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Terms of Use

IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF OYE CAPTAIN

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING OYE CAPTAIN, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

USER AGREEMENT

Mirch Entertainment Private Ltd (“MEPL”) owns and operates the game ‘Oye Captain’ available on the Website that links to these Terms of Use (“Oye Captain” or “Website”). We are pleased to offer you access to our Website http://oyecaptain.com and 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").

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.

MOBILE Application

These Terms of Use shall also apply to the use of the Oye Captain 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.

ELIGIBILITY

Users must be at least 18 years of age to open an account on the Website (“Oye Captain 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 in any of the 4 states Assam, Orissa, Nagaland and Sikkim 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 Oye Captain account per person to participate in the Services offered on the Website. In the event MEPL discovers that you have opened more than one Oye Captain 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 Oye Captain 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 Oye Captain 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 Oye Captain account is found to be inactive or has an un-utilized balance, for a period of 335 days or more, MEPL/Oye Captain shall have the right to suspend such an Oye Captain account.

MEPL/Oye Captain’s employees 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/Oye Captain.

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 Oye Captain account.

It is hereby clarified that in order to facilitate the offering of the services to the Users, MEPL/Oye Captain 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/Oye Captain, 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/Oye Captain shall have the right to cancel the Contest and return the consideration to the Oye Captain account.

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 Oye Captain 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.

CONDITIONS OF PARTICIPATION

By entering a Contest, entrants agree to be bound by these Rules and the decisions of Oye Captain, which shall be final and binding in all respects. Oye Captain, 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 Oye Captain 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:

In addition, conduct that would be deemed improper also includes, but is not limited to:

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Oye Captain 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 Oye Captain and MEPL, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, 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. Oye Captain 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 Oye Captain 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 Oye Captain 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 Oye Captain 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 OYE CAPTAIN 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 Oye Captain 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 Oye Captain (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 Oye Captain will, in its sole and absolute discretion, utilize certain information collected by MEPL or Oye Captain 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 Oye Captain of their status as a potential winner and continuing until such time when MEPL or Oye Captain, informs them that they no longer need to do so that they will make themselves available to MEPL or Oye Captain for publicity, advertising, and promotion activities.

MEPL and Oye Captain reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by MEPL or Oye Captain 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 Oye Captain 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.

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.

OTHER LEGAL RESTRICTIONS

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.

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 Oye Captain 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/Oye Captain and the third parties used to provide the Oye Captain Services use reasonable efforts to include accurate and up-to-date information, neither MEPL/Oye Captain 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. Oye Captain 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 Oye Captain Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.

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. Oye Captain 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 Oye Captain, it shall use its best efforts to rectify such error prior to the distribution of the prizes. MEPL and Oye Captain 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 Oye Captain/MEPL’s discretion.

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.

PRIZE TABLES

Contest prize payouts will be published with the creation of each new contest. Oye Captain 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 Oye Captain to its customers but will not be required.

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/Oye Captain’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/Oye Captain 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/Oye Captain 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/Oye Captain otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, MEPL/Oye Captain 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/Oye Captain 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/Oye Captain 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/Oye Captain 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/Oye Captain 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 Oye Captain 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/Oye Captain 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/Oye Captain 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/Oye Captain 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/Oye Captain, will be credited back to the same method of payment used to deposit funds on the Website. MEPL/Oye Captain will only release withdrawals to a different payment method other than that which was used to make deposit(s) after MEPL/Oye Captain is satisfied at its sole discretion that the transaction is a legitimate transaction.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, MEPL/OyeCaptain 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 Oye Captain Website. MEPL/Oye Captain 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.

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/OYE CAPTAIN 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/OYE CAPTAIN DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, MEPL/OYE CAPTAIN 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/OYE CAPTAIN ITS SUBSIDIARIES, ASSOCIATES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, 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.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT MEPL/OYE CAPTAIN LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL MEPL/OYE CAPTAIN, ITS SUBSIDIARIES, ASSOCIATES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, 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/OYE CAPTAIN’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.

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 Oye 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 Oye Captain, 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/Oye Captain, 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/Oye Captain, 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, employees, 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/Oye Captain 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.

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.

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/Oye Captain will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MEPL/Oye Captain 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/Oye Captain.

No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with MEPL/Oye Captain 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 Oye Captain 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? Oye Captain's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provisions

MEPL/Oye Captain 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/Oye Captain 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 [*].

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Notification!

Dear Users,
We would like to bring to your notice that we have changed the league closure time on OyeCaptain. From now on, all leagues will close at the time of toss of the match. Therefore, joining new leagues or editing existing teams will not be possible after the toss.
Thank You