END USER LICENSE AGREEMENT

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (hereinafter referred to as “License”, for the sake of brevity), FOR THE GAME OF SKILL YOU DOWNLOADED, CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR USING THE “SUPER6” MOBILE APPLICATION (hereinafter referred to as “Application”, for the sake of brevity) ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR INSTALLING OR USING THE APPLICATION, YOU ARE ENTERING INTO A VALID CONTRACT AND AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS LICENSE. YOU AGREE TO ABIDE BY THE INTELLECTUAL PROPERTY LAWS AND ALL THE TERMS AND CONDITIONS OF THIS LICENSE

YOUR USE OF THE APPLICATION INDICATES YOUR ACCEPTANCE OF THIS LICENSE AND WARRANTY AS WELL AS THE PRIVACY POLICY AND FAIR GAME POLICY ALONG WITH TERMS OF SERVICE AGREEMENT AT ALL TIME.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLICATION.

This License governs your use of the Application for the game of skill with real money winnings, software, its associated upgrades, patches, and updates and related services currently provided or which will be provided by “SUPER6 FANTASY SPORTS PRIVATE LIMITED” (hereinafter referred to as the “Company”, for the sake of brevity) in future. This license is hereby generated by the computer system and thus, does not require any physical or digital signature/s.

This License forms a legally binding contract between you and the Company. You hereby agree that by accepting this License, you are willing to enter into a contract with the Company, having its principal place of business at “C – 1008, Rajyash Rise, Near Vishal Hotel, Near APMC Market, Vasna, Ahmedabad – 380 007, Gujarat, Republic of India”. You hereby further agree that your residence / commercial address shall be the address as has been furnished, by you, at the time of registration with the Company.

This Application is a platform for the game of CRICKET PREDICTION in a live cricket match, which is a game of skill, as well as a platform for communication that offers the possibility, by involving your skill, of making the real money on the Internet in Republic of India. Users may participate in each over of the match or in different overs of the match or in only one over of the whole match, as per his own choice and convenience, and win real money subject to the successful prediction of each ball in an over in the live cricket match and to the total points earned based on successful prediction in the said pool of over (NOTE: 1 OVER = 1 POOL). The top three users with maximum earned points, in each pool, shall be declared winners of the pool.

This License sets out the basis on which the Company makes the Application available to you and the terms on which you may use them. The Company’s Privacy Policy, which can be found on the Application, accompanying this License, forms an integral part of this License.

This License shall co-exist with, and shall not supersede, the Terms of Service Agreement. In case any of the provisions of this License conflict with the provisions of the Terms of Service Agreement, the provisions of the Terms of Service Agreement shall prevail to the extent of such conflict.

1. GENERAL
  • That the Application is licensed, not sold, to you by the Company for use strictly in accordance with the terms and conditions of this License. The term “Application” shall refer to and consist of the following:
    • the mobile software application accompanying this License, including, but not limited to, any software code, scripts, interfaces, graphics, artwork, displays, titles, themes, objects, characters, text, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio- visual effects, methods of operation, musical composition, documentation, trademarks, and other components;
    • any updates, modifications or enhancements to the items listed in sub-clause (a)(i); and
    • any specific website the Application directs you to via any browser located on any mobile device.
  • That this Application is licensed, to you, with or without any account creation deposits at the discretion of the Company, for utilizing the service/s provided by the Company for the game of skill as listed under the Application. However, the Company shall never ask for the deposits for the Application or its services without making it very clear to you exactly what you are paying for. A registered member who creates the account with the Application shall be referred to as the “you” and / or the “user” and / or “player” in this License.
  • That the Application distinguishes between different categories of pool based upon the participation amount. Each pool shall consist of maximum 200,000 users. Users who enter the game shall be able to participate interchangeably with other users in any category of pool and with regard to the amount designated to the pool, and shall be entitled to win and receive real money based upon his skill of successful prediction as against the other user/s.
  • That the Company shall have the right to refuse or terminate the License, at any time, with any user if the Company has reasons to believe that i) the usage by a user does not satisfy the terms and conditions, rules and policies as inculcated under the “Terms of Service Agreement” and / or “Privacy Policy” and / or this License in accordance with the Company’s instructions; and / or ii) the online transaction violates any law, rules, or regulations or subjects the Company to any liability of whatsoever nature.
  • That the Company is committed to ensure that the Application is user friendly and as useful and efficient as possible and the Company reserves the right to make any changes to the Application, at any time and for any reason.
2. ELIGIBILITY AND REGISTRATION
  • Age: That you may use or access the Application only if you are 18 years or older, and are capable of forming a binding contract with the Company, and are not barred from using the Application under the applicable law. If you are under 18 years old, you must obtain the consent of your parent or legal guardian and your parent or legal guardian must agree to this License for themselves and on your behalf in order for you to access the Application or play the game on this Application. You shall not be permitted to access this Application or play the game on this Application without such consent and agreement.
  • Account Creation: That in order to access this Application and in order to play the game on this Application, you shall be required to create an in-game account. You may be able to create your game account using an existing account, which you may have with the Company, if any, or your e-mail address. You acknowledge and agree that the Company shall access your certain personal information such as your e-mail address and name for the creation of your game account. The in-game account shall enable you to access your game points in the participated pool, which shall determine your possibility to win real money if you emerge out as one of the “top three” highest points winners by utilizing your skill of successful prediction vis-à-vis the other users in that pool. The in-game account shall be created without incurring any expenses but you shall be required to deposit money in the wallet assigned to your in-game account if you wish to participate in any pool to play this game of skill with real money winnings. You shall be awarded winning points / bonus points upon each correct prediction of every delivery of the pool / over with that of the live cricket match, which would be reflected in your in-game account in the Application. The in-game account shall have the sole purpose of allowing the user to access the winning points / bonus points earned in the participated pools during a live cricket match and to access the previous track of successful prediction in the same live cricket match as well as to keep a track of total real money winnings by a user. You acknowledge and agree that the winning points / bonus points shall not accrue any right to real money in favor of the user and to any obligation or liability against the Company. The deposited money in the wallet in the in-game account or the participation amount in a particular pool shall only be used to play the game of CRICKET PREDICTION for the real money winnings in the Application and the winning points / bonus points are convertible into real money in accordance with the provisions set forth under Clause 2(d) of this License.
  • That you warrant that you have provided your accurate, complete and up-to-date information, to the Company, for the creation of your in-game account. You acknowledge and agree that if you fail to provide your accurate information to the Company, the Company reserves the right to suspend or terminate your in-game account. You acknowledge and agree that you shall not disclose your in-game account password to anyone and shall notify the Company, immediately, upon any unauthorized use of your in-game account. You acknowledge and agree that you are responsible for any or all activities that occur under your in-game account, whether you know or do not have any information about them.
  • Pool Size, Points and Winnings: That a pool shall be considered of a single over and the users may join each successive pool of the live cricket match as and when it becomes accessible in the Application or random pools subject to its accessibility in the Application or a single pool of the entire live cricket match; as per their choice and convenience. The user may join the pool by making the payment of participation amount designated to each individual pool. A pool shall be consisted of maximum 200,000 users and the users shall be awarded points for the successful prediction on first six deliveries, of the pool, having options as:
    • Runs scored (0 runs to 8 runs) on any individual delivery;
    • Fall of wicket on any individual delivery;
    • Declaration of wide-ball on any individual delivery;
    • Declaration of no-ball on any individual delivery.
  • The users shall be awarded points on each successful prediction as:
  • 3000 points shall be awarded on successful prediction of (8) runs on any delivery;
  • 2000 points shall be awarded on successful prediction of (7) runs on any delivery;
  • 1500 points shall be awarded on successful prediction of wicket on any delivery;
  • 1200 points shall be awarded on successful prediction of no-ball on any delivery;
  • 1000 points shall be awarded on successful prediction of (5) runs on any delivery;
  • 700 points shall be awarded on successful prediction of wide-ball on any delivery;
  • 600 points shall be awarded on successful prediction of (6) runs on any delivery;
  • 500 points shall be awarded on successful prediction of (3) runs on any delivery;
  • 400 points shall be awarded on successful prediction of (4) runs on any delivery;
  • 200 points shall be awarded on successful prediction of (2) runs on any delivery;
  • 50 points shall be awarded on successful prediction of (1) run and (0) run on any delivery.
  • The users shall also be awarded bonus points on each successful prediction as:
    • 3000 bonus points shall be awarded on successful prediction of all the six deliveries of the pool;
    • 1500 bonus points shall be awarded on successful prediction of 5 deliveries out of the six deliveries of the pool;
    • 500 bonus points shall be awarded on successful prediction of 4 deliveries out of the six deliveries of the pool.
  • The Company shall declare three winners of each individual pool on the basis of the maximum points, inclusive of the bonus points, earned; at the end of the live cricket match. The consolidated winning amount shall be the accumulated participation amount, paid by the users, at the time of joining of each individual pool. The First Winner shall be awarded with 35% of the accumulated participation amount, Second Winner shall be awarded with 25% of the accumulated participation amount and the Third Winner shall be awarded with 12% of the accumulated participation amount, whereas the Company shall retain 28% of the accumulated participation amount with itself as Service Charge.
  • Payment of the real money, to the winner / user, shall be made through a bank transfer or other mode of payment at the request of the user and to the credit of the bank account as provided by the user. The Company is not obliged to check the legitimacy of the bank account at the time of making the payment. You acknowledge and agree that the payment shall be made no earlier than forty eight (48) hours after the declaration of winners, by the Company, in the Application.
  • Legitimacy Verification: That the Company is authorized to verify the legitimacy of the user before making any payment, for security reasons. The user, if declared winner, shall be under obligation to present a photocopy of his / her PAN (Permanent Account Number) card along with a copy of any Government approved Identity Card.
  • Closure of the in-game account: That the Company reserves the right to close the in-game account of the user, without the obligation to indicate the reason thereof and at its discretion, where the user has unsubscribed the registration of the Application. With the closure of the in-game account, the License shall be deemed to be terminated in accordance with the provisions of Clause 13 of this License. In such a case, if any unclaimed winning amount stands to the credit of the departing user for want of submission of the requisite documents, the said winning amount shall be considered as being forfeited for the departing user and his next of kin winner would take his place, and so on, for the said respective pool.
3. PARTICIPATION AMOUNT
  • That with the participation in any pool or in multiple pools simultaneously, as the case may be, the user shall be required to make payment of the participation amount designated to the said respective pool. The participation amount of each respective pool may vary and be shown to the user before taking part in such pool. If there is not enough balance in the wallet assigned to the in-game account of the user, the user shall not be allowed to participate in the pool and may be asked to top-up the wallet before joining the pool and before proceeding with the game of prediction. Further, the Company reserves the right to set the limit of participation amount involving for each individual pool in advance.
  • Winning Amount: That the winning amounts to be awarded in each pool shall be decided on the basis of the accumulated participation amount for the said pool, which shall be shown to the users at the time of closure of the pool.
  • Live Match Interruption: That the Company shall notify the users outrightly in case the live cricket match is interrupted due to rains or any other natural calamity. In such a situation, the points / bonus points shall be awarded till the last completed pool before the live match interruption and the winners shall be declared accordingly. When the live cricket match resumes, the game of prediction shall re-open for the remaining pools with intact six deliveries. In case the user has made payment for the suspended pool, the Company shall immediately refund the participation amount into the wallet assigned to the in-game account of the user.
  • Game Interruption: That the Company shall not be responsible if the game of prediction is interrupted prematurely due to a technical failure or server related issues. In such a case, the subject pool shall be deemed to have ended which cannot be resumed and thereby, the contributed participation amount shall be refunded into the respective wallet assigned to the in-game accounts of the users / players. However, in the event a user disconnects from the game for any reason whatsoever, he / she shall be disqualified from such particular pool and his / her participation amount shall be forfeited and be distributed in the winnings of the declared winners for the said pool.
  • Participation Limit: That the Company reserves the right to limit the number of participating players in any pool.
4. SERVICE CHARGE
  • That by the act of money deposits in the wallet assigned to the in-game account as well as by making payment of participation amount in the pool, the user declares to provide the right to the Company towards service charge out of the consolidated participation amount in the individual pool as well as distinguished demand for compensation for damages and / or conventional fine, if any.
  • That the Company shall charge the service-charge of twenty- eight (28) percent from the consolidated participation amount in the individual pool.
5. LICENSE GRANT AND RESTRICTIONS ON USE
  • License Grant: That subject to the terms of this License, the Company grants you a limited, revocable, non-exclusive, non-transferable, without right to sub-license, non-commercial, limited right to install and use of the Application on the device owned and controlled by you, and to access and use the Application on such device strictly in accordance with the terms and conditions of this License, for such time until either you or the Company terminates this License. The Company does not transfer the title or ownership of the Application to you and the license granted to you is not a sale of any rights in the Application. You must, in any event, neither use nor allow others to use the Application or this License for commercial purposes without obtaining an explicit approval to do so from the Company. You, further, acknowledge and agree that updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Application on certain hardware.
  • You, additionally, acknowledge and agree that certain parts of the Application may be using third party features, which are managed by the third party service providers, and which may attract additional terms and / or may incur additional costs. You are, therefore, advised to comply with such additional terms after reviewing such additional terms as well as costs carefully.
  • Restrictions on Use: That you shall use the Application strictly in accordance with the terms of this License and shall not:
    • decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
    • make any modification, adaptation, improvement, enhancement, translation, reproduce or create derivative work from the Application or of the Application;
    • provide any ancillary offering to the Application that are not offered within the Application by default, such as, hosting, “leveling services”, mirroring game servers, matchmaking, emulation, communication redirects, bots or any other automated control of the game under the Application, tunneling, third party program add-ons, and any interference with the online play;
    • create, use and / or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications, for this Application, in any pool over or otherwise;
    • violate any applicable laws, rules or regulations in connection with your access or use of the Application;
    • remove, alter, disable, circumvent or obscure any proprietary notice, including any notice of copyright or trademark, or other authorship and origin information, or labels contained on or within this Application, in relation to the Company;
    • sell, rent out, lease, license, distribute, market, exploit the Application or any of its part and thereby, use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
    • use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by the Company;
    • access or use the Application on more than one device, at a time, with the particulars of your in-game account;
    • access, tamper with, or use non-public areas of the Application;
    • use the Application to send automated queries to any website or to send any unsolicited commercial electronic mail;
    • export or re-export this Application or any copy of adaptation in violation of any applicable laws or regulations;
    • use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices.
  • Geographical Limitations: That the Company may restrict, modify, or limit your access to certain features of the Application or the entire Application depending on the territory in which you are located.
  • That you acknowledge and agree, while using the Application, to comply with all applicable laws, rules and regulations of the Republic of India as well as local laws as applicable to the jurisdiction where you are presently located. You also agree to comply with certain rules of conduct that govern your use of the Application (“Terms of Service Agreement”), which are not meant to be exhaustive and may be modified at any time at the discretion of the Company. In all cases, you may only use the Application in accordance with the anticipated use of the Application. Further, without limiting the Company’s rights to take action against you, you shall not:
    • create, use, share and / or publish by any means in relation to the Application any material i.e., text, words, images, sounds, videos, etc. which would breach of a duty of confidentiality, infringe any intellectual property or an individual’s right to privacy or which would incite the committing of an unlawful act i.e., piracy, cracking or circulation of counterfeit software;
    • modify, distort, block, abnormally burden, disrupt, slow down and / or hinder the normal functioning of all or any part of the Application, or its accessibility to other users, or the functioning of the third-party networks on the Application, or attempt to do any of the above;
    • transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and / or similar destructive device, or corrupted data in relation to the Application, and / or organize, participate in or be involved in any way in an attack on the Company’s servers and / or the Application and / or those of its service providers and third party associates;
    • create, supply or use alternative methods of using the Application;
    • spam the chat-box, if any, either for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
    • transmit or communicate any material or content which, in the sole and exclusive discretion of the Company, is believed or deemed to be offensive, including but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening to any person or entity, or otherwise objectionable;
    • harassing or threatening any other user in the Application;
    • collect or store any personally identifiable information from other users of the Application, without their express permission;
    • make inappropriate use of the help service or the claim buttons or send untruthful reports to officials of the Company;
    • falsely claim to be an employee or representative of the Company or its agents or its third party associates;
    • falsely claim an endorsement in connection with the Application or with the Company;
    • use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions, if any, on the game under the Application or for any other purpose;
    • use the game under the Application in any way that would affect the Company adversely or reflect negatively on the Company or the game under the Application or discourage any person from using all or any part of the feature of the Application;
    • encourage or enable any other individual to do any of the foregoing activities, as the case may be.
6. CHEAT DETECTION SOFTWARE
  • That the Application may have in-built mechanisms designed to prevent granting one user an unfair advantage over other users. The Company reserves the right to add or update its Cheat Detection Software periodically as the Company requires at its sole discretion. The Cheat Detection Software shall collect and transmit details about your in-game account, game-play, and unauthorized programs or processes in connection with cheating, subject to the Company’s Privacy Policy and the applicable law. In the event that the Company, at its sole discretion, concludes that you are cheating, the Company shall exercise any or all of its rights under this License which may include termination of this License, with you, and your access to the game under the Application.
7. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
  • Rights to Application: That you acknowledge and agree that the Application, its title, ownership rights and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith including, without limitation, all text, graphics, music or sounds, all messages and items of information, fictional characters, names, themes, objects, sceneries, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are parts of the Application individually, or in combination, and any and all copies thereof are, and shall remain, the property of the Company or the third party, as the case may be. You acknowledge and agree, further, that the source code and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of the Company. You are not granted any intellectual property rights in or to the Application by way of implication or other legal theory, except as specifically mentioned in this License, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by the Company.
  • Third Party Software: That the Application may utilize or include third party software that is subject to third party license terms (hereinafter referred to as the “Third Party Software”, for the sake of brevity) and you acknowledge and agree that your right to use such Third Party Software as a part of the Application is subject to and governed by the terms and conditions of the third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. You, further, acknowledge and agree that such third party associate/s may protect their rights in the event of violation of such third party license terms. Any reproduction or representation of these licensed materials, in any way and for any reason, is prohibited without the express permission of the Company or such third party associates, as the case may be. In the event of any conflict between the terms of this License and the terms of such third party licenses, the terms of the third party licenses shall prevail with regard to your use of the relevant third party software. In no event, shall the Application or components thereof be deemed to be “open source” or “publically available” software.
  • Company’s Marks: That you are not authorized to use the Company’s trademarks in any advertising, publicity or in any other commercial manner without the prior written permission of the Company, which may be withheld for any or no reason.
  • Copyright Restrictions: That you acknowledge and agree that the Company’s name, logo and graphics that represent the Application shall not be used in any commercial manner whatsoever without the prior written permission of the Company. The Company retains sole and exclusive ownership of all rights, title and interest in and to the Application and all Intellectual Property rights relating thereto.
8. ACCESS TO THE APPLICATION
  • THAT THE APPLICATION MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (hereinafter referred to as the “DRM SOFTWARE”, for the sake of brevity). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE:
    • THAT THE INSTALLATION OF THE APPLICATION MAY CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR DEVICE;
    • THAT THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE APPLICATION ON YOUR DEVICE;
    • THAT THE DRM SOFTWARE MAY INSTALL ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION, ON YOUR DEVICE; AND
    • THAT DURING THE INSTALLATION AND / OR FIRST LAUNCH OF THE APPLICATION, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE APPLICATION THROUGH THE DRM SOFTWARE.
  • THAT YOU ACKNOWLEDGE AND AGREE THAT AN INTERNET CONNECTION, AN IN-GAME ACCOUNT, WITH SINGLE-USER PASSWORD AND INSTALLATION OF DRM SOFTWARE MAY BE REQUIRED TO PLAY THE GAME OF PREDICTION, A GAME OF SKILL, AND TO ACCESS THE SERVICES AND FEATURES OF THIS APPLICATION.
  • That while using the Application on a device, you must have access to electronic communication network and its connection cost, including but not limited to mobile provider/s and / or carrier’s cost, which shall be exclusively borne by you. You acknowledge and agree that the quality of the Application, the response time or access to certain features may depend on the capacities of your device and of the electronic communication network. The Company shall, in no case, be held responsible for reduced user comfort. You acknowledge that the Application may not be available for use on all devices or through all carriers or network service providers. For the sake of convenience, “device/s” shall mean and include any portable device capable of connecting to Internet to access the Application and covers feature phones, smart phones, tablet computers and personal digital assistants.
9. RESTRICTIONS ON TRANSFER
  • That you may not copy, share, distribute, re-sale, offer for re-sale, rent, assign, lease, lend, sub-license or transfer the Application, this License or any of the rights granted hereunder, in whole or in part, except that you make one copy for archives purpose and any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
10. COLLECTION OF PERSONAL DATA AND USE OF INFORMATION
  • That you hereby authorize and consent to the collection, storage and use, by the Company, of any information and data related to or derived from your use of the Application, in order to provide you with a better game experience, adapted services and Application support, and any information or data that you provide to the Company (hereinafter referred to as the “Information”, for the sake of brevity). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate form: search requests, patterns, data and suggestions based on user actions, your connection information and your device / compatible mobile terminal. Certain data shall be recorded, archived, analyzed and used to create user statistics. Your privacy is very important to the Company and the Company shall not reveal your personal data to third parties unless being expressly authorized by you or in special circumstances not under the control or authority of the Company. The Company may be under a duty to disclose or share your personal data in order to comply with a legal obligation, or in order to protect the Company’s rights and those of other users and third parties, as the case may be. This may also include exchanging information with other companies and organizations for the purpose of fraud protection and credit risk reduction. For further information regarding the Company’s use of your personal data, kindly refer to the “Privacy Policy”.
  • That the Company may use the Information, as provided by you and from your use of the Application, to provide notifications to you which may be of use or interest to you.
  • That the Company hereby warrants that the Company shall not have any access to your contact-list or images or audio files or video files whatsoever, as stored in your device.
11. ANALYTICS TOOLS AND AD SERVING TECHNOLOGY
  • That the Company uses third party analytics tools to collect information concerning your and other users’ gaming habits and use of the Application. The information collected may contain the following, without limitation: Device’s unique identity, identifiers and settings, carrier, operating system, localization information, date and time spent on the Application, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rates, purchase history and other similar information.
  • That the Company uses third party ad serving technologies that may collect information as a result of ad serving in the Application and that may temporarily display advertisements in the Application. The information collected and used for the targeted advertisement may contain the following, without limitation:
  • age and gender, number views of an advertisement, device’s unique identity, identifiers and settings, information about your use of the Application, and your response to the advertisement if any.
  • That the analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect the said information and may combine the information collected through the Application and / or the Company’s other Application, if any, with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information shall not be treated as personal data. However, if the Company combines any of this information with personal data, the Company shall treat this information as personal data pursuant to our “Privacy Policy”. Further, the Company shall make its best efforts to provide you with the links of our third party associates privacy policy according to which their tools and technologies are used and when available, the link to allow you to opt-out of their services.
12. CONSENT TO MONITOR
  • That when you are using the Application, the Application may monitor your hardware random access memory (RAM) for unauthorized third party programs that interact with the Application. In the event that the Application detects such an unauthorized third party program, information may be communicated back to the Company, including the name of your account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized program was detected, along with the hardware specifications and performance characteristics of your hardware, with or without additional notice to you. If the Application detects the use of an unauthorized third party program, this License and your access to the Application may be terminated with or without additional notice to you.
  • That you acknowledge and agree that the Company shall not be responsible for and shall not endorse the opinions, advice and / or recommendations displayed or sent by you in the Application, including in the game chats, if any. Such communications shall be the sole responsibility of the concerned consumer.
13. TERM AND TERMINATION
  • Term: That this License shall be effective from the date you download or use the Application, as the case may be, until terminated in accordance with the terms of this License.
  • Termination: That the Company may, in its sole and absolute discretion, at any time and for any or no reasons, suspend or terminate this License and the rights afforded to you hereunder with or without any prior notice. In case you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically and immediately, without any notice or other action by the Company and upon such termination, you shall cease all use of the Application and destroy all copies of the Application supplied under the License and uninstall the Application.
14. DISCLAIMER OF WARRANTIES
  • THAT YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. THE COMPANY AND ITS THIRD PARTY ASSOCIATES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES REGARDING THE APPLICATION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY OR ORAL OR WRITTEN, AND INCLUDING, WITHOUT LIMITATION, ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, OR SECURITY, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ITS MARKET VALUE OR YOUR SATISFACTION. FURTHER, THE COMPANY MAKES NO WARRANTY THAT 1) THE APPLICATION SHALL MEET YOUR REQUIREMENTS; 2) THE APPLICATION SHALL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; 3) THE QUALITY OF THE GAME, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION SHALL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; 4) ANY ERRORS IN THE APPLICATION SHALL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE OF THE COMPANY. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE APPLICATION TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE APPLICATION.
15. LIMITATION OF LIABILITY
  • THAT UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE OR BREACH OF STATUTORY DUTY, SHALL COMPANY OR ITS THIRD PARTY ASSOCIATES, AS THE CASE MAY BE, BE LIABLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS, WHETHER IN TORT OR OTHERWISE, LOSS OF CONTRACT, MISREPRESENTATION WHETHER INNOCENT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF THIS LICENSE OR THIS APPLICATION OR ANY THIRD PARTY SERVICE, OR ANY LOST PROFITS YOU ALLEGE, WHETHER OR NOT THE DAMAGES OR LOSS OF PROFITS WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. INDEMNIFICATION
  • That you shall indemnify, defend and hold harmless the Company and each of its respective officers, directors, employees, agents, shareholders, affiliates, assigns, third party associates, other users of the Application, or any other individual or legal entity from and against any claims or alleged claims, liabilities, proceedings, losses, damages, fine, penalty, interest, cost and expenses, including, without limitation reasonable attorneys’ fees and expenses, of third parties relating to or arising, directly or indirectly, out of or in connection with the following:
    • your access to or use of this License or the breach of your warranties, representations and obligations under this License;
    • your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity;
    • your violation of any provisions of this License;
    • your use or misuse of the Application;
    • your negligence or willful misconduct;
  • These obligations shall survive any termination of the License.
17. MODIFICATION TO THE APPLICATION
  • The Company may modify the Application for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and / or resets to improve and / or optimize the Application. You acknowledge and agree that the Application may or may not install or download the modifications automatically. You acknowledge and agree that the Company may stop to support previous versions of the Application upon availability of the updated version.
18. COMPATIBILITY
  • That the Company does not warrant that the Application shall be compatible or inter-operable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. You acknowledge that compatibility and inter-operability problems may cause the performance of your device to diminish or fail completely, and may result in permanent damage of your device, loss of data stored in your device, and corruption of the software and files located on your device. You acknowledge and agree that the Company shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or inter-operability problems.
19. MISCELLANEOUS
  • Governing Law: That this License shall be deemed to take place in the city of Ahmedabad, Gujarat, Republic of India and shall be governed by and construed in accordance with the laws of Republic of India or any applicable local laws of your jurisdiction, as the case may be. Any disputes arising from this License shall be adjudicated exclusively in the Courts of the city of Ahmedabad, Gujarat.
  • Severability: That if any Court of competent jurisdiction or competent authority finds that any provisions of this License is invalid, illegal or unenforceable with respect to a party or otherwise, that provision or part-provision shall, to the extent required, be deemed to deleted, and the remainder of this License, or the application of such provisions to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provisions of this License shall be valid and enforceable to the fullest extent permissible by law. The invalid or deleted provisions may be amended with the necessary modifications in order to make it legal, valid and enforceable to reflect the Company’s initial intentions.
  • Waiver: That except as provided herein, the failure to exercise a right or require performance of an obligation under this License, or by law, shall not be constituted as a waiver of that right or requirement or affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. Waiver of a right or requirement shall be considered to have taken place only after signing of a written statement to the effect by the Company or by the user.
  • Modification or Amendment: That the Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, supplement, amend, or delete the terms of this License for security, legal or regulatory reasons. Such changes shall be effective with, or as applicable, without prior notice to you. You can review the most current version of this License by clicking on the “EULA” link located on the Application. You shall be responsible for checking this License periodically for changes. If any future changes to this License are unacceptable to you or cause you to no longer be in agreement or compliance with this License, you may terminate this License in accordance with Clause 13 of this License and must immediately uninstall the Application and destroy all copies of the License. You shall be deemed to have completely and irrevocably accepted to any such modification or amendment by your decision to continue using the Application following the date on which the modified or amended License is posted on the Application.
  • Entire Agreement: That this License including the documents incorporated herein by reference constitutes the entire Agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding the subject matter.
  • For any questions concerning this License, you may contact the Company at the following address:
  • SUPER6 FANTASY SPORTS PRIVATE LIMITED
  • C – 1008, RAJYASH RISE, NEAR VISHAL HOTEL, NEAR APMC MARKET, VASNA, AHMEDABAD – 380 007. GUJARAT, INDIA
  • THIS LICENSE IS APPLICABLE ONLY TO THE EXTENT AS PERMISSIBLE AND AUTHORIZED BY LAW.