Legal & Intellectual Property
• Zerovey includes a combination of content created by Zerovey, its partners, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying the Zerovey Services and material published on Zerovey, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Zerovey, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Zerovey either in whole or in part without express written license from Zerovey.
• Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Zerovey ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Zerovey. Users agree to indemnify and hold harmless Zerovey, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Zerovey, by such User or through the User's commissions or omissions.
• Users hereby grant to Zerovey and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of,distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:
◦ displaying Users' Content on Zerovey
◦ distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
◦ storing Users' Content in a remote database accessible by end users, for a charge.
◦ This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
• All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Zerovey(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Zerovey.
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 Zerovey 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 kabaddi 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.
Dispute and Dispute Resolution
• The courts of competent jurisdiction at Bangalore shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Zerovey Services provided by Zerovey (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Zerovey, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
• In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
• The place of arbitration shall be Bangalore, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
• The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
• Nothing contained in these Terms and Conditions shall prevent Zerovey from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Zerovey's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Zerovey to pursue any remedy for monetary damages through the arbitration described herein.
Release and Limitations of Liability
• Users shall access the Zerovey Services provided on Zerovey voluntarily and at their own risk. Zerovey 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 Zerovey Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
• By entering the Zerovey and accessing the Zerovey Services provided therein, Users hereby release from and agree to indemnify Zerovey, 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 Zerovey 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.
• Zerovey 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 of Zerovey Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Zerovey Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Zerovey 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 Zerovey on account of such act on the part of the Users.
• Users shall indemnify, defend, and hold Zerovey harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Zerovey or participation in any Contest. In no event shall Zerovey be liable to any User for acts or omissions arising out of or related to User's engagement with the Zerovey or his/her participation in any Contest(s).
• In consideration of Zerovey allowing Users to access the Zerovey Services hosted on the Zerovey, 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 Zerovey, 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 Zerovey Services or related to the Contests or the prizes of the Contests.