TERMS OF USE
This website, located at https://sportslaw.in (“Website”) is owned and operated by Sports Law and Policy Centre (“SLPC”). The SLPC is an independent think-tank focused on interdisciplinary research, scholarship, education and institutional support for public and private enterprises in areas relating to the legal, policy and ethical issues affecting amateur and professional sports in India. Through the Website, the SLPC provides its users with a diverse, accessible, and inclusive space to access, view, understand, collaborate and/or contribute to sports law and policy related content. (“Services”).
The terms ‘SLPC’ or ‘us’ or ‘we’ refer to the owners of this Website. The term ‘you’ refers to the user or viewer of our Website.
By browsing, viewing and/or using the Website provided therein you consent to and agree to comply with these terms and conditions of use (“Terms” or “Terms of Use”), which together with our Privacy Policy govern the SLPC’s relationship with you in relation to this Website. If you disagree with any part of these Terms, please discontinue using our Website immediately. The SLPC reserves the right to change, modify or suspend the Website, the contents thereof, the Services and these Terms of Use at any time without any prior intimation to you. All modifications will be posted on the Website and will become effective immediately upon such posting to the Website. Please review these Terms of Use regularly to remain informed of any change.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
These Terms were last modified on 16 July 2021.
1. Eligibility
1.1 You will be eligible to use the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above 18 (eighteen) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.
1.2 As a minor, if you wish to use the Website, such use shall only be made by a person of legal contracting age (legal guardian or parent). We reserve the right to block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law..
2. Website Content
2.1 This Website is controlled and operated by the SLPC. All content and materials on the Website, including all documents, articles, illustrations, statements, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned by the SLPC or by other parties that have licensed their material to the SLPC. Except for the limited license granted to you herein, all Content on the Website is solely for your personal, non-commercial use.
2.2 The intellectual property rights in all software underlying the Website and material published on the Website, including (but not limited to) software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by the SLPC, its partners, licensors and/or associates. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content either in whole or in part without express written license from the SLPC.
2.3 You may not copy Content from this Website, or otherwise modify, obscure or delete any copyright or other propriety notices on this Website. You agree not to create any derivative work based on or containing the Content. The framing of or in-line linking to any Content contained thereon and/or the use of WebCrawler, spidering or other automated means to access, copy, index, process and/or store any Content other than as expressly authorized by us shall be prohibited. You shall not create apps, extensions, or other services that use our Content without our permission.
2.4 You agree to follow all instructions provided by the SLPC which will prescribe the way you may use the Content. You shall not use this Content for any purpose, except as specified herein. The unauthorized use of Content will be in violation of applicable law.
2.5 You shall not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for access to the Website. No right, title or interest in any materials or software, if applicable, on this Website is transferred to you from your use of this Website. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Website, or any related material without the prior written authorization of the SLPC.
3. User Content
3.1 Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Website ("User Content"). The SLPC reserves the right to investigate and take appropriate legal action against anyone who, in the SLPC’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
3.2 You shall not write or send User Content using language or content which:
(i) is abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
(ii) is contrary to any applicable law;
(iii) violates third parties' intellectual property rights;
(iv) violates any third party’s right of privacy;
(v) is in breach of any other part of these Terms;
(vi) is harmful to child;
(vii) violates any law for the time being in force;
(viii) impersonates another person;
(ix) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xi) poses or creates a privacy or security risk to any person;
(xii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation
(xiii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; and
(xiv) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(xv) is in the sole judgment of the SLPC, objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the SLPC or its users to any harm or liability of any type.
3.3 While making submissions to the SLPC, registering for events, utilising the helplines or subscribing to our newsletter on the Website, you may be required to provide complete information about yourself (including, without limitation, sensitive personal data). The SLPC will process information about you in accordance with the Website’s Privacy Policy accessible at https://sportlaw.in/privacypolicy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. The Privacy Policy shall be deemed and construed to be an integral part of these Terms, and any violation thereof shall constitute a breach of these Terms.
3.4 You represent and warrant that you own all intellectual property rights in your User Content and that no part of the User's Content infringes any third-party rights. You further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Website. You agree to indemnify and hold harmless the SLPC, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website, by you or through your commissions or omissions.
3.5 SLPC has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. The SLPC shall not sell, market, trade, or transfer to outside parties your personally identifiable information. The SLPC may release your information when the release is required to comply with the law, enforce our policies, protect the SLPC’s or other third party’s rights, property, or safety.
3.6 You hereby grant to SLPC and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes.
4. Contributed Content
4.1 This Website may contain views/ideas/opinions expressed by independent authors/contributors/posters on various topics. Such views/ideas/opinions are solely those of the authors/contributors/posters and not endorsed in any manner by the SLPC. The SLPC shall not be responsible for or liable in any manner whatsoever for the views/ideas/opinions expressed by such authors/contributors/posters in any section of this Website. Further, the accuracy of such statements has not been verified by the SLPC and the SLPC provides no warranties of the same. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.
4.2 SLPC does not subscribe to the views of authors and does not in any way confirm or deny the opinion expressed therein, and shall not be treated as the opinion of the SLPC.
5. User Restrictions
5.1 Your use of our Website is solely for your personal informational purposes and non-commercial use. In addition to the aforementioned restrictions on the usage of Content, Users shall not:
(i) Decompile, reverse engineer, or disassemble the contents of the Website, or tamper or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website;
(ii) Use our Website for commercial purposes of any kind;
(iii) Advertise or sell or otherwise (whether or not for profit) solicit others (including, without limitation, solicitations for contributions or donations) in relation to the SLPC’s or any of the SLPC’s brand’s domain names;
(iv) Aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for access to the Website;
(v) Use the Website in any way that is unlawful, fraudulent or dishonest, or harms the SLPC or any other person or entity, as determined by the SLPC;
(vi) Make, use, display, transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
(vii) Make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
(viii) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) Access or use the Website in any manner that could damage, disable, overburden or impair the Website or any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
(x) Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms;
(xi) Disrupt or interfere with the security of, or otherwise cause harm to the Website, Content, systems resources, or gain unauthorized access to the servers or networks connected to or accessible through the Website or any affiliated or linked sites; and
(xii) Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the exclusionary protocols, navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website.
5.2 The SLPC reserves the right to terminate or restrict your access to the Website if, in SLPC’s opinion, your use of the Website may violate any laws, regulations or rulings, infringe upon another person's rights or violate these Terms, for general maintenance or any other reason whatsoever. The SLPC reserves the right, in its sole discretion, to terminate the access to the Website or any portion thereof at any time, without notice.
5.3 Your use or access of any Services on the Websites, including but not limited to, submission of blogs, registration for events, utilisation of the helpline or application for collaborations or internships, may be subject to separate terms and conditions in addition to these Terms.
6. Warranty and Liability Disclaimer
6.1 This Website and the Content herein is provided by the SLPC in good faith on an “as is”, “as available” basis. The SLPC does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of this Website. Further, the SLPC makes no representations or warranties of any kind, express or implied, as to the operation of this Website, the information, the Content or materials herein or hereon. To the extent as permitted under applicable law, the SLPC disclaims all responsibility (whether direct, indirect, consequential or otherwise) with respect to the accuracy or otherwise of the information, Content or materials arising from the use of this Website. Without prejudice to the foregoing paragraph, the SLPC does not warrant that:
(i) This Website will meet your requirements
(ii) This Website will be constantly available, or available at all; or
(iii) The information on this Website is complete, true, accurate or not misleading; or
(iv) The quality of any information, or other material that you obtain through the Website will meet your expectations.
6.2 The SLPC, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of fitness for particular purpose and non-infringement. The SLPC makes no warranties about the accuracy, reliability, completeness, or timeliness of any content, software, text, graphics and links. To the extent permitted under law, neither the SLPC nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our Website, even if you have been advised of the possibility of such damages.
6.3 The SLPC does not warrant that this Website; information, Content or materials included on or otherwise made available to you through this Website; the servers hosting the Website; or electronic communication sent from the SLPC are free of viruses or other harmful components. The SLPC utilises safeguards and industry best practices to protect the Website from hackers, sniffers and malicious modification tools, however, it does not warrant that the Website shall be completely safe from such attacks at any period of time. However, any data or information downloaded or otherwise obtained through the use of the Website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or devices or loss of data that may result from the download of such data or information.
6.4 The SLPC reserves the right to introduce and initiate new features, functionalities, components to the Website and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the SLPC is entitled to discontinue (either permanently or temporarily) one or more of the Website features provided or terminate the Website without any prior notice to you.
6.5 The SLPC shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by you or any other person or entity during the course of access to the Website or the Services.
6.6 You shall be solely responsible for any consequences which may arise due to your access of the Website by conducting an illegal act or due to non-conformity with these Terms including provision of incorrect address or other personal details.
6.7 Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
7. Term and Termination
7.1 These Terms will remain in full force and effect while you continue the use of the Website and/or avail of the Services. The SLPC retains the right to deny access to the Website and/or the Services to anyone who it believes has violated any of these Terms or does not accept these Terms.
7.2 Compnay may also suspend or terminate your access if the SLPC is prevented from providing Services to you by circumstances beyond our control. The SLPC may, in exceptional circumstances, cease to publish the Website and the Content or cease to provide any or all of the Services.
8. Third Party Links
8.1 Please note that this Website may contain links to websites or links provided by third parties. The SLPC does not control such websites, is not responsible for their contents and does not in any way endorse such websites. Any website or information accessed by or as a result of following such links is at your sole risk and the content viewed thereof is not endorsed in any manner by the SLPC, unless expressly stated in that website’s terms.
8.2 The SLPC shall not be responsible for or liable in any manner whatsoever for the content provided through such third-party links. The accuracy of the content provided through third party links has not been verified by the SLPC and we provide no warranties with respect to the same. Any information collected on websites visited through such links is subject to the privacy policies of those websites. You further acknowledge and agree that the SLPC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such website or resource.
8.3 Any dealings you have with third parties found while using the Website are between you and the third party, and you agree that the SLPC is not liable for any loss or claim that you may have against any such third party. The SLPC does not endorse any advertisers on its Website, or any linked sites in any manner. You are requested to verify the accuracy of all information provided on the third-party web pages.
9. Accuracy of Information
The information presented on this Website has been compiled by the SLPC from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Website may contain typographical errors and incomplete or out of date information. The SLPC reserves the right to make changes to the Content and information on this Website or update such information at any time without notice, but the SLPC makes no commitment to corrector update this information. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.
10. Indemnification
You represent, warrant and covenant (i) that you will fulfil your obligations hereunder these Terms in good faith; and (ii) that you shall not violate, plagiarize, or infringe upon the rights of the SLPC or any third party, including copyright, trademark, privacy or other personal or proprietary rights. You hereby indemnify, defend and hold harmless the SLPC and all of the SLPC’s officers, directors, owners, agents, information providers, affiliates, licensors, licensees and third party service providers (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as reasonably required in the defense of any such claim. The SLPC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
11. Termination
The SLPC may immediately, without notice, deny you access to this Website if, in the SLPC’s opinion, you fail to comply with any or all of the Terms set forth herein.
12. Infringement of Copyright
In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to slpc(at)lawnk.com.
(i) A clear identification of the copyrighted work allegedly infringed;
(ii) A clear identification of the allegedly infringing material on the Website (with specific URL reference);
(iii) Your contact details: name, address, e-mail address and phone number;
(iv) A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Website is not authorized by your agent or the law;
(v) A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(vi) Your signature or a signature of your authorized agent.
13. Applicable Law
This Website, including the Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Bengaluru, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern any disclaimers, legal notices, privacy policies of this Website, and any transactions completed using this Website.
14. Information Gathered and Tracked
Information submitted through any application or questionnaire forms on the Website is stored in a database. Specifically, we may store the name, e-mail address and certain demographic information (address, occupation, phone no. etc.) of the users of our Website who wish to interact with the SLPC or seek information on its activities. Such information will be primarily used to facilitate interaction between users of the Website and the SLPC. We may also use such information to send out occasional promotional materials including alerts on latest events organised by the SLPC. We have clearly marked which information is optional and which is mandatory. We guarantee that personal information and confidential information of users will be used strictly in accordance with our Privacy Policy.
15. Assignment
You may not assign your rights and obligations under these Terms without the prior written consent of the SLPC. The SLPC may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Website.
16. Severability
If any provision of these Terms are determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
17. Waiver
The SLPC’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18. Feedback from User
The SLPC may require the feedback of its users for improving the Website. You shall hereby authorize the SLPC to contact you for your feedback on the Website offered by the SLPC. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case you choose not to be contacted, you shall write to the SLPC for specific exclusion at slpc(at)lawnk.com
19. Grievance Redressal
19.1 In case you have any complaints or grievance pertaining to (i) any User Content or your access to the Website or (ii) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights – please refer to paragraph 19.3 for the reporting mechanism for such claims), please share the same with us by writing to: slpc(at)lawnk.com.
19.2 In your complaint or grievance, please include the following information:
(a) You name and contact details: name, address, contact number and email address;
(b) Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
(c) The name of the person aggrieved or affected by the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person;
(d) Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
(e) A statement that you believe, in good faith, that the User Content violates these Terms or exposes the private area of an individual; and
(f) A statement that the information provided in the complaint or grievance is accurate.
19.3 The SLPC respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. Any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to the SLPC. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Website which must include the following information:
a. A clear identification of the copyrighted work allegedly infringed;
b. A clear identification of the allegedly infringing material on the Website;
c. Your contact details: name, address, e-mail address and phone number;
d. A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Website is not authorized by your agent or the law;
e. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
f. Your signature or a signature of your authorized agent.
The aforesaid notices can be sent to the SLPC by email at: slpc(at)lawnk.com.
19.4 On receiving such complaint, grievance or notice, the SLPC reserves the right to investigate and/or take such action as the SLPC may deem appropriate. The SLPC may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.