ScoreTab SCORETAB INDIA
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Terms of Use

Also see: Privacy Policy

TERMS OF USE

This Terms of Use governs your use of the website, Materials, Your Content and the services offered through ScoreTab. For the purpose of these Terms of Use, wherever the context so requires, "you", "your" or "user" shall mean any natural or legal person who has agreed to become a member of the Site by registering on the Site as a registered user or browses the Site. Your access or use of the Site is subject to the terms and conditions of use as set out here (Terms of Use) and the Privacy Policy made available. Please note that by accessing or using the Site, you agree to be bound by the Terms of Use, and the Terms of Use is a legally binding agreement between you and us — SCORETAB INDIA PRIVATE LIMITED, the owner of the Site ("Company").

USER REGISTRATION

You may use the Site without registration; however, to participate in certain activities of the Site, you may be required to create an account, or you can log in through your Facebook account or any other third-party service account permitted by the Site. In the event you wish to create an account with us, you may do so by completing the registration process. You agree to:

  1. Provide true, accurate, correct, and complete information as prompted by the applicable registration form.
  2. Maintain and update true, accurate, correct, and complete information provided by you during the registration process.

You may be required to choose a password and username. You are solely responsible for maintaining the confidentiality of your password and account. If at any time the Company believes that your account and password are being misused in any manner, or that the information provided by you during the registration process is not true, is inaccurate, or is incomplete, the Company reserves the right to cancel your account and block your access to the Site. You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorised use of your account or any breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, or your failure to comply with this section. By registering for an account with us, you give us permission to send you mailers on different promotions, deals, or offers running on the platform and content published or upcoming, including but not limited to articles and videos. From the said mailers, you can at any time unsubscribe and opt out of receiving such emails, after which you will not be sent such mailers.

USE OF THE SITE

All materials provided on this site, including but not limited to all information, materials, functions, text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of the Company and/or its vendors or suppliers. All Materials herein and all Company software are proprietary to Company and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company. Company hereby grants you the right to access and use the Site only for your personal and non-commercial use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You may post/share links/images/text content on the site on social platforms like Facebook, Twitter, Google+, and Pinterest, with an appropriate link-back to the original source. When the Site provides for the download of particular Material including software, you may download such Material or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you:

  1. Keep intact all copyright and other proprietary notices.
  2. Make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Material including the software, in whole or in part.
  3. Not transfer any Material or software or any part thereof to any other computer or mobile device without authorisation.

Any commercial or business use of the Site or any Material including the Software is expressly prohibited. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any licence or right under any patent, trademark or copyright of the Company. You acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Site or Material or any part thereof to you or any third party.

PROHIBITED USE

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or by any domestic or international laws, statutes, ordinances, and regulations. Your use of the Site is your sole responsibility. You shall not display, upload, modify, publish, transmit, update or share any information on the Site that:

  1. Belongs to another person and to which the user does not have any right.
  2. Is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
  3. Is harmful to a child.
  4. Infringes any patent, trademark, copyright or other proprietary rights.
  5. Violates any law for the time being in force.
  6. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
  7. Impersonates another person.
  8. 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 the investigation of any offence; or is insulting to another nation.
  9. Contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
  10. 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.

USE OF PUBLIC FORUM

Certain sections or pages of the Site contain a provision hereinafter referred to as "Public Forum" for users to post or upload comments, feedback, data, links, videos, audio, graphics, images, messages, and other material ("User Content"). Through the Public Forum, you can communicate with other users of the Site. You are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available on the Public Forum. You understand that such User Content can be viewed by other users of the Site, and therefore you shall exercise due care to ensure that such User Content does not offend or abuse other users of the Site. The Company does not control the User Content posted on the Public Forum and, as such, does not guarantee the accuracy, integrity or quality of such User Content.

You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any User Content, including but not limited to any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Site. When you post or upload Your Content on the Site, you grant the Company (and its licensees, distributors, agents, representatives, and other authorised users) a perpetual, royalty-free, non-exclusive, and irrevocable right and licence to reproduce, prepare derivative works based upon, distribute, perform, or display such User Content, in whole or in part, in any form, media or technology known or hereafter developed.

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

  1. Comply with legal process.
  2. Respond to claims that any User Content violates the rights of third parties.
  3. Protect the rights, property, or personal safety of the Company and the public.

Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms of Use, or the Privacy Policy of the Site, we may terminate your account/block your access to the Site, and we reserve the right to remove any User Content that is non-compliant with these Terms of Use. You agree that the Company has no liability or responsibility for the storage or deletion of any User Content, and reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.

COPYRIGHT AND TRADEMARKS

Unless otherwise stated, copyright and all intellectual property rights in all Materials on the Site (including but not limited to text, audio, video or graphical images, technology, the look and feel of the Site), trademarks and logos appearing on this Site are the property of the Company and are owned and controlled by us or by other parties that have licensed their material to us. Materials on the Site are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means, whether directly or indirectly, and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the Materials, use of the Materials on any other website or networked computer environment, or use of the Materials for any purpose other than personal non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company, or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on any mark or source identifier included on the Site. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

DISCLAIMER

The Site, all the Materials and products (including but not limited to software) and any services included on or otherwise made available to you through this Site are gathered from a variety of sources and are intended solely as general information, provided on an "as is" and "as available" basis without any representation or warranties, express or implied, except as otherwise specified in writing. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is the personal opinion of such experts/consultants/persons and does not constitute or indicate our endorsement, representation or warranty of such information, and are not subscribed to by this Site. Without prejudice to the foregoing paragraph, the Company does not warrant that:

  • The Site will be constantly available, or available at all; or
  • The information on the Site is complete, legal, true, accurate, or non-misleading.

LINKS

The Company may establish on the Site a hypertext link to a third-party website from time to time. Such a link is provided for information and convenience of the users and does not state or imply any sponsorship or endorsement of the third-party website by the Company. The Company has no control over such third-party websites, and your use of such third-party websites or any offsite dealings with such third parties is at your own risk.

ADVERTISING MATERIAL

Some parts of the Site may contain advertising information, promotional material, or other material submitted to the Company by third parties. Responsibility for ensuring that the material submitted for inclusion on the Site complies with applicable law lies exclusively with the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers — including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings — are solely between you and such advertiser. The Company will not be responsible or liable for any claim, error, omission, or inaccuracy in advertising material, or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. The Company reserves the right to omit, suspend, or change the position of any advertising material submitted for insertion.

INTERNATIONAL USE

This Site is controlled and operated from within India. The Company makes no representation that the Site is appropriate or available in locations outside of India. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable laws.

COPYRIGHT POLICY

The ScoreTab Application (hereinafter "Application") and its associated contents are the property of SCORETAB INDIA PRIVATE LIMITED (hereinafter "ScoreTab"). The Application is the property of ScoreTab, and ScoreTab grants you a limited licence to access and use the Application pursuant to its Terms of Use Agreement. ScoreTab provides its users with factual and statistical information regarding sports. Under United States law, factual and statistical information is not copyrightable because "[t]he sine qua non of copyright is originality." Feist Pub., Inc. v. Rural Telephone Serv. Co., Inc., 499 U.S. 340, 345 (1991). Since sports scores constitute facts, they "are not original and therefore may not be copyrighted." Id. at 350. This interpretation has been confirmed by numerous federal courts around the United States.

Consequently, ScoreTab will not respond to copyright claims related to its republication of factual or statistical information, and any attempts to issue a notification of infringement related to these protected areas will be met with a lawsuit pursuant to 17 U.S.C. § 512(f). ScoreTab will, however, respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). ScoreTab may expeditiously remove copyright-infringing materials from its Application, regardless of its liability, upon receipt of a notice that complies with the terms of the DMCA's § 512, located at 17 U.S.C. § 512(c)(3). ScoreTab, upon removal of any materials alleged to be infringing, will make a good-faith attempt to notify the owner or uploader of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).

If you believe that content hosted on the Application infringes upon your copyright rights, you may submit a notification pursuant to the DMCA by providing our registered Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on the Application.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit ScoreTab to locate the material.
  • Information reasonably sufficient to permit ScoreTab to contact you, such as an address, telephone number, fax number, and, if available, an email address.
  • A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

ScoreTab will maintain a designated Copyright Agent to receive notifications of alleged infringement. You recognise that if you fail to comply with the requirements of the DMCA's notification requirements, your DMCA notice may not be processed. Notices of infringement may be sent to [email protected].

Counter-Notification

If you believe that content has been removed from the Application in error, you may file a counter-notification with ScoreTab's designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3). Upon receipt of a compliant counter-notification, ScoreTab may return the allegedly infringing content to the Application. A counter-notification must include:

  • Identification of the specific materials that have been removed from the Application.
  • Your name, address, telephone number, and email address.
  • A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  • A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the United States, that you consent to jurisdiction in any district in which ScoreTab may be found, and that you will accept service of process from the person who provided notification or their agent.
  • Your physical or electronic signature.