Player Agreement for MobileSportsLeague Services

Welcome to MSL,(www.mobilesportsleague.com or www.mobilesportsleague.in, hereinafter referred to as ‘the Website’ )! We hope you'll enjoy being a part of our community by participating in skill based gaming challenges, playoffs and tournaments using MSL middleware from time to time (collectively, “Tournaments”) and using other applications, tools and services that we may provide from time to time (together with Tournaments, the “Services”).

This Agreement is a contract between You (“User”) and MobileSportsLeague, (hereinafter referred to as ‘MSL’), a product developed by Duchsoft Solutions Private Limited. with principal office at D.G House, Plot no 129-A, Kandivali Co-operative Industrial Estate Ltd., Charkop, Kandivali West, Mumbai – 400067 and governs your use of all MSL Services. Using the MSL Services means that you must accept all of the terms and conditions contained in this Agreement. You should read all of these terms carefully.

YOU AGREE THAT THIS AGREEMENT SHALL BE EFFECTIVE AS TO ON AUGUST 7th, 2015

1. Eligibility:

By clicking “I Accept” as under, you hereby agree and acknowledge and undertake the following:

1.1 You are 18 years or older and are / If you are a minor, your parent or your guardian, on your behalf are, eligible to enter into contract as per the Indian Contract Act, 1872.

1.2 You have completed the registration process on MSL and have provided complete and accurate contact details and personal information required to play the Games using MSL middleware available on the Site and to receive the lawful proceeds of the Games as determined by the leader board from time to time (“Prizes”). At the time of registration for account access through the Site or Application(s), you must provide a valid email address, mobile number and supply a username and password to be used in conjunction with your account.

1.3 By entering into any of the Tournaments using MSL middleware from time to time, you are confirming that the rules of the Tournaments are not restricted or illegal or unenforceable in the jurisdiction in which you are physically located and you are located in the Eligible Territory. The ‘Eligible Territory' within India, is defined as being the territory of India excluding the states of Assam and Orissa. Please satisfy yourself as to the eligibility of the Tournaments in any jurisdiction in which you are located.

1.4 Residents of the ineligible jurisdictions are eligible to open and maintain accounts for “play for glory(No Reward Amount)” tournaments and participate in such tournaments offered by MSL that do not include prizes

1.5 MSL makes no representations or warranties, express or implied, as to the lawfulness of your participating in any competition or use of Services, nor has MSL made any solicitations or invitations for the use or purchase of goods or services that are prohibited by law in your jurisdiction nor shall any person affiliated, or claiming affiliation, with MSL have authority to make any such representations or warranties, solicitations or invitations.

1.6 If you do not meet the eligibility requirements, then do not use the Site and do not use any of the Application(s). In addition to any other rights that MSL may have in law or equity, MSL reserves the right to suspend or terminate your or any other User’s account (and terminate, withhold or revoke the awarding of any prizes associated with such accounts) that does not meet the foregoing requirements. MSL may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.

1.7 You have downloaded the Games (hosting the tournament) directly from any online marketplace or distribution platform licensed/authorised to distribute the Game, on your gaming device. You agree and you are aware that (i) any illegal method of acquiring the Games such as copying, transferring or downloading the Games from any unauthorised app store (ii) entering the Tournaments or playing the Games on any rooted gaming device, or devices containing pirated / unoriginal / unlicensed software and / or operating systems – will result in your participation being deemed void ab initio, and you will not be eligible to participate in any of the Live Tournaments and/or redeem Prizes.

1.8 Please ensure that you have read and are satisfied by our privacy policy www.mobilesportsleague.in/PrivacyPolicy

If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice and you hereby agree that you shall have no right to take any remedial recourse of legal or whatsoever nature in such regards.

2. General Terms

2.1 All tournaments will begin promptly at the scheduled time stated in the Tournament pop-up, app, and website. We reserve the right to delay or cancel a tournament without prior notice for valid reasons as ascertained by us without any disclosure obligations.

2.2 Important information about each tournament, including the total prize money, start and end date/time of tournament, prize distribution structure, winning criteria etc. can be found on the tournament page on the app and website. We reserve the right to change the parameters of any tournament at any time without notice. While we will post notices on the Website of any material changes, and you can see when these Terms were last revised by referring to the website mentioned above. Your continued participation in Tournaments and/or use of MSL middleware or Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time

2.3 Tournament participants can play the game any number of times during the Tournament span to obtain best rank in the leader board.

2.4 The tournament ends at the stipulated time set by the game developer or tournament creator, declared before the start of the tournament

2.5 By participating in the Tournament, the winner agrees that we may use the winner’s name, image or likeness in any manner and in any medium for our promotional purposes without additional compensation, except where prohibited by law.

2.6 We reserve the right to modify / alter / update the rules, or cancel, modify, or suspend the tournament for any reason including but not limited to technical glitches, employment of unfair means, bugs, unauthorized intervention of any third party, and security purposes. The decisions of the management are final in all matters.

2.7 You are prohibited from undertaking any activity through the Services or the Website that may be construed as money laundering (either under the Prevention of Money Laundering Act, 2002 or otherwise), including, without limitation, deliberately losing Tournaments to particular User(s), other forms of collusive or fraudulent activity designed to transfer funds to or from other individuals, or making cash credits through a credit card or similar financial instrument and attempting to make cash withdrawals in another form without participating in the Tournaments and we reserve the right to check or hold your transactions pending review, to conduct a check on any transactions resembling money laundering activity or suspected fraud, and to report any suspicious transactions to the relevant authorities.

2.8 We will not process claims of account balance below Rs.200 and you agree to cover the cost of any processing fees, as applicable. Amount can be claimed only via authorised digital wallets available on MSL website. You need to have a valid digital wallet account as applicable to claim the prize money.

2.9 You cannot claim money received via “Send Money” feature.

2.10 The time taken to credit the claimed amount to the user's digital wallet is at the sole discretion of MobilESportsLeague. The user therefore agrees to comply with the time taken for processing the claims and crediting the claimed amount to the user's digital wallet.

2.11 The leader board results shall be declared within 48 hours of the end of the Tournament. Such time may vary depending on the data traffic from time to time. Any score submitted after the official Tournament closure time will not be accepted. Also no new user can enter the tournament once it has ended.

2.12 You are prohibited from posting, publishing or otherwise making available to other Users through our Services or Website, any content which is obscene, defamatory, illegal, prejudicial to MSL, or is otherwise offensive without being illegal.

2.13 For testing and development purposes only, authorised MSL employees can only play in tournaments. Such player/testers shall not be eligible to win prizes. MSL consultants or promoters of the Site may play in tournaments in their individual capacity without limitation. When an MSL consultant or promoter plays in a tournament, MSL will disclose their affiliation with MSL. These individuals have no access to non-public data or any other data not provided to all players and will receive no other advantages in their play.

2.14 You acknowledge, consent and agree that MSL may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of MSL, its Users and the public.

2.15 MSL may also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MSL, by way of sending an email to the User’s registered email address or posting notifications in the User accounts or on the website www.MobileSportsLeague.com. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MSL. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MSL.

3. Winner Declaration

The winners of the tournament shall be announced at the end of the tournament based on the winning criteria set by the game developer/ tournament creator, prior to the tournament. If two or more players have the same score, the user who first joined the tournament shall have the advantage and shall be declared as the winner among the two (not applicable for Knock Out tournaments, in which case the Entry fee shall be refunded in full to the user` account) .

If the prize won by the player is in decimals (or floating point) then it shall be floored (rounded off to the nearest lower value). eg .If the player wins Rs. 99.99 then the amount which shall be credited to the player's a/c shall be Rs. 99

4. Prizes:

4.1 Winners and Prize announcements shall be made on the MSL mobile application and Website.

5. Technical Issues:

5.1 In the event of a server crash, technical glitch, or any such event, the Tournament shall either be paused or cancelled, dependent on the situation and sole discretion of MSL.

5.2 Also, if and when we update the Software or deploy patches, updates, and modifications to the Software, we may do so through remote access of your Gaming Device without your knowledge. You hereby consent to these activities. You acknowledge that if we cannot remotely access your Gaming Device, then the MSL software may no longer work, and this may prevent you from participating in Tournaments or otherwise receiving Services. Our access to your Gaming Device will be limited only for purposes of providing support or updating the MSL middleware, and is governed by the terms of our Privacy Policy.

5.3 You are prohibited from attempting to modify, decompile, reverse-engineer or disassemble the Software or the games which are using the MSL middleware in any way. The use of external player assistance programs ("EPA Programs") or artificial intelligence, including, without limitation, ‘robots’ are strictly forbidden in connection with the Services or the Website or the Tournaments or the Games. All actions taken in relation to the Games by You must be executed personally by You through the user interface accessible by use of the Website and/or the Software. You agree that MSL may take steps to detect and prevent the use of EPA Programs, robots/ bots, or any form of artificial intelligence. Such action may include, but is not limited to, the examination of software programs running concurrently with the MSL Middleware on your Gaming Device.

5.4 MSL obtains player information, scores and other tournament related information required for the computation and tabulation of MSL account through data feeds from third party service provider(s). If any error in the computation or tabulation of MSL account, selection of winners, etc., results from inaccuracies in or incompleteness of such data feeds provided by the third party service provider, MSL shall use commercially reasonable efforts to rectify such error prior to the distribution of prizes. However, MSL relies on the accuracy and completeness of such third party data feeds and does not itself warrant or make any representations concerning the accuracy thereof. You agree that, under no circumstance MSL shall be liable for inaccuracies in computation and tabulation of MSL points or the selection of winners because of any inaccurate or incomplete data received from any such third party service provider.

5.5 MSL is not responsible for any loss due to network issues, device faults, device personal settings or any external factor at the user's end. Any loss occurring due to any of these reasons is the sole responsibility of the user.

6. Ethics

6.1 Any action intended to help another player is unethical and is prohibited. Unethical play, such as modifying scores, playing on the behalf of another player is trackable and shall lead to termination of user account, and legal action. Any user participating using more than one player id in tournaments will lead to termination of all accounts of such user.

6.2 You are prohibited from undertaking any activity which may be harmful to other Users or interfere with the functioning of the Website or the Services, including but not limited to attempting to decompile the Software, intercept communications with the Website, attempting to mask or spoof your IP address, or uploading or spreading viruses or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws as may be in force in India).

7. International Users.

The Site, Application(s) and Services can be accessed from countries around the world and may refer Services and Content that are not available in your country. These references do not imply that MSL intends to announce such Services or Content in your country. The Site, Application(s) and Services are controlled and offered by MSL from its facilities in India. MSL makes no representations that the Site, Application(s) and Services are appropriate or available for other locations. Those who access or use the Site, Application(s) and Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

8. Account Password & Security

8.1 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. Your liability for such charges shall continue after termination of this Agreement. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. MSL will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

8.2 You acknowledge and agree that MSL is authorized to act on instructions received through use of your username and password, and that MSL may, but is not obligated to, deny access or block any transaction made through use of your username and password without prior notice if we believe your username and password are being used by someone other than you, or for any other reason.

9. Publicity

By entering a tournament, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected tournament and/or other tournaments, unless otherwise prohibited by law. MSL, its affiliates and its partners reserve the right to make public statements about the Users and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following any tournament. In all disputes arising out of the determination of the winner of tournaments, MSL is the sole judge and its actions are final and binding. Users agree that MSL may announce any winner's name on-air or on any of its websites at any time in connection with the marketing and promotion of tournaments or other contests or games powered by MSL.

10.Intellectual Property

10.1 The Site and Application(s) contain material, such as software, scripts, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of MSL, its affiliates and/or its partners (collectively referred to as the “Content”). The Content and all intellectual property rights therein (“Intellectual Property”) may be owned by us or by third parties. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and the Intellectual Property, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.

10.2 The trademarks, service marks, and logos of MSL (the “MSL Trademarks”) used and displayed on the Site and Application(s) are registered and unregistered trademarks or service marks of MSL and its affiliates. Other company, product, and service names located on the Site and Application(s) may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the MSL Trademarks, the “Trademarks”). Nothing on the Site or Application(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MSL Trademarks inures to our benefit.

10.3 If you violate any part of this Agreement, your permission to access and/or use the Content, the Site and Application(s) automatically terminates and you must immediately destroy any copies you have made of the Content.

11. User Provided Content

11.1 Some of the Services on our Site and Application(s) provide you with the ability to post, create and/or transmit audio, video, text, or other content to through the Site and Application(s) (collectively, “User Provided Content”).

11.2 When you provide User Provided Content, you grant to MSL, its affiliates, and its partners a non-exclusive, worldwide, perpetual, royalty-free, fully sub-licensable, license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Provided Content, and your name, voice, likeness and other identifying information where part of User Provided Content, 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 Provided Content.

11.3 We have no obligation to monitor User Provided Content, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Provided Content or any loss or damage resulting from User Provided Content. You also agree that we may refuse or remove a User Provided Content without notice to you.

11.4 If you delete User Provided Content, our general license to that User Provided Content will end after a reasonable period of time required for the deletion to take full effect. However, the User Provided Content may still exist in our backup copies, which are not publicly available. If your User Provided Content is shared with third parties, those third parties may have retained copies of your User Provided Content. In addition, if we made use of your User Provided Content before you deleted it, we will continue to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Provided Content. Terminating your account will not automatically delete your User Provided Content.

11.5 Except as provided in our Privacy Policy, we do not guarantee that User Provided Content will be private, even if User Provided Content is in a password-protected area. You should not provide User Provided Content that you want protected from others.

11.6 You represent and warrant that you have all rights necessary to grant to MSL the license above and that none of your User Provided Content are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

11.7 You also agree that your user provided content does not use, display, upload, modify, publish, transmit, update, share or store any information that belongs to another person and has been used without such person’s valid consent. MSL strictly prohibits and will take suitable actions in case it is found that the user generated content:

a) is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

b) harms or endangers minors in any way;

c) infringes any patent, trademark, copyright or other proprietary rights;

d) violates any law for the time being in force;

e) Discloses sensitive personal information of other person or to which You do not have any right.

f) causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g) impersonates another person; or

h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

12. External Sites

The Site may contain links to third-party websites (“External Sites”), but MSL does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

13. Copyright Complaints

If you believe the Site, Application(s) or Services contain any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

I. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

II. A description of the copyrighted work that you claim has been infringed;

III. A description of where the material that you claim is infringing is located on the Site;

IV. Your address, telephone number and email address;

V. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

VI.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to

Copyright Agent, MobileSportsLeague
Duchsoft Solutions Private Limited
D.G. House, Plot No. 129-A,
Kandivali Cooperative Industrial Estate Ltd.
Opp. Pam Lab,
Charkop, Kandivali West,
Mumbai – 400067
INDIA

14. Taxes.

14.1 Tournament winners shall be responsible for and comply with payment of any applicable tax, including but not limited to, income tax, sales tax, gift tax, etc. with respect to the prize. The prize may be subject to withholding or deduction on account of any tax due on the same in accordance with applicable law. In the event that the awarding of any prizes to winners of tournaments is challenged by any legal authority, MSL reserves the right in its sole discretion to determine whether or not to award such prizes.

14.2 Because applicable tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax obligations, in consultation with tax advisors. We cannot and do not offer tax advice to Users.

15. Electronic Communications.

The communications between you and MSL use electronic means, whether you visit the Site or Application(s) or send MSL e-mails, or whether MSL posts notices on the Site or Application(s) or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from MSL in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MSL provides to you electronically satisfy any legal requirement that such communications would satisfy if it was in writing. The foregoing does not affect your statutory rights.

16.Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations hereunder due to strikes, labour disputes, riots, storms, floods, explosions, accidents, acts of God, acts or orders of government, war, terrorism, the failure of vendors or other sponsors to perform, the loss, destruction, breakdown, seizure or confiscation of vehicles or equipment, media event cancellations or any other cause or causes which are beyond its reasonable control. You understand and acknowledge the complex and expeditionary nature of the Longitude Expedition and shall not be entitled to any reimbursement or restitution in the event that MSL fails to commence or complete the Longitude Expedition.

17. INDEMNIFICATION

You hereby fully indemnify, defend and hold harmless MSL and its respective employees and officers, from and against any and all Losses, incurred or suffered by MSL directly or indirectly based upon, as a result or arising out of, or in relation to or otherwise in respect of Your participation in a Tournament powered by MSL

“Loss” or “Losses” for the purpose of this Clause means and includes any and all actual losses, liabilities, obligations, claims, actions, suits, judgments, awards, fines, penalties, taxes, fees, settlements and proceedings, royalties, deficiencies, damages, charges, costs (including costs of investigation, remediation or other response actions), interests, reasonable out-of-pocket expenses, attorneys’ and accountants’ fees and disbursements, incurred by MSL in respect of any claims against MSL in respect of You using the services of MSL.

18.Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law such provision will be severable and this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof and the remaining provisions of this Agreement shall remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.

19.Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.

20.Section Titles.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

21.Dispute Resolution.

21.1 To the maximum extent permitted under applicable law, any claim, dispute or controversy of whatsoever nature ("claim") arising out of or relating to these terms and/or our software or services must be resolved by final and binding arbitration by a sole arbitrator appointed by MSL and any such decision will be final and binding. The venue of the arbitration will be Mumbai.

21.2 Subject to the procedure set out in clause 20.1 above, registration with MSL, use of MSL Services will be governed by the laws of India, and subject to the exclusive jurisdiction of the courts at Mumbai.

22.User restrictions

22.1 Anti-cheating and Anti-Collusion

  • You undertake that you yourself will play in all Games in which you have registered/joined and not use any form of external assistance to play. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Website or use any third-party software that intercepts, mines or otherwise collects information from or through the Website or through any Services. Any attempt to employ any such external assistance is strictly prohibited.
  • Formation of teams and collusion between you and any other user(s) for participating in the tournament organized/created on the Website or any other form of cheating is strictly prohibited.
  • When collusion or cheating is detected, MSL reserves complete rights to take any appropriate action not limited to suspending the account and blocking the usage of any money that the user has withheld in its MSL account.

22.2 Money Laundering

  • You are prohibited from doing any activity on the Website/any MSL application that may be construed as money laundering, including, without limitation, attempting to withdraw cash from unutilized cash added through credit cards or deliberately losing money to a certain player(s).

22.3 Multiple IDs

  • Your registration on the Website/application is restricted to a single user account which will be used by you to avail of the Services provided by MSL. You are prohibited from creating or using multiple user IDs for registering on MSL website/application.

22.4 Winnings, bonuses and prizes are unique to the player and are non-transferable. In the event you attempt to transfer any winnings, bonuses or prizes, these will be forfeited.

23. Withdrawals/Claiming Money

23.1 The user can withdraw/claim only the amount that the player has won by playing cash tournaments. No other form of money is eligible to be claimed.

23.Disclaimer

23.1 You acknowledge that the MSL may not be uninterrupted or error free or virus free and MSL disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the services for a particular purpose. You also acknowledge that the arrangement between one or more Acquiring Banks and MSL or between one or more Facility Providers and MSL may terminate at any time and services by such Facility Providers and Acquiring Banks may be withdrawn. MSL shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of the Customer's access to and/or use of the Payment Gateway Services; interruption or stoppage of MSL ; non availability of connectivity between the Client's website and MSL service etc. MSL does not warrant that MSL services, the Facility Providers facilities and the Acquiring Bank's Payment Mechanism will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro.

23.2 MSL’s sole obligation and Your sole and exclusive remedy in the event of interruption shall be to use all reasonable endeavours to restore the said services as soon as reasonably possible.

23.3 You and MSL agree that each one of them is an independent entity and nothing here under shall make them partners, employees, agents or representatives of one another. Neither You or MSL shall make any representation that suggests otherwise.

23.4 You fully understand that MSL shall provide Services/Platform here under to you on a strictly non-exclusive basis and therefore nothing contained herein shall prohibit MSL from furnishing similar services/Platform to others, including your competitors.

23.5 MSL disclaims liability for any risk or loss resulting to you from your participation in Cash Tournaments, including all risk of financial loss.

You undertake to have read and abide by the above terms and conditions.

Sponsor Agreement for MobileSportsLeague Services

Welcome to MSL,(www.mobilesportsleague.com or www.mobilesportsleague.in, hereinafter referred to as ‘the Website’ )! We look forward to working with You and we hope You'll enjoy being a part of our community and using other applications, tools and services that we may provide from time to time (together with the MSL Platform, the “Services”)

This Agreement is a contract between You (“Sponsor”) and MobileSportsLeague, (hereinafter referred to as ‘MSL’), a product developed by Duchsoft Solutions a division of Duchsoft Solutions Private Limited. with principal office at D.G House, Plot no 129-A, Kandivali Co operative Industrial Estate Ltd., Charkop, Kandivali West, Mumbai – 400067 and governs Your use of all MSL Services. Using the MSL Services means that You must accept all of the terms and conditions contained in this Agreement. You should read all of these terms carefully.

YOU AGREE THAT THIS AGREEMENT SHALL BE EFFECTIVE AS TO ON AUGUST 7th, 2015

1.Eligibility and Registration

By clicking “I Accept” as under, You hereby agree and acknowledge and undertake the following:

1.1 If You are an individual or sole proprietor/single person business and eligible to enter into a contract as per the Indian Contract Act, 1872 (“You”) .Or

1.2 If You are 18 years or older and are / If You are a minor, Your parent or Your guardian, on Your behalf are, eligible to enter into contract as per the Indian Contract Act, 1872 (“You”).or,

1.3 If You’re enrolling Your organization then as the person enrolling Your organization with MSL, You must have the legal authority to bind Your organization to legal agreements. You must be the organization’s owner/founder, or have legal authority granted to You by the owner/founder/Marketing Head.(“You”).

1.4 You have completed the registration process on the MSL Platform and have provided complete and accurate contact details and personal information required for registration as a Sponsor.

1.5 MSL may notify You of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MSL, by way of sending an email to the Your registered email address or posting notifications in the Your accounts or on the website. You may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MSL. If such options are not exercised by You within the time frame prescribed in the email or notification, You will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MSL

1.6 Please ensure that You have read and are satisfied by our privacy policy www.mobilesportsleague.in/PrivacyPolicy

2. MSL Sponsorship Program

2.1 You can select the games hosted on MSL(www.mobilesportsleague.com/Games or www.mobilesportsleague.in/Games) which You wish to sponsor

2.2 The per user impression cost is defined by the Game Developer which You accept and agree to once You sponsor a tournament on the said game. E.g. If the game developer has kept Rs.10 as the minimum cost of participation of each player on a sponsored tournament then if You have sponsored Rs.1000 then the maximum no of players that can participate in Your tournament will be 100.

2.3 Once You have applied for sponsorship for a tournament on a Game, the Game Developer of the said game has to approve Your sponsorship request. Your tournament will not be live till the Game Developer has approved Your sponsorship request. The game developer has all the rights to reject Your sponsorship request. MSL does not facilitate any communication or reason from the Game Developer on account of which the game developer has decided to disapprove Your sponsorship request.

2.4 MSL will provide Leaderboard advertisement space or publication space for advertising prepared by Sponsor or Sponsor's agency. Advertising production, talent charges, and service charges, if any, are not covered under this Agreement.

3.Representations, Warranties and Ongoing Covenants

3.1 By clicking ‘I Accept’ below, You represent the following: Your content for sponsorship does not use, display, upload, modify, publish, transmit, update, share or store any information that [1] :

a) belongs to another person and has been used without such person’s valid consent;

b) is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c) harms or endangers minors in any way;

d) infringes any patent, trademark, copyright or other proprietary rights;

e) violates any law for the time being in force;

f) discloses sensitive personal information of other person or to which You do not have any right;

g) causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h) impersonates another person; or
i)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

4.Technical Issues

4.1 In the event of a server crash, technical glitch, or any such event, the Tournament will either be paused or cancelled, dependent on the situation and sole discretion of MSL.

4.2 You are prohibited from attempting to modify, decompile, reverse-engineer or disassemble the Software in any way. The use of external player assistance programs ("EPA Programs") or artificial intelligence, including, without limitation, ‘robots’ is strictly forbidden in connection with the Services or the Website or the Tournaments or the Games. All actions taken in relation to the Games by You must be executed personally by You through the user interface accessible by use of the Website and/or the Software. You agree that MSL may take steps to detect and prevent the use of EPA Programs, robots/ bots, or any form of artificial intelligence. Such action may include, but is not limited to, the examination of software programs running concurrently with the MSL Software on Your Game.

4.3 MSL obtains player information, scores and other tournament related information required for the computation and tabulation of MSL account through data feeds from third party service provider(s). If any error in the computation or tabulation of MSL account, selection of winners, etc., results from inaccuracies in or incompleteness of such data feeds provided by the third party service provider, MSL shall use commercially reasonable efforts to rectify such error prior to the distribution of prizes. However, MSL relies on the accuracy and completeness of such third party data feeds and does not itself warrant or make any representations concerning the accuracy thereof. You agree that, under no circumstance shall MSL be liable for inaccuracies in computation and tabulation of MSL account or the selection of winners because of any inaccurate or incomplete data received from any such third party service provider.

5. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations hereunder due to strikes, labour disputes, riots, storms, floods, explosions, accidents, acts of God, acts or orders of government, war, terrorism, the failure of vendors or other sponsors to perform, the loss, destruction, breakdown, seizure or confiscation of vehicles or equipment, media event cancellations or any other cause or causes which are beyond its reasonable control. Sponsor understands and acknowledges the complex and expeditionary nature of the Longitude Expedition and shall not be entitled to any reimbursement or restitution in the event that MSL fails to commence or complete the Longitude Expedition.

6. Account Password & Security

6.1 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. Your liability for such charges shall continue after termination of this Agreement. If You have reason to believe that someone is using Your account without Your permission, You should contact us immediately. MSL will not be responsible for any loss or damage resulting from Your failure to notify us of unauthorized use.

6.2 You acknowledge and agree that MSL is authorized to act on instructions received through use of Your username and password, and that MSL may, but is not obligated to, deny access or block any transaction made through use of Your username and password without prior notice if we believe Your username and password are being used by someone other than You, or for any other reason.

7.Publicity

By sponsoring a tournament using MSL, You consent to the use of Your (individual and/or the organisation on behalf of whom You have enrolled) name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected tournament and/or other tournaments, unless otherwise prohibited by law.

8.Intellectual Property

8.1 The Site and Application(s) contain material, such as software, scripts, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of MSL, its affiliates and/or its partners (collectively referred to as the “Content”). The Content and all intellectual property rights therein (“Intellectual Property”) may be owned by us or by third parties. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and the Intellectual Property, and You will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.

8.2 The trademarks, service marks, and logos of MSL (the “MSL Trademarks”) used and displayed on the Site and Application(s) are registered and unregistered trademarks or service marks of MSL and its affiliates. Other company, product, and service names located on the Site and Application(s) may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the MSL Trademarks, the “Trademarks”). Nothing on the Site or Application(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MSL Trademarks inures to our benefit.

8.3 If You violate any part of this Agreement, Your permission to access and/or use the Content, the Site and Application(s) automatically terminates and You must immediately destroy any copies You have made of the Content.

9.User Provided Content

9.1 Some of the Services on our Site and Application(s) provide You with the ability to post, create and/or transmit audio, video, text, or other content to through the Site and Application(s) (collectively, “User Provided Content”).

9.2 When You provide User Provided Content, You grant to MSL, its affiliates, and its partners a non-exclusive, worldwide, perpetual, royalty-free, fully sub-licensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Provided Content, and Your name, voice, likeness and other identifying information where part of User Provided Content, 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 Provided Content.

9.3 We have no obligation to monitor User Provided Content, and You agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Provided Content or any loss or damage resulting from User Provided Content. You also agree that we may refuse or remove a User Provided Content without notice to You.

9.4 If You delete User Provided Content, our general license to that User Provided Content will end after a reasonable period of time required for the deletion to take full effect. However, the User Provided Content may still exist in our backup copies, which are not publicly available. If Your User Provided Content is shared with third parties, those third parties may have retained copies of Your User Provided Content. In addition, if we made use of Your User Provided Content before You deleted it, we will continue to make, duplicate, redistribute, and sublicense those pre-existing uses, even after You delete the User Provided Content. Terminating Your account will not automatically delete Your User Provided Content.

9.5 Except as provided in our Privacy Policy, we do not guarantee that User Provided Content will be private, even if User Provided Content is in a password-protected area. You should not provide User Provided Content that You want protected from others.

9.6 You represent and warrant that You have all rights necessary to grant to MSL the license above and that none of Your User Provided Content are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

10. Indemnification

10.1 You hereby undertakes and agrees to indemnify MSL, its Facility Providers and Acquiring Banks and hold MSL, its Facility Providers and Acquiring Banks harmless and keep MSL, Facility Providers and Acquiring Banks including their officers, directors and agents at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:

a. Breach or non-performance by the Client of any of its undertakings, warranties,covenants, declarations or obligations hereunder; or

b. Any claim or proceeding brought by the Customer or any other person against MSL , the Facility Providers and the Acquiring Banks in respect of deficiency in the provision of Products and Service to its Customers;- or

c. Any negligent act or omission or default or misconduct or fraud of the Client or its agents or Customers or

d. Any hacking or lapse in security in the Website or the Customer data; or

e. Any act, deed, omission or non-performance on the part of the Client or its Customers.

10.2 The indemnities provided herein shall survive the termination of this Agreement

10.3 You hereby fully indemnify, defend and hold harmless MSL and its respective employees and officers, from and against any and all Losses, incurred or suffered by MSL directly or indirectly based upon, as a result or arising out of, or in relation to or otherwise in respect of Your sponsorship of a tournament on a Game.

“Loss”or“Losses” for the purpose of this Clause means and includes any and all actual losses, liabilities, obligations, claims, actions, suits, judgments, awards, fines, penalties, taxes, fees, settlements and proceedings, royalties, deficiencies, damages, charges, costs (including costs of investigation, remediation or other response actions), interests, reasonable out-of-pocket expenses, attorneys’ and accountants’ fees and disbursements, incurred by MSL in respect of any claims against MSL in respect of Your sponsorship of a tournament on a Game.

11.Liability

11.1 You agree, acknowledge and undertake that if any claims are brought against MSL in respect of Your Sponsorship of a tournament on a Game, then MSL shall not be held liable for any loss, damages or claims arising in respect of violations of Indian laws.

11.2 Further, in case of any claims as set out in Clause 11.1 being brought against MSL with respect to Your Sponsorship of a tournament on a Game, MSL shall be entitled to pursue any remedies available to it under applicable law against You notwithstanding the indemnification obligation contained in Clause 10 above.

12.Termination

12.1 You hereby agree and authorise MSL to terminate this agreement in case of any of the following events:

a) If You have not sponsored any Game / tournament for a period of 12 months, this Agreement shall automatically terminate and release the Parties from any and all further obligations and liabilities, save and except for the provisions that survive termination hereof and any liabilities incurred prior to termination;

b) MSL can terminate this Agreement for any reason whatsoever by providing prior written notice of [15 (fifteen) days].

12.2 Pursuant to termination of this Agreement, each Party will settle all outstanding dues and liabilities and will release each other from all future claims and liabilities, save and except for the provisions that survive termination hereof.

13.Miscellaneous

13.1 Assignment
i. You shall not be entitled to assign Your rights and obligations under this Agreement in any manner without our prior written consent.
ii. MSL reserves the right to assign its rights and obligations under this Agreement to any one or more of its affiliates.

13.2 Confidentiality: Neither Party shall, without the prior written consent of the other Party, disclose any information, content or data from this Agreement or any information, content or data pertaining thereto. This Clause will survive termination hereof.

14.Electronic Communications.

The communications between You and MSL use electronic means, whether You visit the Site or Application(s) or send MSL e-mails, or whether MSL posts notices on the Site or Application(s) or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from MSL in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MSL provides to You electronically satisfy any legal requirement that such communications would satisfy if it was in writing. The foregoing does not affect Your statutory rights.

15.Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law such provision will be severable and this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof and the remaining provisions of this Agreement shall remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.

16.Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.

17.Section Titles.

The section titles in the Terms are for convenience only and have no legal or contractual effect

18.Dispute Resolution

18.1 To the maximum extent permitted under applicable law, any claim, dispute or controversy of whatever nature ("claim") arising out of or relating to these terms and/or our software or services must be resolved by final and binding arbitration by a sole arbitrator appointed by MSL and any such decision will be final and binding. The venue of the arbitration will be Mumbai.

18.2 Subject to the procedure set out in clause 17.1 above, registration with MSL, use of MSL Services will be governed by the laws of India, and subject to the exclusive jurisdiction of the courts at Mumbai.

18.3 This Clause will survive termination hereof.

19. Disclaimer

19.1 You acknowledge that the MSL may not be uninterrupted or error free or virus free and MSL disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the services for a particular purpose. You also acknowledge that the arrangement between one or more Acquiring Banks and MSL or between one or more Facility Providers and MSL may terminate at any time and services by such Facility Providers and Acquiring Banks may be withdrawn. MSL shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of the Customer's access to and/or use of the Payment Gateway Services; interruption or stoppage of MSL; non availability of connectivity between the Client's website and MSL service etc. MSL does not warrant that MSL services, the Facility Providers facilities and the Acquiring Bank's Payment Mechanism will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro.

19.2 MSL’s sole obligation and Your sole and exclusive remedy in the event of interruption shall be to use all reasonable endeavors to restore the said services as soon as reasonably possible.

19.3 You and MSL agree that each one of them is an independent entity and nothing here under shall make them partners, employees, agents or representatives of one another. Neither You or MSL shall make any representation that suggests otherwise.

19.4 You fully understand that MSL shall provide Services/Platform here under to you on a strictly non-exclusive basis and therefore nothing contained herein shall prohibit MSL from furnishing similar services/Platform to others, including your competitors.

You undertake to have read and abide by the above terms and conditions.

Game Developer Agreement for MobileSportsLeague Services

Welcome toMobileSportsLeague ! We look forward to working with you and we hope you'll enjoy being a part of our community and using other applications, tools and services that we may provide from time to time (together with the MobileSportsLeague Platform, the “Services” )

This Agreement is a contract between You (“Game Developer”) and MobileSportsLeague (“MSL”), a product developed by Duchsoft Solutions Pvt. Ltd. with principal office at D.G House, Plot no 129-A, Kandivali Co operative Industrial Estate Ltd., Charkop, Kandivali West, Mumbai – 400067 and governs your use of all MobileSportsLeague Middleware Services. Using the MobileSportsLeague Services means that you must accept all of the terms and conditions contained in this Agreement. You should read all of these terms carefully.

YOU AGREE THAT THIS AGREEMENT SHALL BE EFFECTIVE AS TO ON AUGUST 7th, 2015

1.Eligibility and Registration

By clicking “I Accept” as under, you hereby agree and acknowledge and undertake the following:

1.1 If You are an individual or sole proprietor/single person business and eligible to enter into contract as per the Indian Contract Act, 1872 (“You”).Or

1.2 If You are 18 years or older and are / If you are a minor, your parent or your guardian, on your behalf are, eligible to enter into contract as per the Indian Contract Act, 1872 (“You”). Or

1.3 If you’re enrolling your organization then as the person enrolling your organization with MobileSportsLeague, you must have the legal authority to bind your organization to legal agreements. You must be the organization’s owner/founder, or have legal authority granted to you by the owner/founder. (“You”).

1.4 You have developed a game(s)(“Your Game(s)”) which fulfils all the pre-requisite conditions, including but not limited to those set out in Clause 2 below required to submit Your Game with the platform developed by MobileSportsLeague (“ MobileSportsLeague Platform ”).

1.5 By submitting Your Game(s) to the MobileSportsLeague Platform from time to time, you are confirming that the rules of the Tournaments are not restricted or illegal or unenforceable in the jurisdiction in which you are physically located and you are located in the Eligible Territory. The ‘Eligible Territory' within India, is defined as being the territory of India excluding the states of Assam and Orissa. Please satisfy yourself as to the eligibility of Your Games to be submitted to the Platform.

1.6 You have completed the registration process on the MobileSportsLeague Platform and have provided complete and accurate contact details and personal information required for registration as a Game Developer.

1.7 By registering with the required details, you agree and accept that your sensitive personal data or information of a person consisting of information relating to;—

a) password;

b) financial information such as Bank account or credit card or debit card or other payment instrument details;

c) any detail relating to the above clauses as provided to body corporate for providing service; and

d) any of the information received under above clauses

for processing, stored or processed under lawful contract or otherwise shall remain encrypted and shall not be made available to the public.

Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of this Clause.

1.8 MobileSportsLeague may also notify you of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MobileSportsLeague, by way of sending an email to your registered email address or posting notifications in the your accounts or on the website(www.mobilesportsleague.com or www.mobilesportsleague.in.You may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MobileSportsLeague. If such options are not exercised by you within the time frame prescribed in the email or notification, you will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by MobileSportsLeague.

1.9 Please ensure that you have read and are satisfied by our privacy policy(www.mobilesportsleague.in/PrivacyPolicy)

1.10 You acknowledge, consent and agree that MobileSportsLeague may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of MobileSportsLeague, its Users and the public.

2. Integration of your game on the platform

2.1 You agree, acknowledge and confirm that Your Game(s) meets all the pre-requisites of submitting Your Game to the MobileSportsLeague Platform as mentioned below:

(a) You will be required to register and provide basic information of your Game before you can download the relevant software required to integrate Your Game with the MobileSportsLeague Platform;

(b) You can register your Game via our website at www.MobileSportsLeague.com or www.MobileSportsLeague.in We reserve the right to remove Your Game(s) at any point during this Agreement, which has developed any technical glitches, or program bugs (cheat codes), from the MobileSportsLeague Platform until such bug(s) or glitches have been demonstrably removed from Your Game to our satisfaction;

(c) By submitting Your Game to the MobileSportsLeague Platform, you accept and acknowledge that players of Your Game will be required to agree to User Terms & Conditions and Privacy Policy;

(d) You are familiar with the provisions of Indian laws prohibiting non-skill based games from being played. You further agree, acknowledge and undertake that Your Game:
i. Requires use of sufficient knowledge, training, attention, experience and adroitness constituting use of skill. ii.Does not envisage a preponderance of use of chance or probability for winning the Game. iii.The game offers the exact same opportunities for all players participating in a tournament to win the game, without the influence of random luck that can be brought through a deck of cards, a roll of the dice, random number generation or mix or colours/tiles changing the level of difficulty from player to player.

(e) By submitting Your Game, you declare and acknowledge that you have no objection if we embed strategically placed, unobtrusive advertisements targeted at the players of Your Game. Further, you agree and undertake that you shall not place any advertisements, sponsor messages or any other unauthorized material that does not pertain to the framework or game play of Your Game in thetournament mode which are facilitated or provided through MobileSportsLeague.

2.2 However, notwithstanding anything to the contrary contained herein, MobileSportsLeague hereby reserves the right to cause and / or carry out random inspections and verifications of Your Game to ensure, inter alia, compliance with the legal compliance and pre-requisites as set out in this Clause. Further, MobileSportsLeague reserves the right to deem certain Games inappropriate for use regardless of meeting all standard requirements.

2.3 Immediately upon confirmation of receipt of any monies from any sponsor providing sponsorship for the Tournament of your game, You shall be informed within twenty four (24) hours. You need to approve of such sponsorship within 72hours of notification. In case if you fail to take action, it will be assumed that you have approved of such sponsorship.

3. Earnings

3.1 You are entitled for 40% to 50% of the balance MobileSportsLeague points of the total MobileSportsLeague points collected in the tournament (including Sponsorship MobileSportsLeague points, if any, on sponsored tournaments) after all deductions of the revenue i.e. sum of (i) the rewards being distributed to the players and (ii) the reward being given to the creator of user created tournaments. Your share is determined dynamically depending upon the no of players in the tournament, no of downloads of your game and total earning on your game using MobileSportsLeague till date. All your earnings are credited to your account in the form of MobileSportsLeague points

3.2 On approving a sponsorship that you have received for a tournament on your game, you will be entitled to receive MobileSportsLeague points which shall be directly deposited into your MobileSportsLeague account.

3.3 MobileSportsLeague points can be redeemed only via authorised digital wallets available on MobileSportsLeague website or any other authorised/valid/legal medium for transaction as determined by MobileSportsLeague from time to time. You need to have a valid digital wallet account as applicable to redeem the prize money. You agree to cover the cost of any processing fees, as applicable for redemption of MobileSportsLeague points.

4. Sponsorships

Immediately upon confirmation from any sponsor providing sponsorship for the Tournament of your game, You shall be informed within twenty four (24) hours. You need to approve of such sponsorship within 72hours of notification. In case if you fail to take action, it will be assumed that you have approved of such sponsorship.

5. Representations, Warranties and Ongoing Covenants

5.1 By clicking ‘I Accept’ below, you represent the following: Your Game does not use, display, upload, modify, publish, transmit, update, share or store any information that [1] :

a)belongs to another person and has been used without such person’s valid consent;

b)is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c)harms or endangers minors in any way;

d)infringes any patent, trademark, copyright or other proprietary rights;

e)violates any law for the time being in force;

f)Discloses sensitive personal information of other person or to which You do not have any right. Further the source code of Your Game has not been previously published and no person has unauthorized access to the source code of Your Game;

g)causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h)impersonates another person; or
i.Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. Further, you undertake that the source code of Your Game contains sufficient encryption and other relevant and applicable protections to ensure adequate defences against malicious attacks, attempts at data theft and unauthorized access.

5.2 If MobileSportsLeague obtains actual knowledge by itself or it is brought to MobileSportsLeague’s actual knowledge by an authority mandated under the law for the time being in force in writing or through email signed with electronic signature about any such information as mentioned in Clause 3.1 above, MobileSportsLeague shall within thirty six (36) hours of such notification, work with user or owner of such information to remove access to such information that is claimed to be infringing or to be the subject of infringing activity, including but not limited to notifying You, at the contact details provided by you, about the alleged infringement and giving you an opportunity to be heard as per the principles of natural justice. However, if we do not find Your explanation satisfactory, we reserve the right to revoke your registration and ban Your Game(s) from the Tournament.

6. Technical Issues:

6.1 In the event of a server crash, technical glitch, or any such event, the Tournament will either be paused or cancelled, dependent on the situation and sole discretion of MobileSportsLeague.

6.2 You are prohibited from attempting to modify, decompile, reverse-engineer or disassemble the Software in any way. The use of external player assistance programs ("EPA Programs") or artificial intelligence, including, without limitation, ‘robots’ is strictly forbidden in connection with the Services or the Website or the Tournaments or the Games. All actions taken in relation to the Games by You must be executed personally by You through the user interface accessible by use of the Website and/or the Software. You agree that MobileSportsLeague may take steps to detect and prevent the use of EPA Programs, robots/ bots, or any form of artificial intelligence. Such action may include, but is not limited to, the examination of software programs running concurrently with the MobileSportsLeague Software on your Game.

6.3 MobileSportsLeague obtains player information, scores and other tournament related information required for the computation and tabulation of MobileSportsLeague points through data feeds from third party service provider(s). If any error in the computation or tabulation of MobileSportsLeague points, selection of winners, etc., results from inaccuracies in or incompleteness of such data feeds provided by the third party service provider, MobileSportsLeague shall use commercially reasonable efforts to rectify such error prior to the distribution of prizes. However, MobileSportsLeague relies on the accuracy and completeness of such third party data feeds and does not itself warrant or make any representations concerning the accuracy thereof. You agree that, under no circumstance shall MobileSportsLeague be liable for inaccuracies in computation and tabulation of MobileSportsLeague points or the selection of winners because of any inaccurate or incomplete data received from any such third party service provider.

7.Account Password & Security

7.1 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. Your liability for such charges shall continue after termination of this Agreement. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. MobileSportsLeague will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

7.2 You acknowledge and agree that MobileSportsLeague is authorized to act on instructions received through use of your username and password, and that MobileSportsLeague may, but is not obligated to, deny access or block any transaction made through use of your username and password without prior notice if we believe your username and password are being used by someone other than you, or for any other reason.

8. Publicity

By creating a tournament using MobileSportsLeague, you consent to the use of your (individual and/or the organisation on behalf of whom you have enrolled) name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected tournament and/or other tournaments, unless otherwise prohibited by law. You agree that MobileSportsLeague may announce any winner's name on-air or on any of its websites at any time in connection with the marketing and promotion of tournaments or other contests or games powered by MobileSportsLeague.

9. Intellectual Property

9.1 The Site and Applicatizon(s) contain material, such as software, scripts, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of MobileSportsLeague, its affiliates and/or its partners (collectively referred to as the “Content”). The Content and all intellectual property rights therein (“Intellectual Property”) may be owned by us or by third parties. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and the Intellectual Property, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.

9.2 The trademarks, service marks, and logos of MobileSportsLeague (the “MobileSportsLeague Trademarks”) used and displayed on the Site and Application(s) are registered and unregistered trademarks or service marks of MobileSportsLeague and its affiliates. Other company, product, and service names located on the Site and Application(s) may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the MobileSportsLeague Trademarks, the “Trademarks”). Nothing on the Site or Application(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MobileSportsLeague Trademarks inures to our benefit.

9.3 If you violate any part of this Agreement, your permission to access and/or use the Content, the Site and Application(s) automatically terminates and you must immediately destroy any copies you have made of the Content.

10. User Provided Content

10.1 Some of the Services on our Site and Application(s) provide you with the ability to post, create and/or transmit audio, video, text, or other content to through the Site and Application(s) (collectively, “User Provided Content”).

10.2 When you provide User Provided Content, you grant to MobileSportsLeague, its affiliates, and its partners a non-exclusive, worldwide, perpetual, royalty-free, fully sub-licensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Provided Content, and your name, voice, likeness and other identifying information where part of User Provided Content, 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 Provided Content.

10.3 We have no obligation to monitor User Provided Content, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Provided Content or any loss or damage resulting from User Provided Content. You also agree that we may refuse or remove a User Provided Content without notice to you.

10.4 If you delete User Provided Content, our general license to that User Provided Content will end after a reasonable period of time required for the deletion to take full effect. However, the User Provided Content may still exist in our backup copies, which are not publicly available. If your User Provided Content is shared with third parties, those third parties may have retained copies of your User Provided Content. In addition, if we made use of your User Provided Content before you deleted it, we will continue to may make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Provided Content. Terminating your account will not automatically delete your User Provided Content.

10.5 Except as provided in our Privacy Policy, we do not guarantee that User Provided Content will be private, even if User Provided Content is in a password-protected area. You should not provide User Provided Content that you want protected from others.

10.6 You represent and warrant that you have all rights necessary to grant to MobileSportsLeague the license above and that none of your User Provided Content are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

11. Indemnification

11.1 You hereby undertakes and agrees to indemnify MobileSportsLeague, its Facility Providers and Acquiring Banks and hold MobileSportsLeague, its Facility Providers and Acquiring Banks harmless and keep MSL, Facility Providers and Acquiring Banks i ncluding their officers, directors and agents at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:

a.Breach or non-performance by the Client of any of its undertakings, warranties, covenants, declarations or obligations here under; or

b.Any claim or proceeding brought by the Customer or any other person against MobileSportsLeague , the Facility Providers and the Acquiring Banks in respect of deficiency in the provision of Products and Service to its Customers;- or

c.Any negligent act or omission or default or misconduct or fraud of the Client or its agents or Customers or

d.Any hacking or lapse in security in the Website e or the Customer data; or

e.Any act, deed, omission or non-performance on the part of the Client or its Customers.

11.2 The indemnities provided herein shall survive the termination of this Agreement

11.3 You hereby fully indemnify, defend and hold harmless MobileSportsLeague and its respective employees and officers, from and against any and all Losses, incurred or suffered by MobileSportsLeague directly or indirectly based upon, as a result or arising out of, or in relation to or otherwise in respect of Your Game.
“Loss” or “Losses” for the purpose of this Clause means and includes any and all actual losses, liabilities, obligations, claims, actions, suits, judgments, awards, fines, penalties, taxes, fees, settlements and proceedings, royalties, deficiencies, damages, charges, costs (including costs of investigation, remediation or other response actions), interests, reasonable out-of-pocket expenses, attorneys’ and accountants’ fees and disbursements, incurred by MobileSportsLeague in respect of any claims against MobileSportsLeague in respect of Your Game.

12. Non-compete

You shall not, carry on or engage directly or indirectly, as a designer, developer, collaborator or consultant or in any other manner whatsoever, whether for profit or otherwise any business which competes directly or indirectly with the whole or any part of the business carried out on the MobileSportsLeague Platform.

13. Liability

13.1 You agree, acknowledge and undertake that if any claims are brought against MobileSportsLeague in respect of Your Game, after integrating Your Game on the MobileSportsLeague Platform, then MobileSportsLeague shall not be held liable for any loss, damages or claims arising in respect of violations of Indian laws.

13.2 Further, in case of any claims as set out in Clause 13.1 being brought against MobileSportsLeague with respect to Your Game, MobileSportsLeague shall be entitled to pursue any remedies available to it under applicable law against You notwithstanding the indemnification obligation contained in Clause 11 above.

14. Termination

14.1 You hereby agree and authorise MobileSportsLeague to terminate this agreement in case of any of the following events:

a)If You have not submitted any Game / obtained any earnings for a period of 12 months, t his Agreement shall automatically terminate and release the Parties from any and all further obligations and liabilities, save and except for the provisions that survive termination hereof and any liabilities incurred prior to termination;

b)If You are found to be in breach of any of your representations, warranties, undertakings or obligations as set out hereunder, MobileSportsLeague reserves the right to terminate the agreement subject to providing a prior written notice of [7 (seven) days]. In case You fail to demonstrate that the technical glitches, or program bugs affecting the Game have been removed and the Game is adequately protected as required under Clause 2.1(b) hereinabove, MobileSportsLeague can terminate this Agreement with reasonable prior notice.

c)MobileSportsLeague can terminate this Agreement for any reason whatsoever by providing prior written notice of [15 (fifteen) days].

14.2 Pursuant to termination of this Agreement, each Party will settle all outstanding dues and liabilities and will release each other from all future claims and liabilities, save and except for the provisions that survive termination hereof.

15. Miscellaneous

15.1 Assignment

i.You shall not be entitled to assign your rights and obligations under this Agreement in any manner without our prior written consent.

ii.MobileSportsLeague reserves the right to assign its rights and obligations under this Agreement to any one or more of its affiliates.

15.2 Confidentiality:
Neither Party shall, without the prior written consent of the other Party, disclose any information, content or data from this Agreement or any information, content or data pertaining thereto. This Clause will survive termination hereof.

16. Electronic Communications.

The communications between you and MobileSportsLeague use electronic means, whether you visit the Site or Application(s) or send MobileSportsLeague e-mails, or whether MobileSportsLeague posts notices on the Site or Application(s) or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from MobileSportsLeague in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MobileSportsLeague provides to you electronically satisfy any legal requirement that such communications would satisfy if it was in writing. The foregoing does not affect your statutory rights.

17. Taxes.

17.1 You shall be responsible for and comply with payment of any applicable tax, including but not limited to, income tax, sales tax, gift tax, etc. with respect to your earnings. The earnings may be subject to withholding or deduction on account of any tax due on the same in accordance with applicable law.

17.2 Because applicable tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax obligations, in consultation with tax advisors. We cannot and do not offer tax advice to anyone.

18. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations hereunder due to strikes, labour disputes, riots, storms, floods, explosions, accidents, acts of God, acts or orders of government, war, terrorism, the failure of vendors or other sponsors to perform, the loss, destruction, breakdown, seizure or confiscation of vehicles or equipment, media event cancellations or any other cause or causes which are beyond its reasonable control. You understand and acknowledge the complex and expeditionary nature of the Longitude Expedition and shall not be entitled to any reimbursement or restitution in the event that MobileSportsLeague fails to commence or complete the Longitude Expedition.

19. Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law such provision will be severable and this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof and the remaining provisions of this Agreement shall remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

20. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.

21. Section Titles.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

22. Dispute Resolution

22.1 To the maximum extent permitted under applicable law, any claim, dispute or controversy of whatesover nature ("claim") arising out of or relating to these terms and/or our software or Services must be resolved by final and binding arbitration by a sole arbitrator appointed by MobileSportsLeague and any such decision will be final and binding. The venue of the arbitration will be Mumbai.

22.2 Subject to the procedure set out in clause 22.1 above, registration with MobileSportsLeague, use of our Services will be governed by the laws of India and will be subject to the exclusive jurisdiction of the courts at Mumbai.

22.3 This Clause will survive termination hereof.

23. Disclaimer

23.1 You acknowledge that the MobileSportsLeague may not be uninterrupted or error free or virus free and MobileSportsLeague disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the services for a particular purpose. You also acknowledge that the arrangement between one or more Acquiring Banks and MobileSportsLeague or between one or more Facility Providers and MobileSportsLeague may terminate at any time and services by such Facility Providers and Acquiring Banks may be withdrawn. MobileSportsLeague shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of the Customer's access to and/or use of the Payment Gateway Services; interruption or stoppage of MobileSportsLeague ; non availability of connectivity between the Client's website and MobileSportsLeague service etc. MobileSportsLeague does not warrant that MobileSportsLeague services, the Facility Providers facilities and the Acquiring Bank's Payment Mechanism will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro.

23.2 MobileSportsLeague’s sole obligation and Your sole and exclusive remedy in the event of interruption shall be to use all reasonable endeavours to restore the said services as soon as reasonably possible.

23.3 You and MobileSportsLeague agree that each one of them is an independent entity and nothing here under shall make them partners, employees, agents or representatives of one another. Neither You or MobileSportsLeague shall make any representation that suggests otherwise.

23.4 You fully understand that MobileSportsLeague shall provide Services/Platform here under to you on a strictly non-exclusive basis and therefore nothing contained herein shall prohibit MobileSportsLeague from furnishing similar services/Platform to others, including your competitors.

You undertake to have read and abide by the above terms and conditions.