LAST REVISION: December 13, 2021
The information and materials provided on or through the Mobile Applications, including without limitation, any content, data, text, pictures, graphics, audio, video, icons, surveys, software, and updates for use on or through the Mobile Applications, links, and other content, features and services available on or through the Mobile Applications (collectively, the “Materials”) are provided for entertainment purposes only.
3. Limited License:
The Mobile Applications are provided for entertainment purposes, and unless otherwise specified on or in the Mobile Applications, solely for your own personal use. SPORTEMON GO hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Mobile Applications for your own non-commercial entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Mobile Applications. Except as expressly provided in the Terms, SPORTEMON GO does not grant you any other express or implied rights or licenses in or to the Mobile Applications or the Materials, and all right, title and interest that SPORTEMON GO has in the Mobile Applications and Materials are retained by SPORTEMON GO, even after installation or download on your computers, mobile phones, tablets, and/or other devices.
Except as lawfully allowed or expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, any of the Mobile Applications or Materials without SPORTEMON GO’s express prior written permission.
You acknowledge that the Mobile Applications are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by SPORTEMON GO, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto, and that these rights are valid and protected in all media existing now or later developed and under USAn and foreign laws. The Mobile Applications and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of SPORTEMON GO. The trademarks, trade names, trade dress, logos, and service marks displayed on the Mobile Applications, are the trademarks of SPORTEMON GO or its licensors, clients and vendors and/or other third parties. Nothing contained on or in the Mobile Applications should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the SPORTEMON GO marks, logos or trade dress without the express written permission of SPORTEMON GO or the third-party owner of any such mark, logo or trade dress. Misuse of any mark, logo or trade dress is prohibited. You acknowledge that you do not acquire any ownership rights in or to any of SPORTEMON GO’ or its licensor’s Intellectual Property by virtue of your access or use of the Mobile Applications.
You may not circumvent or disable any content protection features used on the Mobile Applications and must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of the Terms.
5. Code of Conduct:
While using any of the Mobile Applications and/or Materials, you agree to follow the standards set forth below (the “Codes”), and you agree not to:
(i) Create a false identity or impersonate any person;
(ii) Engage in any activity that is false, intentionally misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, rude, defamatory, hateful, vulgar, inciteful, racist, illicit, illegal or otherwise objectionable;
(iii) Make available any material non-public information about any person, entity or SPORTEMON GO without the express authorization to do so;
(iv) Make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, or communication;
(v) Institute an attack upon any server used in connection with the Mobile Applications or any portion thereof or otherwise attempt to disrupt such servers;
(vi) Make available any material regarding hacking, cracking, exploiting, or otherwise making improper use of the Mobile Applications;
(vii) Attempt to or actually restrict or inhibit any other user from using and enjoying the Mobile Applications;
(viii) Use any robot (bot), spider, scraper or other unauthorized or automated means to modify, use or access the Mobile Applications, or any portion thereof;
(ix) Send, post or transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of an intentionally destructive nature;
(x) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Mobile Applications or the Materials;
(xi) “Frame” or “mirror” any part of the Mobile Applications without SPORTEMON GO’ prior written authorization;
(xii) Attempt to obtain any private information from any other user of the Mobile Applications, including without limitation, the collection personal information about others, such as email addresses or geo-locations;
(xiii) Harvest or collect any information about users of the Mobile Applications;
(xiv) Use the Mobile Applications in any manner that violates any applicable laws or regulations or is prohibited by these Terms; and/or
(xv) Assist or permit any persons in engaging in any of the activities described in this listing of the Codes.
While using the Mobile Applications and the Materials, you agree to comply with these and all Codes, as well as all applicable laws, rules and regulations. SPORTEMON GO has the sole discretion to delete, suspend, terminate or block your access to the Mobile Applications, with or without prior notification to you, for any violation of the Terms, including any of the Codes.
6. Third Party Sites/Services:
The Mobile Applications may include links to other websites, apps or services solely as a convenience to you (collectively, the “Linked Sites”). The inclusion of any Linked Site does not imply endorsement by SPORTEMON GO or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites is not under the control of SPORTEMON GO. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that SPORTEMON GO is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site.
Any dealings with third parties, such as advertisers, counted in within or on the Mobile Applications, including the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. SPORTEMON GO is neither responsible nor liable for any part of such dealings with any third parties.
7. Right to Modify:
SPORTEMON GO reserves the right, at any time, to modify, suspend, or discontinue the Mobile Applications, and/or any part or parts thereof with or without notice, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, or feature of the Mobile Applications, the hours that the Mobile Applications are available, or any fees or charges in connection with the use of the Mobile Applications. You agree that SPORTEMON GO will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
8. Use & Access:
YOU MUST BE AT LEAST 13 YEARS OF AGE TO (a) USE THE MOBILE APPLICATIONS, (b) USE anything accessible or available on or through the MOBILE APPLICATIONS, OR (c) TRANSMIT/SUBMIT/POST ANY PERSONAL INFORMATION OR ANYTHING ON THE MOBILE APPLICATIONS. By accessing, using and/or submitting information to or through any of the Mobile Applications, you agree and represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.
AGES 13-18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS AND USE OF THE MOBILE APPLICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE MOBILE APPLICATIONS AND/OR ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE MOBILE APPLICATIONS.
From time to time SPORTEMON GO may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) through the Mobile Applications. Participation in any Promotion is subject to the Official Rules governing that Promotion. SPORTEMON GO may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless explicitly superseded by Promotion-specific rules. If you choose to participate in a Promotion, SPORTEMON GO may collect your personal information, such as your name, address, age, telephone number, e-mail address or other contact information. In addition, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in SPORTEMON GO’s marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that SPORTEMON GO is not responsible for such third parties’ actions or inactions with respect to such Promotions.
11. Jurisdictional Issues:
Regardless of the language used thereon, access to and use of the Mobile Applications from any jurisdiction where the content, products or services is illegal is strictly prohibited. SPORTEMON GO makes no representation that Mobile Applications are appropriate or available for use in any jurisdictions outside USA and those who choose to access or use any of the Mobile Applications from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, e-mail, or privacy. SPORTEMON GO reserves the right to limit the availability and quantity, if applicable, of the Mobile Applications, any Promotion, or any other product or service provided by SPORTEMON GO, to any person, geographic area or jurisdiction, at any time and in SPORTEMON GO’ sole discretion.
12. Unsolicited User Ideas:
SPORTEMON GO does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Mobile Applications or to SPORTEMON GO that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and need not be treated as such. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to SPORTEMON GO, including any concepts, know-how or ideas, you hereby transfer all rights in such User Ideas to SPORTEMON GO (and its successor’s), without payment or accounting to you or others. SPORTEMON GO is not obligated to review, evaluate, publish, or use any User Idea.
Your right to access and use the Mobile Applications will remain effective until terminated in accordance with the Terms. SPORTEMON GO may delete, suspend, terminate or block your access to the Mobile Applications (all, a “termination”), with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation or suspected violation of the Terms. For example, your access may be blocked without warning if SPORTEMON GO believes, in its sole discretion, that you are under 13 years of age or if you provide any information that is false or infringing on the right of another. Upon termination, your right to access and use the Mobile Applications and Materials will immediately cease. In addition to its termination rights, SPORTEMON GO also reserves the right to refuse service to anyone and to remove any content for any reason whatsoever in its sole discretion.
If SPORTEMON GO terminates and thereby causes your license to be revoked, you agree that SPORTEMON GO will not have any liability to you for any time spent by you accessing or using the Mobile Applications, or for any other reason whatsoever. All provisions of the Terms that may reasonably be construed as surviving the termination of the Terms will survive any termination of the Terms.
THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE MOBILE APPLICATIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPORTEMON GO AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SPORTEMON GO AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE MOBILE APPLICATIONS, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APPLICATIONS (OR ANY PART THEREOF), THE SERVER(S) ON WHICH THE MOBILE APPLICATIONS ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE MOBILE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF SPORTEMON GO OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE MOBILE APPLICATIONS, IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOUR USE OF THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE MOBILE APPLICATIONS, ARE ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability:
You agree to indemnify, defend and hold harmless SPORTEMON GO, its parents, subsidiaries, affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any information you submit to SPORTEMON GO or transmit to the Mobile Applications infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation of the Terms, including the Codes, or any applicable laws or regulations; (c) your access to and use of the Mobile Applications or the Materials; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to the Mobile Applications or SPORTEMON GO; and/or (e) any claim that one of your User Ideas caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
The Mobile Applications are provided by SPORTEMON GO. If you have any questions, comments or complaints regarding the Terms, the Mobile Applications or the Materials, please feel free to contact SPORTEMON GO at: [email protected] (with the subject line “Questions, Comments or Complaints”).
18. System Outages:
SPORTEMON GO and its third-party providers periodically schedule system downtime for the Mobile Applications and the systems they are hosted on for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that SPORTEMON GO has no responsibility and is not liable for: (a) the unavailability of the Mobile Applications or Materials; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Mobile Applications or Materials, any Internet service providers, or any Internet facility or network.
19. Dispute Resolution:
The Terms are governed by and construed in accordance with the laws of USA, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. You agree that the courts of Mumbai shall have the right to determine and decide any dispute which arises under these Terms.
You explicitly agree that any claims or actions that you may otherwise have against SPORTEMON GO under the laws of any jurisdiction other than in USA are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in USA according to the terms of this Section 19.
20. Mobile Terms:
To use the Mobile Application, you must have a wireless mobile device with cellular or wireless service (with SMS (text messaging) capability) through a participating mobile service provider. You can subscribe to receive, from time to time, text messages from SPORTEMON GO. Any subscription SMS will include instructions for unsubscribing, which may vary depending on how you obtain access to the Mobile Applications. You agree that you are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Mobile Applications. Please contact your mobile service provider for pricing and details. SPORTEMON GO is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages.
If you are accessing the Mobile Application through an app on an Apple iOS device (an “iOS Application”), (a) SPORTEMON GO grants you a non-transferable license to use the iOS Application on any iPad, iPhone or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these Terms are expressly between you and SPORTEMON GO only, and not with Apple, and SPORTEMON GO, not Apple, is solely responsible for the Mobile Application and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application, (d) in the event of any failure of the iOS Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Application to you, if any; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SPORTEMON GO’s sole responsibility; (e) SPORTEMON GO, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS Application or your possession and/or use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property right, SPORTEMON GO not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim; and (g) if you use an iOS Application, then Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
If you are accessing the Mobile Application through an Android device, Google may, at any time and without notice, restrict, interrupt, or prevent use of the Mobile Applications, or delete the Mobile Applications from your Android device(s), or require SPORTEMON GO to do any of the foregoing, without entitling you to any refund, credit, or other compensation from SPORTEMON GO or any third party (including, but not limited to, Google or your network connectivity provider). Further, (a) SPORTEMON GO, and not Google, is solely responsible for the Mobile Application and the license granted herein; Google has no obligation to provide maintenance and support for the Mobile Application; (c) the Google Play marketplace is owned and operated by Google Inc., and your use of Google Play is governed by legal agreements between you and Google, not SPORTEMON GO; and (d) Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by you or any third party for allegations relating to the Mobile Application, or your possession and/or use of the Mobile Application, including but not limited to: (i) consumer protection or similar legislation; (ii) any failure of the Mobile Application to comply with applicable legal or regulatory requirements; or (iii) infringement of third party intellectual property rights.
All notices required or permitted to be given under the Terms must be in writing and shall be given by personal delivery, registered or certified mail, or a recognized courier service which regularly tracks its packages, to SPORTEMON GO at 85 Maker Chambers III, 223 Nariman Point, Mumbai, Maharashtra- 400021 and if to you, to the e-mail and/or postal address which you have provided to SPORTEMON GO via any other section of the Mobile Applications or via email or regular mail. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by courier or e-mail, on the second business day after deposit with the service. You may not send any notices under this Section to SPORTEMON GO via e-mail.
If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and SPORTEMON GO relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with SPORTEMON GO’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. SPORTEMON GO’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of SPORTEMON GO’s right to comply with governmental, court, and law enforcement requests or requirements relating to your access and/or use of the Mobile Applications or the Materials, or information provided to or gathered by SPORTEMON GO with respect to such access and/or use. A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms and any other SPORTEMON GO policies must be written in the English language.