made available or organized on the Platforms which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such Contest or event.
- (e) Dotball specifically disclaims any liability in connection with Your transactions with third parties, which may have advertisements or are hyperlinked on the Platforms.
- (f) Dotball disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or User content posted on the Platforms. Intellectual property rights in any Content not belonging to Us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
- (g) Dotball specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Platforms.
- (h) Dotball specifically disclaims any liability arising of the conduct or supply of goods or provision of services by its vendors, or any damage or injury arising out of Your usage of such goods or availing of such services. YOU AGREE THAT YOUR USAGE OR EXERCISE OF A PRIZE SHALL BE AT YOUR SOLE RISK.
- (i) Dotball disclaims liability for any risk or loss resulting to You from Your participation in the paid versions of the Contests, including all risk of financial loss.
- (a) To the extent permitted by law, and in consideration for being allowed to participate in the Contests, You hereby agree to indemnify, save and hold harmless and defend Us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that We may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against Us by any person in connection with:
- infringement of their intellectual property rights by Your publication of any Content on the Platforms.
- defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise;
- use, abuse or misuse of Your Account on the Platforms in any manner whatsoever;
- any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with Your access to or use of the Platforms; and
- access of Your Account by any other person accessing the Platforms using Your username or password, whether or not with Your authorization.
- (b) Users shall be solely responsible for any consequences, which may arise due to Their access of the Platforms by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Platforms and Contests. Users also undertake to indemnify Dotball and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Dotball on account of such act on the part of the Users.
- (c) Users shall indemnify, defend, and hold Dotball harmless from any third party/entity/organization claims arising from or related to such User's engagement with Platforms or participation in any Contests. In no event shall Dotball be liable to any User for acts or omissions arising out of or related to User's engagement with the Platforms or his/her participation in any Contests.
Infringement of Copyright and Personality Rights
In good faith, if You have reason to believe that any work copyrighted by You or which embeds Your personality rights or other proprietary interest has been reproduced, embedded, or linked without authorization on the Platform or a Contest, in a manner that constitutes an infringement of Your copyright or Your personality rights, including rights to Your reputation, identity or personal data, or other proprietary interest under Indian law please compile the following information and email to: email@example.com.
- A clear identification of the work allegedly infringed;
- A clear identification of the allegedly infringing material on the Platform (with specific URL reference);
- Your contact details: name, address, e-mail address and phone number;
- A statement that You believe, in good faith, that the use of the allegedly infringing material on the Platformis not authorized by Your agent or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Your signature or the signature of Your authorized agent.
You may contact Us via Our Contact Us tab on the home page dotball.com or write to firstname.lastname@example.org to notify Us of any grievances or concerns that You may have in relation to Our Website, Platforms or Contests or to otherwise provide Us with feedback concerning the same. We may seek additional information concerning Your grievance or feedback, but any such communication from Us shall not be construed as making a commitment, representation or warranty to review, respond to or redress any grievance or feedback provided. You shall not claim or demand any royalty or fees from Us in case We make any changes or update Our Website, Platforms or Contests pursuant to Your feedback.
Governing law, dispute resolution and jurisdiction
- (c) In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
- (d) The place of arbitration shall be Bengaluru.All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- (e) The arbitration award will be final and binding on the Parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
- (f) Nothing contained in these Terms shall prevent Dotball from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Dotball's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Dotball to pursue any remedy for monetary damages through the arbitration described herein.