Terms and Conditions

These Terms of Use ("Terms") govern your use of, purchase of, or subscription to Archetype Entertainment Pvt. Ltd. ("SoStronk") websites, apps, software, products, or services (collectively, the "Services").
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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, PURCHASING OR SUBSCRIBING TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE ANY PART OF THE SERVICES.
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By using the Services, you consent to the collection, use and disclosure of your information as described in SoStronk’s Privacy Policy. Additional terms may apply to contests, promotions or other SoStronk events or activities that you may choose to participate in.

Conditioned upon your acceptance of these Terms, SoStronk authorizes you to use the Services for your personal, non-commercial use. Any use of the Services in any way not expressly permitted by these Terms is prohibited and may be actionable under the law of India. SoStronk shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability and equipment needed for access or use.

2. Your Conduct and Responsibilities

You are responsible for protecting the confidentiality of your password(s), if any, and shall be fully responsible for the use of the Services by any other person you permit to access the Services.

You agree to use the Services for non-commercial, lawful purposes only and shall not post or transmit through the Services any material which :

violates or infringes in any way upon the rights of others

ii.

is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,

iii.

encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or

iv.

without SoStronk's express prior approval, contains advertising or any solicitation with respect to products or services.

Any conduct by you that, in SoStronk's sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to :

propagation of computer worms, viruses, and other such malicious code,

ii.

using (directly or indirectly) the Services to make unauthorized entry to any other machine accessible through the Services, and

iii.

use of the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Services to become users of other online services.

Without limiting any other rights or remedies of SoStronk, violations of the foregoing may result in removal of any prohibited communications and/or termination of your access to the Services.

iv.

You shall not upload, post, submit or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary right without the express permission of the owner. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Services, or otherwise submitting materials to SoStronk, you automatically grant, or warrant that the owner of such material has expressly granted SoStronk the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use.

By appearing and participating in any SoStronk competition, you grant SoStronk and its assignees and licensees right to review and make public any and all game play, film, photograph and record your name, nickname, pseudonym, persona, picture, biographical material, voice and/or likeness and to use and distribute the same in any manner or media whatsoever, by any and all means, media, devices, processes and technology now or hereafter known or devised anywhere in the universe at any time in perpetuity, for any lawful purpose whatsoever, including advertising, publicity or trade.

3. Intellectual Property and Proprietary Rights

The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the Indian Copyright Act, 1957. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Services will be permitted without the express permission of SoStronk and the copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.

SoStronk, SoStronk Market and other SoStronk graphics, logos, designs, page headers, button icons, scripts and service names are the exclusive property of Archetype Entertainment Pvt. Ltd. All rights reserved. SoStronk items and trademarks or domain names may not be used, in connection with any product or service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of SoStronk.

4. Changes to these Terms

From time to time, SoStronk may change or modify these Terms of Use or impose new conditions, including, but not limited to, adding fees and charges for use. All such changes, modifications, additions or deletions shall be effective immediately upon posting notice on the Services. You acknowledge and agree that any use of the Services by you after such notice constitutes your acceptance to the modified Terms.

5. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
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ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED OR SUBSCRIBED TO THROUGH THE SERVICES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY SOSTRONK. SOSTRONK ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR SUBSCRIBED TO THROUGH THE SERVICES.

PRODUCTS AND SERVICES PURCHASED OR SUBSCRIBED TO ARE PROVIDED OR SOLD "AS-IS" AND SOSTRONK DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOSTRONK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. SOSTRONK DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

NEITHER SOSTRONK, SOSTRONK AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "SOSTRONK PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability

SOSTRONK ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SOSTRONK OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE, SUBSCRIPTION OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF SOSTRONK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOSTRONK’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO SOSTRONK FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO SOSTRONK FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SOSTRONK, REGARDLESS OF THE CAUSE OF ACTION.

7. Arbitration and Dispute Resolution

YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF PURCHASE OF, OR SUBSCRIPTION TO THE SERVICES SHALL BE FINAL AND BINDING ARBITRATION. Arbitration proceedings shall be administered under the rules of Indian Arbitration Act, 1961 and its further amendments which rules are deemed to be incorporated by reference into this Agreement except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief in the high court of Bangalore, India and you consent to exclusive jurisdiction and venue in such courts. If costs related to such arbitration are determined to be excessive in a consumer dispute, SoStronk will be responsible for paying all arbitration fees and arbitrator compensation more than what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than one (1) year after the cause of action arose.

8. Monitoring

SoStronk shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by SoStronk and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, SoStronk shall have the right to remove any material that SoStronk, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. SoStronk might connect with you over the telephone from time to time to discuss your experience with the IMBR app in order to continuously improve our services. Refer to the Frequently asked questions section.

9. Indemnification

You agree to defend, indemnify and hold harmless SoStronk, SoStronk affiliated companies and their respective directors, employees and licensees from and against all claims and expenses, including attorneys' fees, resulting from (i) any breach of these Terms of Use or your negligent and wrongful conduct; (ii) your use and access of the Services, including the posting of any content on the Services by you; and (iii) violation by you of any applicable law, rule or regulation.

10. Termination

You may unsubscribe through cancelling payment through your payment provider. Without limiting the foregoing, SoStronk shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which SoStronk, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 3, 4, 5, 6, 8, 11, 12, 13 and 14 shall survive termination of these Terms of Use.

11. Third Party Content

SoStronk is a distributor (and not a publisher) of content supplied by third parties and users of the Services. Accordingly, SoStronk has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services are those of the respective author(s) or distributor(s) and not of SoStronk. Neither SoStronk nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Refer to Sections 3 and 4 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.

In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or users not under contract with SoStronk. SoStronk neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services. Under no circumstances will SoStronk be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.

12. Terms of Sale

The following terms apply to your purchases or subscriptions related to the Services.

Purchase Qualifications; Account Security

To purchase a product or subscription related to the Services, you must be a registered SoStronk User and comply with these Terms of Use. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. SoStronk sells its products only to those users who can legally make purchases using one of the accepted payment methods. If you are under 18, you may make purchases on SoStronk only with the involvement of a parent or guardian. SoStronk reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.

Payment Method and Terms

We accept payments made through PayPal and other payment gateways in connection with the purchase of any merchandise or subscription through the Services. By submitting an order through SoStronk, you authorize SoStronk, or its designated payment processor, to charge the account you specify for the purchase amount. Currency of all payments depends on your location of purchase.

Delivery

Any tangible property purchased through the Services will be shipped via Free on Board (FOB) Shipping Point. Title to such products passes from SoStronk to you upon shipment. With respect to products or services you purchase through the Services, you acknowledge and agree that upon making such purchases available to you (or to their intended authorized recipients), SoStronk will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.

Product and Service Descriptions and Availability, Errors

SoStronk and its suppliers continually upgrade and revise its products and services to provide you with new products and services. SoStronk may revise, discontinue, or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. SoStronk shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, SoStronk reserves the right to substitute items of equal or greater value when an item or service is unavailable or SoStronk may cancel the order.

We attempt to be as accurate as possible and eliminate errors on the Services, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your account. SoStronk reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.

Taxes
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You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees if they are later determined to be payable on such sale, and SoStronk reserves the right to collect such taxes or other fees from you at any time.

13. Copyright Complaints

SoStronk owns, protects, and enforces copyrights in its own creative material and respects the copyright properties of others. You are prohibited from uploading, posting or otherwise transmitting on the Services any materials that violate another party's intellectual property rights.

14. Mischellaneous

These Terms of Use (which hereby incorporate by reference any other provisions applicable to use of the Services, including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Services and any operating rules for the Services established by SoStronk) constitutes the entire agreement of the parties with respect to the subject matter. The provisions of these Terms of Use will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of these Terms of Use, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the intentions of the original provision. These Terms of Use shall be construed in accordance with and governed by the applicable laws of the high court of Bangalore, India. You agree that any portion of these Terms found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.

15. Usage of IMBR

IMBR may, at its sole and absolute discretion:

Restrict, suspend, or terminate any User's access to all or any part of IMBR or IMBR Platform Services;
Change, suspend, or discontinue all or any part of the IMBR Platform Services;
Reject, move, or remove any material that may be submitted by a User;
Move or remove any content that is available on IMBR Platform;
Deactivate or delete a User's account and all related information and files on the account;
Establish general practices and limits concerning use of IMBR Platform;
Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)

In the event any User breaches, or IMBR reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used IMBR or the IMBR Services, IMBR may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of IMBR Contests or the IMBR Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on IMBR and further, take technical and legal steps as it deems necessary
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If IMBR charges its Users a platform fee in respect of any IMBR Services, IMBR shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or IMBR Services on account of any negligence or deficiency on the part of IMBR, but not if such suspension or removal is effective due to:

any breach or inadequate performance by the User of any of these Terms and Conditions; or
any circumstances beyond the reasonable control of IMBR.

Users consent to receiving communications such as announcements, administrative messages and advertisements from IMBR or any of its partners, licensors or associates.

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16. User Conduct

Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, IMBR may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with IMBR subject to a processing fee (if any) applicable on such transfers as set out herein; or
refraining from awarding any prize(s) to such User.

Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by IMBR). Users further agree to update and keep updated their registration information
A User shall not register or operate more than one User account with IMBR.
Users agree to ensure that they can receive all communication from IMBR by marking emails or sending SMSs from IMBR as part of their "safe senders" list. IMBR shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
Any password issued by IMBR to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify IMBR of any unauthorised use of their passwords or accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. IMBR shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with IMBR Services and/or IMBR experience or assist in such activity.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying IMBR or IMBR’s Services.
Users agree that without IMBR's express written consent, they shall not modify or cause to be modified any files or software that are part of IMBR's Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support IMBR or the IMBR’s Services (each a "Server"); or (2) the enjoyment of IMBR Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt IMBR Services or any other person's use or enjoyment of IMBR Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to IMBR Services by any means other than the User interface provided by IMBR, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of IMBR Services.
Users shall not publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Without limiting the foregoing, Users agree not to use IMBR for any of the following:

To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
To transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, IMBR, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on IMBR without the express written consent of IMBR;
To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
To restrict or inhibit any other user from using and enjoying any public area within our sites;
To collect or store personal information about other Users;
To interfere with or disrupt IMBR, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of IMBR, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through IMBR or to manipulate User's presence on IMBR(s);
To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
To engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nations.

If a User chooses a username that, in IMBR's considered opinion is obscene, indecent, abusive or that might subject IMBR to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, IMBR reserves the right, without prior notice to the User, to restrict usage of such names, which in IMBR’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from IMBR, deny such User access to IMBR, or any combination of these options.
Unauthorised access to IMBR is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access IMBR by any means other than through the interface that is provided by IMBR for use in accessing IMBR. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of IMBR is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit IMBR's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of IMBR.

IMBR may not be held responsible for any content contributed by Users on the IMBR.
User hereby confirms that he / she is participating in a contest in personal capacity and not in the course of business and /or profession.

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17. Conditions of Participation:

By entering a Contest, the User agrees to be bound by these Terms and the decisions of IMBR. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:

Falsifying one's own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by IMBR to enter a contest and/or claim a prize/winning.;
Engaging in any type of financial fraud or misrepresentation including unauthorised use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
Colluding with any other user(s) or engaging in any type of syndicate play;
Any violation of Contest rules or the Terms & Conditions;
Accumulating points or prizes through unauthorised methods such as automated bots, or other automated means;
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to IMBR Users, sending unwarranted email content either to selected Users or in bulk); or
Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
Each Contest has a predetermined limit on the number of Users that can participate and a specified time before which entries must be made. A Contest is deemed to be a valid Contest on the Platform, only if the requisite number of Users register for the Contest before the prescribed entry time.

It is clarified that in case a User is found to be in violation of this policy, IMBR reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.

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18. Registration for a contest

In order to register for the Contest(s), Participants are required to accurately provide the following information:

Full Name
E-mail address
Password
State of Residence
Date of birth

Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.

In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.

Once the Participants have entered the above information, and clicked on the "register" tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.

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18. Legality of Game of Skill

Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest (s) described above (across the IMBR Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or American football and/or baseball statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill

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19. Eligibility

The Contest(s) are open only to persons above the age of 18 years.
Persons below the age of eighteen (18) years and currently residing in India, are not allowed to participate in any of the contests, games (by whatever name called) on the IMBR Platform. The Users will have to disclose their real age at the time of getting access into the IMBR Platform.
The Contest(s) are open only to persons currently residing in India.
IMBR may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.
Persons who wish to participate must have a valid email address.
IMBR may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organising boards, leagues etc.
Only those Participants who have successfully registered on the IMBR as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes

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20. Payment Terms

In respect of any transactions entered into on the IMBR platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
The payment of pre-designated amount that Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the IMBR Services charged by IMBR and predetermined participant’s contribution towards prize money pool.
Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning bank Accounts. The said accounts are operated by a third party appointed by IMBR in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) IMBR (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount and GST on IMBR’s Take rate).
The IMBR reserves the right to charge a Platform Fee, which would be specified and notified by IMBR on the Contest page, being created on IMBR platform, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and IMBR shall issue an invoice for such debit to the User.
The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that IMBR has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with IMBR
Any user availing IMBR services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:
User's winnings in any Contest will reflect as credits to the User's Winnings Account.
User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutilized Account’.
All amounts credited into a User's 'Unutilized' Account must be utilised within 335 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, IMBR reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
We may ask you for KYC documents to verify your address and identity at any stage. Withdrawal will be permitted only from accounts for which KYC process is complete.
KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (PAN Card etc.); and (ii) other User Details.
Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.
You can choose to withdraw money from your winnings account at any time, subject to withdrawal restrictions mentioned in T&C and on IMBR application, by notifying us of your withdrawal request.
To be eligible to win a prize, you must be a resident of India and accessing the services of IMBR and not from any of the restricted states.
We reserve the right to charge a platform fee, which would be specified and notified by us in the game page being created
Platform fee will be calculated as a fixed percentage of the total amount paid by the user to participate in the contest.
The user may participate in a game contest wherein the user has to contribute a pre- specified contribution towards the pool money of such contest, which will be passed on to the Winner(s) of the Game contest after the completion of the contest. It is clarified that we have no right or interest in this pool money, and we only act as an intermediary engaged in collecting and distributing the pool money in accordance with the game contest terms and conditions. User's winnings in any Game contest will reflect as credits to the Winning Account.

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21. Selection and Verification of Winners and Conditions relating to the Prizes

Selection of Winners
Winners will be decided based on the rules of the game that the user participates in. In certain pre-specified Contests, IMBR may declare more than one Winner and distribute prizes to such Winners in order of performance in the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest.
In the event of a rank tie based on Battle Points (BP) performance, the winning Participants shall be ranked based on the time when they achieved the BP.
IMBR shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations.
Verification process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by IMBR shall be permitted to withdraw/receive their accumulated earnings (or any part thereof). IMBR shall not entertain any claims or requests for extension of time for submission of documents.
IMBR shall scrutinise all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated earnings (or any part thereof) on the following matches:
Determination by IMBR that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
Participant does not fulfil the Eligibility Criteria
Taxes Payable
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. The TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 30% . TDS of 30% shall be deducted on Net Winnings ( prize money amount - contest entry amount). In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by IMBR in accordance with the current prescribed TDS rate. Winners will be provided TDS certificates in respect to such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.
Miscellaneous
The decision of IMBR with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, IMBR shall disqualify such Participant and forfeit any prize won by such Participant. Further IMBR may, at its sole and absolute discretion, suspend or terminate such Participant's account with IMBR. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with IMBR, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), IMBR shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, IMBR may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, IMBR makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
IMBR may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against IMBR or question its right to modify such prizes being offered, prior to closure of the Contest.
IMBR will not bear any responsibility for the transportation or packaging of prizes to the respective winners. IMBR shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind
General Conditions
If it comes to the notice of IMBR that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of IMBR that conduct of any such Contest(s) is prohibited, then IMBR shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
Employees, directors, affiliates, relatives and family members of IMBR, will not be eligible to participate in any Contest(s)
Release and Limitations of Liability
Users shall access the IMBR Services provided on IMBR voluntarily and at their own risk. IMBR shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the IMBR Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the IMBR Services provided therein, Users hereby release from and agree to indemnify IMBR, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the IMBR Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
IMBR accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access to IMBR Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to IMBR Services, including provision of incorrect address or other personal details. Users also undertake to indemnify IMBR and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by IMBR on account of such act on the part of the Users.
Users shall indemnify, defend, and hold IMBR harmless from any third party/entity/organisation claims arising from or related to such User's engagement with the IMBR or participation in any Contest. In no event shall IMBR be liable to any User for acts or omissions arising out of or related to User's engagement with the IMBR or his/her participation in any Contest(s).
In consideration of IMBR allowing Users to access the IMBR Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against IMBR, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of IMBR Services or related to the Contests or the prizes of the Contests.
Release and Limitations of Liability
LIST OF BANNED STATES
Andhra Pradesh
Arunachal Pradesh
Assam
Odisha
Tamil Nadu
Telangana
Meghalaya
Nagaland
Sikkim

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