Terms of Use – Fairplay News
Saturday, August 13, 2022

TERMS AND CONDITIONS 

I. FAIRPLAYNEWS.COM

FairPlay News is a one-stop portal that provides for the dissemination of sporting knowledge by way of news. Thus, mere browsing of the Website must be carried out in line with these Terms and Conditions.

By visiting FairPlay News, hereinafter referred to as “Website”/ “website” for services such as browsing through sports news and participation in contests accessible through the Website, you agree that you have read, understood and have agreed to be bound by these Terms and Conditions, regardless of how you subscribe to or use the services. Your access or use of the Website is subject to the Terms and Conditions as set out herein (“Terms and Conditions”) made available at [*]. “We”, “us”, “our”, “FairPlay” shall mean [*] and/or any of its affiliated entities. For the purpose of these Terms and Conditions, wherever the context so requires, “you” or “your” or “User” or “Participant” shall mean any natural or legal person who has participated in a contest accessible through the Website or a person who has used the Website either through browsing or otherwise. If you do not agree to these terms of use, please refrain from using the Website.

II. USE OF THE WEBSITE

This webpage, including the documents referred, sets out the terms of use in accordance to which you may make use of the website. Please read these terms of use carefully before you start to use the website. By using the website, you indicate that you accept these terms of use, and that you agree to abide by them. 

III. PROHIBITED USE 

As a condition of your use of the Website, you shall not use the Website for any purpose that is unlawful or prohibited under these Terms and Conditions or under any Indian laws, statutes, order, ordinances and regulations. You shall not use the website:

  • In any way that may breach any applicable local, national or international law or regulations;
  • In any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To interfere with, disrupt or create an undue burden on the Website or the networks connected to the Website;
  • To interfere with, damage or disrupt the website, any equipment or network related to the website, any software used in the provision of the website, any equipment/software/network owned or used by any third party. 

IV. COMMENT FEATURES AND CONTENT USE

Whenever you make use of a feature that allows you to upload material to the website, or to make contact with other users of the website, you must comply with the terms and conditions enlisted in this section. You undertake that any such contribution complies with those standards. You do not have a legal claim to the publication of any material uploaded to the website. The website may offer opportunities for you to transmit any content in connection with various features such as comments and replies (“Comment Features“) subject to requirements such as name, email id or website. 

We will do our best to assess any possible risks for users (and in particular, for minors) from third parties when they use any Comment Features provided on the website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Comment Features we provide on the website, and we expressly exclude our liability for any loss or damage arising from the use of any Comment Features by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our Comment Features by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use our Comment Features that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Comment Feature should be made aware of the potential risks to them. 

You must use Comment Features in a responsible manner and are solely responsible for any content you transmit. You must not transmit any comment or reply (“Comment“) in connection with any Comment Feature that:

  • Imposes an unreasonable or disproportionately large load on the website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the website;
  • Is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
  • Promotes violence;
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
  • Violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
  • Breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Contains any information, software or other material of a commercial nature;
  • Contains advertising, promotions or commercial solicitations of any kind;
  • Will be likely to harass, upset, embarrass, alarm or annoy any other person;
  • Constitutes or contains false or misleading indications of origin or statements of fact;
  • Is used to impersonate any person, or to misrepresent your identity or affiliation with any person (including giving the impression that such Comment emanates from Us);
  • Contains material irrelevant to the subject matter of the Comment Feature; or
  • Contains any malicious programs such as virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine.

V. INTELLECTUAL PROPERTY

  • We are the owner or the licensee of all intellectual property rights in the website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved to us and our licensors. As a visitor to our site, you may download a single copy of the material for your own non-commercial, private viewing purposes only. No copying or distribution for any commercial or business use is permitted without our prior written consent.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. In addition, you may not include a link to our website or display the contents of our website surrounded or framed or otherwise surrounded by material not originating from Us without our consent.
  • Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
  • If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • All trademarks used on our website are the property of their respective owners.

VI. LIMITATIONS OF LIABILITY

We, any other party (whether or not involved in creating, producing, maintaining or delivering our site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including, without limitation, negligence), contract or otherwise) in connection with our website in any way or the Message Features or in connection with the use, inability to use or the results of use of our website, any websites linked to our website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our website. This Section does not in any way limit our liability:

  • for gross negligence or willfulness;
  • for death or personal injury caused by our negligence;
  • for fraud or fraudulent misrepresentation; or
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

VII. THIRD PARTY SITES, SERVICES AND PRODUCTS

FairPlay News may contain links to other Internet websites owned and operated by third parties. Users’ use of each of those websites is subject to the conditions, if any, posted by the websites. We do not exercise control over any Internet sites apart from FairPlay and cannot be held responsible for any content residing in any third-party Internet website. FairPlay News’ inclusion of third-party content or links to third-party Internet websites is not an endorsement by FairPlay News of such third-party Internet website.

Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that FairPlay will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

FairPlay News contains content that is created by FairPlay as well as content provided by third parties. FairPlay does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the FairPlay Services provided on FairPlay News including while participating in any of the contests hosted on FairPlay.

VIII. INDEMNITY

You agree to defend, indemnify and hold harmless FairPlay, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any breach of these terms and conditions by you or any other liabilities arising out of your use of the website.

IX. GOVERNING LAW AND JURISDICTION

The Courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, Fairplay News, the FairPlay services provided by FairPlay that may be accessible through Fairplay News (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants/Users) or FairPlay, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.

X. DISPUTE RESOLUTION

The courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the FairPlay Services provided by FairPlay that may be accessible through Fairplay News (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or FairPlay, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.

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.

The seat of arbitration shall be Delhi/ Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. Any arbitration conducted in accordance with this clause shall be presided over by an Arbitral Tribunal consisting of a Sole Arbitrator, who shall be appointed mutually by Fairplay and the user. If parties fail to agree upon a nomination for a Sole Arbitrator, the parties shall approach the courts of law at Delhi/ Mumbai for appointment of Sole Arbitrator, as mandated in the Arbitration and Conciliation Act, 1996.

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.

Nothing contained in these Terms and Conditions shall prevent FairPlay from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard FairPlay’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 FairPlay to pursue any remedy for monetary damages through the arbitration described herein.

XI. BREACH AND CONSEQUENCES

If we have evidence of a breach of our Terms and Conditions through our investigations or reasonable belief that your continued access to our website/app (platform) is deleterious or detrimental to the interests of FairPlay and/or our Users or the general public, then we reserve the right in our sole discretion to take one or all of the actions as mentioned below:

  • Permanent suspension and/or termination of your user account on our platform;
  • Demand and order damages for breach of FairPlay Terms and Conditions and take required civil actions to recover damages;
  • Initiate steps of prosecution for damages and violation that is equivalent to offences in law;

The action taken by us will be solely due to your breach of our Terms and Conditions; the action shall be final and decisive that will be binding on you. Any action taken by us will be without prejudice to our other rights and remedies that are mentioned and available in law or equity.

XII. TERMINATION

We reserve the right, at our discretion, to immediately suspend or terminate your use of website, upon the breach of these Terms and Conditions and/or your access to all or any portion of the Website. 

XIII. FORCE MAJEURE

Neither party to these Terms and Conditions shall be liable for any loss and/or any failure to perform any obligation under these Terms and Conditions due to causes beyond its reasonable anticipation or control including real or potential labor disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident and defect in electricity or telecommunication network, among other events.

Force Majeure and/or another event beyond FairPlay’s control hindering, delaying or complicating the maintenance of the FairPlay News platform, shall entitle FairPlay to suspend or limit the FairPlay News platform until further notice.

XIV. ENTIRE AGREEMENT

The Terms and Conditions, as amended from time to time, constitute the entire agreement between you and FairPlay News. If any provision of these Terms and Conditions is considered unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

XV. ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. FairPlay takes minor’s privacy seriously and encourages parents and/or guardians to play an active role in their children’s online experience at all times.

You also affirm that you are of 18 years or above in the event that you chose to enter or participate in any of the events/competitions/contests accessible through the Fairplay News platform. 

XVI. ASSIGNMENT

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FairPlay without restriction.

XVII. RELATIONSHIP

None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and FairPlay News and you shall have no authority to bind FairPlay in any manner, whatsoever. 

XVIII. VARIATION

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.