Dragoz Terms And Conditions

 
Welcome to Dragoz Sports Fantasy, featuring with multiple live coverage of Sports Fantasy matches with odds, scoreboard, scorecard, fixtures, player rankings, team rankings, polls news etc., owned and operated Stumps and Bails Inc. (” Stumps and Bails Inc. ” or “Company” or “We”).

1. DEFINITIONS

i) “Act”: It means and include any of the following (as applicable).

    • ‘The Information and Technology Act, 2000’;
    • ‘The Information and Technology (Amendment) Act, 2008’;
    • ‘The Consumer Protection Act, 2019’.

ii) “Rule”: It means and include any of the following (as applicable):

    • The Information Technology (Reasonable Security Practices and Procedures And Sensitive Personal Data or Information) Rules, 2011; or
    • The Consumer Protection (E-Commerce) Rules, 2020.

iii) “Stumps and Bails Inc.”: It shall mean and include Stumps and Bails Inc., its partners, employees, affiliates, key managerial personnel etc.

iv) “Company”: It shall mean and include Stumps and Bails Inc., its partners, employees, affiliates, key managerial personnel etc.

v) “We”: It shall mean and include Stumps and Bails Inc. , its partners, employees, affiliates, key managerial personnel etc.

vi) “Website(s)/Mobile Application(s)”: It shall mean and include all websites and mobile applications available for the User(s) with respect to the operations of Sports Fantasy, owned and managed (directly or indirectly) Stumps and Bails Inc.

vii) “Service(s)”: It means and include the various services offered by Stumps and Bails Inc. to all its User(s) through the Website(s)/Mobile Application(s) of Sports Fantasy Matches.

viii) “User(s)”: It shall mean and include all potential users, subscribers, consumers, registered or unregistered, natural, or legal person, who access, subscribe or register to our Website(s)/Mobile Application(s) of Sports

ix) “Materials”: It means and includes all information, materials, functions, texts, logos, designs, graphics, images, sounds, software, documents, products and services provided by Stumps and Bails Inc. on our website(s)/Mobile Application(s) of Sports

x) “Public Forum”: It means and include a chat portal for the users etc. to post or upload comments, feedback, data, links, videos, audios, graphics, images, messages, and other material available in certain sections or pages of the Website(s)/Mobile Application(s) of Sports

xi)”User(s) Content“: It means and includes all or any comments, feedback, data, links, videos, audios, graphics, images, messages and any other materials uploaded by the Users of the said website(s)/Mobile Application(s) of Sports

xii) “Terms of Use”: It shall mean and include all terms and conditions incorporated into this agreement including any updates, modification done from time to time, and published in our Website(s)/Mobile Application(s) of Sports

xiii) “Privacy Policy”: It shall mean and include all terms and conditions incorporated into a document published and available in our Website(s)/Mobile Application(s) of Sports Fantasy under the heading called as ‘Privacy Policy’.

xiv) “User(s) Agreement”: It refers to mean and include both documents i.e. the Terms of Use and the Privacy Policy, as published in our website(s)/Mobile Application(s) of Sports

2. INTRODUCTION

This user agreement (“Terms of Use“) is an electronic record in terms of Information Technology Act, 2000 (“Act“) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This Terms of Use is generated by a computer system and does not require any physical or digital signatures.

This Terms of Use govern your use of our Website(s)/Mobile Application(s) of Sports Fantasy, Materials, Our Content and the services offered by Sports Fantasy upon the said Website(s)/Mobile Application(s) (“Service(s)”).

For the purpose of this Terms of Use, wherever the context so require, User(s) shall mean any natural or legal person who has agreed to become a member of our Website(s)/Mobile Application(s) of Sports Fantasy by voluntarily registering on it as a registered user or otherwise browses/visits our Website(s)/Mobile Application(s) of Sports Fantasy without taking registration or subscription of any kind as available during the relevant time. Your access or use of the said Website(s)/Mobile Application(s) is subject to the terms and conditions of use as set out herein under this Terms of Use and the Privacy Policy made available at our Website(s)/Mobile Application(s) of Sports Fantasy.

Please note that by accessing or using the said Website(s)/Mobile Application(s), the User(s) voluntarily agree to be bound by this Terms of Use and, this Terms of Use is a legally binding agreement between the User(s) and Stumps and Bails Inc.

3. USER(S) REGISTRATION

User(s) may use our website(s)/Mobile Application(s) of Sports Fantasy without registration. However, in order to personalize your experience with Sports Fantasy, User(s) may create an account, or you can login through your Google account or Mobile Number, as per the functionality made available on our website(s)/Mobile Application(s) of Sports Fantasy during the relevant time.

User(s) further undertake and agree to:

  • provide true, accurate, correct and complete information as prompted by the applicable registration form made available at our website(s)/Mobile Application(s) of Sports
  • maintain and update the true, accurate, correct and complete information provided by you during the registration process at our website(s)/Mobile Application(s) of Sports

You may be required to choose a password and user name. You are solely responsible for maintaining the confidentiality of your password/user name and the created account.

If at any time, Stumps and Bails Inc. believe that in case the account and password of any User(s) is being misused in any manner, or that the information provided by such User(s) during the registration process is not true, inaccurate or incomplete, then Stumps and Bails Inc. reserves the right to cancel your account and block your access to all platforms of our Website(s)/Mobile Application(s) of Sports Fantasy.

User(s) are entirely responsible for any and all activities that occur under their account. User(s) also agree to notify with us regarding any prior use or any unauthorized use of their account or any breach of security. Further, We shall not be liable for any loss of User(s) that may incur as a result of someone else using its password or account or User(s) itself failure to comply with this section.

4. USE OF OUR WEBSITE(S)/MOBILE APPLICATION(S) OF SPORTS FANTASY

Materials provided on our website(s)/Mobile Application(s) of Sports Fantasy, including but not limited to all information, materials, functions, texts, logos, designs, graphics, images, sounds, software, documents, products and services (“Materials“), and the selection, arrangement and display thereof, may be the copyrighted works of Stumps and Bails Inc. or its vendors or third party service providers. All Materials herein and all software are owned by Stumps and Bails Inc. its partners and protected by worldwide copyright and other intellectual property laws as applicable. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Stumps and Bails Inc..

We hereby grant all our User(s) the right to access and use our Website(s)/Mobile Application(s) of Sports Fantasy only for their personal and non-commercial use. User(s) may not use it for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

User(s) may post or share any links, images, texts and/or contents from our website(s)/Mobile Application(s) of Sports Fantasy to social platforms like Facebook, Twitter, Google+, WhatsApp, etc., with appropriate link-back to the original source

Our Website(s)/Mobile Application(s) of Sports Fantasy including the Materials are made available for public use in general and for non-commercial usage only. The intellectual property (if any) available in our Website(s)/Mobile Application(s) of Sports Fantasy, including the Materials, are solely owned by  Stumps and Bails Inc. its partners.

In respect of the contents available within our Website(s)/Mobile Application(s) of Sports Fantasy, including the Materials, all User(s) have to:

  • Keep intact all copyright and other proprietary notices;
  • Make no modifications to, and do not rent, lease, loan, sell, distribute, copy or create any derivative works based upon the work of Stumps and Bails Inc. or the Materials created/developed/ideated by Stumps and Bails Inc., in whole or in part;
  • Not transfer any Materials or software or any part thereof to any other computer or mobile device;
  • Restrain from any commercial or business use of Sports Fantasy or any Materials including the software etc. as the same is expressly prohibited by Stumps and Bails Inc.; and
  • Ensure that none of the all or any functionalities, features etc. available at our Website(s)/Mobile Application(s) of Sports Fantasy are replicated or reproduced by our User(s) or by any third person at cany other different website, mobile application or any other platform.

Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right in respect of any patent, trademark or copyright of Sports Fantasy upon any person.

User(s) acknowledge and agree that nothing in this Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or any other proprietary rights available with our Website(s)/Mobile Application(s) of Sports Fantasy, other Materials or any part thereof to them or any other third party.

5. PROHIBITED USE

As a condition of use of our Website(s)/Mobile Application(s) of Sports Fantasy by the User(s), they will not use it for any purpose that is unlawful or prohibited by these Terms of Use or by any domestic or international laws, statutes, ordinances and regulations. It is clarified that the use of our Website(s)/Mobile Application(s) of Sports Fantasy by the User(s) is the sole responsibility of the User(s) itself only.

You shall not display, upload, modify, publish, transmit, update or share any information into our Website(s)/Mobile Application(s) of Sports Fantasy, that –

  • belongs to another person and to which you do not have any right;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
  • involves the transmission of “junk mail”, “chain letters”, “unsolicited mass mailing”, “spamming” or “unsolicited commercial advertisement”;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our resources/contents in general;

6. USE OF PUBLIC FORUM

Certain sections or pages of the Website(s)/Mobile Application(s) of Sports Fantasy may contain a provision such as chat portal for users etc. (hereinafter referred to as the “Public Forum“) for the users to post or upload comments, feedback, data, links, videos, audios, graphics, images, messages and other material (“User Content“). Through the Public Forum, any User(s) can communicate with our other users of the Website(s)/Mobile Application(s) of Sports Fantasy.

User(s) are solely and entirely responsible regarding all their User Content that they upload, post, email, transmit or otherwise make available the same upon the Public Forum. User(s) fully understand and acknowledge that such User Content can be viewed by other users globally and therefore User(s) shall exercise due care to ensure that such User Content does not offend or abuse other users of our Website(s)/Mobile Application(s) of Sports Fantasy.

Sports Fantasy does not control the User Content posted on the Public Forum and, as such, does not guarantee the accuracy, integrity or quality of such User Content. User(s) understand that by using our Website(s)/Mobile Application(s) of Sports Fantasy, they may be exposed to User Content that is offensive, indecent or objectionable.

Under no circumstances, Sports Fantasy will be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on our Website(s)/Mobile Application(s) of Sports Fantasy.

When our User(s) post or upload their User Content on our Website(s)/Mobile Application(s), they grant Sports Fantasy (and its licensees, distributors, agents, representatives and other authorized persons) the irrevocable rights in perpetual, royalty-free, non-exclusive and a license to reproduce, prepare derivative works based upon such User Content, and to distribute, perform or display such User Content, in whole or in part, in any form, on any media or technology known or hereafter developed.

User Content posted by our User(s) shall be subject to the relevant laws and may be disabled, or/and may be subject to investigation under the appropriate laws. User(s) agree that Sports Fantasy may disclose or preserve User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  • comply with legal process.
  • respond to claims that any User Content violates the rights of third-parties; or
  • protect the rights, property, or personal safety of Sports Fantasy and the public.

Furthermore, if any User(s) are found to be in non-compliance with the laws and regulations, these Terms of Use, or the Privacy Policy of our Website(s)/Mobile Application(s) of Sports Fantasy, may terminate his/her account/block the access and, also further reserve the right to remove any of such User Content that is non-compliant with our policies in general.

User(s) agree that Sports Fantasy has no liability or responsibility for the storage or deletion of any User Content and reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice to its User(s).

7. COPYRIGHT AND TRADEMARKS

Unless otherwise stated, copyright and all intellectual property rights in all Materials on our Website(s)/Mobile Application(s) of Sports Fantasy [including but not limited to text, audio, video or graphical images, or technology, the look and feel of the website/mobile application, trademarks and logos appearing on our Website(s)/Mobile Application(s) of Sports Fantasy] may be the property of Sports Fantasy and may be owned and controlled by us or by other parties that have licensed their material to us. Materials on our Website(s)/Mobile Application(s) are solely for your personal, non-commercial use. Some content used on our Website(s)/Mobile Application(s) of Sports Fantasy may be taken from public domain and displayed herein. User(s) are bound to respect the respective intellectual property rights that may subsist in such Materials made available on our Website(s)/Mobile Application(s). User(s) must not copy, reproduce, republish, upload, post, transmit or distribute the Materials in any way, including by e-mail or other electronic means and whether directly or indirectly and must not assist any other person to do so. Without the prior written consent of the owner, modification of the Materials, use of the Materials on any other website or networked computer environment or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is strictly prohibited. Any use for which the User(s) receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. User(s) agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Sports Fantasy or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on our Website(s)/Mobile Application(s) of Sports Fantasy, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent as permitted by the appropriate laws.

8. LINKS

We may establish, on our Website(s)/Mobile Application(s) of Sports Fantasy, a hypertext link(s) to a third party website from time to time. Such link(s) are provided for information and convenience for our User(s) and does not state or imply any sponsorship or endorsement of third-party website. Sports Fantasy has no control over such third party website and use of such third party website or any offsite dealings with such third parties by User(s) is at their own risk and responsibility.

9. ADVERTISING MATERIAL

Some part or portion of our Website(s)/Mobile Application(s) of Sports Fantasy may contain advertising information or promotion material or other material submitted to us by third parties. Responsibility for ensuring that the material submitted for inclusion on our Website(s)/Mobile Application(s) of Sports Fantasy complies with applicable laws is exclusively on the party providing the information/material. User(s) correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User(s) and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Website(s)/Mobile Application(s) of Sports Fantasy. We reserve the right to omit, suspend or change the position of any advertising material submitted for insertion.

We do not guarantee or give any kind of assurance to all or any of the User(s) doing anything in furtherance to or relying upon such advertising materials of third-party advertisers.

It is expressly clarified that any sponsored content of any goods/service/activity (expressly displayed at respective portions on our website(s)/Mobile Application(s) of Sports Fantasy) displayed are not solicited by Sports Fantasy and it should not be deemed as a promotion made at the behest of Sports Fantasy.

10. INDEMNITY

User(s) agree to indemnify, defend and hold Company, its officers, directors, employees, affiliates or representatives harmless from any claim or action (including legal expenses) arising out of your use of our Website(s)/Mobile Application(s) of Sports Fantasy, your breach of the Terms of Use, Privacy Policy and violation of any third party intellectual property rights or privacy in any way.

11. CHANGES OF TERMS OF USE

We reserve our right to modify these Terms of Use and the Privacy Policy at any time, at our sole discretion. Any changes to Terms of Use or the Privacy Policy will be posted on our Website(s)/Mobile Application(s) of Sports Fantasy and your continued use of the same following a posting of such change is your agreement to all such changes made & updated and, all User(s) are bound by the then-current version of these Terms of Use or the Privacy Policy inserted upon our Website(s)/Mobile Application(s) of Sports Fantasy. If any changes to these Terms of Use or the Privacy Policy are unacceptable to you, you must discontinue using our Website(s)/Mobile Application(s) of Sports Fantasy. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our Website(s)/Mobile Application(s) of Sports Fantasy, including for any violation of any provision of these Terms of Use and/or the Privacy Policy. We also reserve the right to change our Website(s)/Mobile Application(s) of Sports Fantasy without any prior notice to the User(s), at any time.

12. RELATIONSHIP

None of the provisions of the Terms of Use and the Privacy Policy shall be deemed to constitute a partnership or agency between the User(s) and  Sports Fantasy shall have no authority to bind Sports Fantasy in any manner, whatsoever. If the User(s) are registering on our Website(s)/Mobile Application(s) of Sports Fantasy as a business entity, you represent that you have the authority to bind your entity with all terms of this Terms of Use and the Privacy Policy of our Website(s)/Mobile Application(s) of Sports Fantasy.

13. TERMINATION

We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration/subscription, the Terms of Use, and/or your access to all or a portion of our Website(s)/Mobile Application(s) of Sports Fantasy and/or remove any registration information or User Content from our Website(s)/Mobile Application(s) of Sports Fantasy, for any reason. Upon termination or expiration of the Terms of Use or of your registration/subscription, your obligations and Sports Fantasy’s rights and disclaimers survive, but your right to use our Website(s)/Mobile Application(s) of Sports Fantasy immediately ceases. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement.

14. MISCELLANEOUS

  • These Terms of Use contain the entire understanding between User(s) and Sports Fantasy and supersedes all prior understanding between the User(s) and Sports Fantasy in respect of the User(s)’s access and/or use of the Service.
  • If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
  • User(s) confirm that their representations, warranties, undertakings and covenants, and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms of Use and the Privacy Policy of our Website(s)/Mobile Application(s) of Sports Fantasy.
  • Any express waiver or failure to exercise promptly any right under these Terms of Use and the Privacy Policy of our Website(s)/Mobile Application(s) of Sports Fantasy will not create a continuing waiver or any expectation of non-enforcement.
  • User(s) agree that Sports Fantasy shall be under no liability whatsoever to its User(s) in the event of non-availability of the Service or any portion thereof occasioned by Act of God, pandemic, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, service maintenance, server maintenance, or any other cause whatsoever beyond the control of Sports Fantasy.
  • Unless otherwise specified, the Service is presented solely for the purpose of entertainment and promoting programs. Sports Fantasy makes no representation that the Service is appropriate or available for use in locations other than India. Those who choose to access the Service from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with the relevant applicable local laws.
  • The Privacy Policy (as also provided in our Website(s)/Mobile Application(s) of Sports Fantasy), and any other documents, instructions, etc. included on our Website(s)/Mobile Application(s) of Sports Fantasy shall be read into this and shall be a part of these Terms of Use. The Privacy Policy shall form an integral part of the Terms of Use and both these documents constitute the User(s) Agreement and a legally binding contract between Sports Fantasy and the User(s).
  • These Terms of Use shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Hyderabad, Telangana (India), without giving effect to any principles of conflicts of law.