Terms of Use

TERMS OF USE
IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF SUPER11
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING SUPER11, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
1. USER AGREEMENT
Super11.in owns and operates the game ‘SUPER11’ available on the Website that links to these Terms of Use (“SUPER11” or “Website”). We are pleased to offer you access to our Website Super11.inand the ability to participate in our fantasy sports contests of skill by remitting a participation fee in cash games or merely registering for participation in free games, other content, products, services, and promotions (collectively the "Services") that we may provide from our Website, subject to these Terms of Use (the "Terms of Use", or “Terms”), our privacy policy (the "Privacy Policy") and the Official Rules and Regulations for the applicable contests and promotions (the "Rules" or "Rules and Scoring," and together with the Terms of Use and the Privacy Policy, the "Agreements").
2. CONSIDERATION
You agree to these Terms of Use by accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website (“User”). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE. These Terms of Use constitute a legal agreement between you and MEPL, and shall survive to your use of the Website and the Services even after termination.
3. MOBILE Application
These Terms of Use shall also apply to the use of the SUPER11 Mobile Application. These Terms of Use are intended to be in addition to the End User License Agreement of the relevant application provider like Google Play, Apple Store, Windows Store or any similar store for the Mobile Application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application.
4. ELIGIBILITY
Users must be at least 18 years of age to open an account on the Website (“ SUPER11 account”, participate in the games of skill, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents physically located outside India and states Assam, Orissa and Telangana are ineligible to open an account and participate in contests offered by the Website (the "Excluded States") and would be ineligible for prizes offered by the Website. Residents of the Excluded States are eligible to open and maintain accounts on the Website for use only in games that do not offer prizes. The Website at its sole discretion or the judiciary/government authority through an order/decree/judgment/direction may add additional states in the Excluded States. In such a case, the players from these states shall be ineligible to participate in the games of skill where prizes are offered. Any consideration/money/credit of the player, available with MEPL shall be put in a suspense bank account (which shall be interest free) till the time the judiciary/government authority expressly allows remittance of such consideration/money/credit in the concerned territory (state and/or country).
Users may establish only one SUPER11 account per person to participate in the Services offered on the Website. In the event MEPL discovers that you have opened more than one SUPER11 account per person, in addition to any other rights that MEPL may have, MEPL reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address or a Facebook identity by an Internet access provider, Google, Facebook, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses/Google ID/Facebook Id, for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website’s SUPER11 account. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
If any deposit is charged back, any winnings generated from MEPL contests shall be invalidated, forfeited and deducted from your SUPER11 account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. MEPL reserves the right to close your account – without notice – shall a deposit be charged back.
In the event a User’s SUPER11 account is found to be inactive or has an un-utilized balance, for a period of 335 days or more, MEPL/ SUPER11 shall have the right to suspend such an SUPER11 account.
MEPL/ SUPER11’s emples may use the Website, and will from time to time do so for the purpose of testing the site user experience, socializing with customers to build community, and other reasonable business continuity uses at the discretion of MEPL/ SUPER11.
5. CONTEST ENTRY
Users will be able to visit the Website and view the games available for entry (the "Contests” or “Tournaments"). Each individual Contest that is not free to enter has an entry fee listed in Indian National Rupees. When you select to participate in a Contest and complete the entry process, the listed amount of INR will be debited from your SUPER11 account.
It is hereby clarified that in order to facilitate the offering of the services to the Users, MEPL/ SUPER11 seeks to offer two kind of Contests, the guaranteed leagues Contests and the non-guaranteed leagues Contests. While in the guaranteed leagues Contests, the conduct of the Contest is guaranteed by MEPL/ SUPER11, subject to the compliance with these terms and conditions. For the non-guaranteed leagues Contests, in the event the requisite Users or any other enumerated, is not fulfilled, MEPL/ SUPER11 shall have the right to cancel the Contest and return the consideration to the SUPER11 account.


6. REFUND POLICY
All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered. Any refund shall only be made to the payment settlement system provider that has been used by the Authorized Account Holder to deposit money in the SUPER11 account. The Website shall endeavour to make a refund within 14 working days from the date when the refund query has been processed and the refund has been confirmed.
7. CONDITIONS OF PARTICIPATION
By entering a Contest, entrants agree to be bound by these Rules and the decisions of SUPER11, which shall be final and binding in all respects. SUPER11, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information SUPER11 deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:
• An emple of the Company or an immediate family member of such emple (an “Immediate Family Member” means a spouse, parent, sibling or child of an emple or anyone married to such a person);
• An emple or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;
• Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants of a Contest and that provides the entrant an advantage in such a Contest, including any information from any daily fantasy sport site or information from a sports governing body or a participating sportsperson or a team (e.g., pre-release injury information) (“Pre-Release Data”);
• An emple of a sponsor, consultant, or supplier of the Company or any other daily fantasy sports contest provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant’s participation in a Contest;
• An emple, operator or consultant to a sports governing body where such emple, operator or consultant is prohibited from participating in applicable Contests by such governing body;
• Any person prohibited from participating pursuant to a court order or a direction from an authority;
• Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Contest from any person who is prohibited from entering a Contest as provided in these Terms.
In addition, conduct that would be deemed improper also includes, but is not limited to:
• Falsifying personal information required to enter a Contest or claim a prize
• Engaging in any type of financial fraud to enter a Contest or claim a prize;
• Colluding with any other individual(s) or engaging in any type of syndicate play;
• Any violation of Contest rules or the Terms of Use;
• Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
• 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 bonus abuse, abuse of the refer-a-friend program, or abuse 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 entrants information and spamming other entrants; or
• Abusing the Website in any way
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent SUPER11 or MEPL from pursuing criminal or civil proceedings in connection with such conduct.
By entering/participating into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless SUPER11 and MEPL, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, emples, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. SUPER11 may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
MEPL and SUPER11 is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
MEPL and SUPER11 is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole discretion of MEPL or SUPER11 corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MEPL AND SUPER11 RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries become the property of MEPL and SUPER11 and will not be acknowledged or returned.
To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide MEPL or SUPER11 (as the case may be) with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, MEPL or SUPER11 will, in its sole and absolute discretion, utilize certain information collected by MEPL or SUPER11 to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by MEPL or SUPER11 of their status as a potential winner and continuing until such time when MEPL or SUPER11, informs them that they no longer need to do so that they will make themselves available to MEPL or SUPER11 for publicity, advertising, and promotion activities.
MEPL and SUPER11 reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by MEPL or SUPER11 in its sole discretion.
That in the event a Contest or part thereof, has been held to be invalid or performances based on which the Contest is operated, disqualified, MEPL or SUPER11 shall have the sole discretion to cancel the entire contest or part thereof and refund the consideration to the Authorized Account Holder, only if the prize pertaining to the Contest has not already been determined and remitted to the alleged winner.
8. CONTEST PRIZES AND PROMOTIONS
Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Use.

9. Legality of Game of Skill
1.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.
2.The Contest (s) described above (across the Fun Features) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket, cricket 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.
3.By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
10.Eligibility
The Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.
Super11 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 Assam, Odisha and Telangana may not participate in the paid version of the Contest as the laws of these states 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.
Only those Participants who have successfully registered on the Super11.co.in as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
11. CONTEST OF SKILL
Contests offered on the Website are contests or games of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Website and Contests may not be used for any form of illicit gambling.
12. CONTEST STATISTICS, DEFERRED AND LIVE SCORING
To the extent that we offer live or deferred statistics during gameplay, all live or deferred statistics and other information provided through the Website and related information sources are unofficial including the use of any mark or logo of the event for the sole purposes of reporting. At no instance does MEPL or SUPER11 claim to have any authorization from the owners of such logos/marks or any affiliation to the owners of such logos/marks.
Live or deferred sports statistics and their respective components are offered for informational purposes only and are not used to determine the results of our Contests. While MEPL/ SUPER11 and the third parties used to provide the SUPER11 Services use reasonable efforts to include accurate and up-to-date information, neither MEPL/ SUPER11 nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Website and related information sources. SUPER11 and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the SUPER11 Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
13. CONTEST RESULTS
Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest within 2 hours of the end of the Contest. Once Contest results are reviewed and graded, prizes are awarded. SUPER11 may obtain the score feed and other information required for the computation and tabulation of the Contest points from a third party service provider. In the rare event that any error in the computation or tabulation of the Contest points, selection of winner etc, as a result of inaccuracies in or incomplete feed provided by a third party service provider is brought to the notice of SUPER11, it shall use its best efforts to rectify such error prior to the distribution of the prizes. MEPL and SUPER11 hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not seek to make any representation or guarantees on the accuracy of such third party information. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments or disqualifications, made by the leagues at later times or dates, except in SUPER11/MEPL’s discretion.
14. PRIZES
At the conclusion of each Contest, prizes will be awarded through NEFT/RTGS on the following day except in circumstances where technical failure, affidavit of eligibility is required, inability of the Company to verify your compliance with these Terms, or other reasons prevent such timely pay out. Contest prizes are listed in our prize table list. In the event of a tie, prizes are divided evenly amongst the participants that have tied. For example if the prize for the winner is rupees ten and the runner-up is rupees six, in the event of a tie between the first and second place, the total prize between the first and second places i.e rupees sixteen is going to be divided equally amongst the tied winners. The next prize available to the user will be the third place prize, if any.
15. PRIZE TABLES
Contest prize payouts will be published with the creation of each new contest. SUPER11 reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by SUPER11 to its customers but will not be required.
16. PAYMENT AND WITHDRAWAL OF PRIZES
Winners are posted on the Website.
It is hereby clarified that all prizes or withdrawals, shall be remitted only after deduction of MEPL/ SUPER11’s administrative and maintenance fee, fee/charges payable to the relevant payment service provider as well as any applicable taxes/duties, that may be payable.
Before making any payment, MEPL/ SUPER11 may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance including a copy of the PAN Card and/or Aadhar Card and/or Voter ID. If MEPL/ SUPER11 requests that an entrant completes and executes such an affidavit and provide the requested information and the entrant fails to do so within seven (7) days, or MEPL/ SUPER11 otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, MEPL/ SUPER11 reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, MEPL/ SUPER11 may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.
Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Website. Please however note that any Bonus awarded by MEPL/ SUPER11 can only be used to play in cash games and cannot be withdrawn. Entrants may be requested to complete an affidavit of eligibility and a liability release (unless prohibited by law) and/or appropriate tax forms, PAN Card photocopy and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by MEPL/ SUPER11 in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.
MEPL/ SUPER11 shall endeavour to process withdrawal request within 14 business days, and shall remit the consideration only to the bank accounts/e-wallet/payment system provider through which the initial deposit was made. No cheques and/or demand drafts shall be posted. Promotional deposits, credits, and other bonuses may not be withdrawn from a SUPER11 account unless appropriate terms of the promotion are achieved first by the user.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event MEPL/ SUPER11 is required to deduct any tax before remitting the prize or pay any other tax pertaining to the prize, it shall deduct such money before remitting the same to the Authorized Account Holder. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, MEPL/ SUPER11 reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted, except that MEPL/ SUPER11 reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
Any withdrawal requests, after they are approved by MEPL/ SUPER11, will be credited back to the same method of payment used to deposit funds on the Website. MEPL/ SUPER11 will only release withdrawals to a different payment method other than that which was used to make deposit(s) after MEPL/ SUPER11 is satisfied at its sole discretion that the transaction is a legitimate transaction.
17.TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, MEPL/SUPER11 may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the SUPER11 Website. MEPL/ SUPER11 may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
18. DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MEPL ITS SUBSIDIARIES, ASSOCIATES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. MEPL/ SUPER11 DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MEPL/ SUPER11 DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, MEPL/ SUPER11 SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, MEPL ITS SUBSIDIARIES, ASSOCIATES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
MEPL/ SUPER11 ITS SUBSIDIARIES, ASSOCIATES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
19. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT MEPL/ SUPER11 LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL MEPL/ SUPER11, ITS SUBSIDIARIES, ASSOCIATES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "MEPL ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE MEPL ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE MEPL ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MEPL ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU AND ALL THE AUTHORIZED ACCOUNT HOLDERS COLLECTIVELY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE LAKH INDIAN NATIONAL RUPEES. MEPL ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MEPL/ SUPER11’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY MEPL AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY MEPL WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
20. INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the Capatain/MEPL’s trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to MEPL. However MEPL expressly disclaims any official status or affiliation, pertaining to any of the sport leagues or its constituents. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MEPL reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services including dissemination of information from a third party user account e.g Facebook account. When you provide User Submissions, you grant to MEPL and SUPER11, its parents, subsidiaries, associates, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of MEPL/ SUPER11, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to MEPL/ SUPER11, may result in account suspension or termination.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, emples, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You represent and warrant that you have all rights necessary to grant to MEPL/ SUPER11 the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
21. CONSENT TO JURISDICTION IN DELHI, ATTORNEY’S FEES
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), shall be under the exclusive jurisdiction of the courts in Delhi.
22. MISCELLANEOUS
These Terms of Use shall be governed by laws of India.
Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless MEPL Entities and Individuals, from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest. The Website may contain links to third party websites that are not owned or controlled by MEPL. MEPL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MEPL/ SUPER11 will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MEPL/ SUPER11 from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and MEPL/ SUPER11.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with MEPL/ SUPER11 or in any way affiliated or associated with the Contests.
Third-party online publishers that refer users to the Website shall not be responsible or liable for the Website or any of the content, software, or functions made available on, or accessed through, or sent from, the SUPER11 website.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MEPL? SUPER11's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provisions
MEPL/ SUPER11 reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of MEPL/ SUPER11 to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of MEPL (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.
In the event you or the Authorized Account Holder have any queries, issues, problems or complaints, these may be sent to [*].