Terms of Service Agreement - Predict Battle

Last updated April 29, 2021


Predict Battle is an application in which effort, skill, or merit is required to enter to participate. For Example, you may require choosing certain options of sports based on your knowledge and analysis of previous matches to enter the contest. The element of chance does not exist in a contest.

Persons participating or seeking to participate in the application shall individually be referred to as "You" or "Yourself" or "Your". Participation in this application is purely voluntary. By participating, You are deemed to have fully & uncondiotionally accepted these Terms & Conditions.

Predict Battle is licensed to You (End-User) by Thinkogic, located at Vasai East, Vasai-Virar, Maharashtra, India, (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Google PlayStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Google is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Thinkogic, not Google, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest Google PlayStore Terms of Service. Thinkogic acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.

REGISTRATION FOR PREDICT BATTLE

In order to register for Predict Battle, Participants have to mandatorily provide the following information:

1. Full Name

2. E-mail Address

3. Password

4. State of Residence

5. Gender

5. Date of Birth

Participants are informed that to confirm that they have read, and shall abide by, these Terms and Conditions.

Once the participants have entered the above information, and clicked on the "register" tab, and such participants are above age of 18 years, they are sent an confirmation regarding their registration.

ELIGIBILITY CRITERIA

Predict Battle app is available to persons above the age of 18 years.

Predict Battle app is available to persons, currently residing in India.

Predict Battle may, in accordance with the laws prevailing in certain Indian states, individuals residing in those states from participating in the App. Currently, individuals residing in Indian states of Tamil Nadu, Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telengana may not participate in the paid contests as the laws of these states are still unclear, persons participating in games of skill where participants are required to pay to enter.

Persons participating from above states can participate in free contest without any involvement of money.

Participants must have a valid E-mail Address to participate.

Only those persons who have successfully registered on the Predict Battle as well as registered prior to each match shall be eligible to participate in the Contest and win prizes.

LEGALITY ON GAME OF SKILL

Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867. The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.

The Contest's (across Predict Battle Services) are games of skill as success of Participants depends primarily on their superior knowledge of the sports games, statistics, knowledge of sports played.

By participating in this Application, each participant acknowledges and agrees that he/she is participating in a game of skill.

IMPORTANT NOTICE:

The Application is valid in all states of India except Tamil Nadu, Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telengana. The participation is applicable only to the members of Predict Battle.

Citizens and/or residents of countries other than India are not eligible to participate in Predict Battle.

The text is only available exclusively in English and can be participated only on the Predict Battle App.

If You are residing and/or accessing the App from any region/state/country where the participation is prohibited or restricted by law or other reasons, then You are prohibited from registering and participating in the App. You are responsible for compliance of any laws that are applicable on Your Country/domicile/state/residence. In case You participatein the App by misrepresentation, then Thinkogic shall its sole discretion have the right to disqualify You at any stage of the process, forfiet any prize and take legal action against You.

If You are found or suspected to be defrauding the systems of the Applications in any manner then You shall be debarred from further particpating in the Application and Thinkogic may take legal action against You.

Thinkogic reserves the right to change or modify these terms and conditions from time to time, prospectively or retrospectively, at its sole discretion and without any prior intimation to You. You are requested to carefully read these terms and conditions from time to time before using the App or participating in the Contest. It shall be Your responsibility to check these terms and conditions periodically for changes. Thinkogic may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the App or participation in the Contest. If no such separate consent is sought, Your continued use of App or participation in the Contest, following such changes, will constitute Your acceptance of those changes.

Thinkogic reserves the right to withdraw or discontinue or terminate the Contest at any stage without prior notice and without any liability whatsoever to You.

The Application is void where prohibited by law.

Neither the App(which is made available through the Apple App store or Android Play Store) nor the Contest is sponsored or administered by Apple Inc or Google.

DISCLAIMER

The Contest/App and any third-party content are provided by Thinkogic on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing. Thinkogic makes no warranty that (1) the Contest/App will meet Your requirements or Your use of the Contest/App will be uninterrupted, Timely, secure or error-free or the App will always function without delays, disruptions, or imperfections; (2) the results that may be obtained from the use of the Contest/App will be effective, accurate or reliable; (3) the quality of the Contest/App will meet Your expectations; or that (4) any errors or defects in the Contest/App will be corrected. No advice or information, whether oral or written, obtained by You from Thinkogic or through the Contest/App or from use of the Contest/App shall create any warranty not expressly stated herein.

To the maximum axtent permitted by applicable law, Thinkogic will have no liability realted to the Contest/App /user content and/or third-party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Thinkogic also disclaims all liability with respect to misuse, loss, modification or unavailability of Contest/App/any content and/or third-party content.

You expressly understand and agree that Thinkogic, shall not be liable or responsible in any manner for: (1) failed, returned or misdirected notifications based on inaccurate information provided by You in connection with Your participation in the Contest; (2) entries and responses to Winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not recieved by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications, utility or communication failures, failure/crash of technical hardware or App or software. (4) Failures of any kind, lost or unavailable network connections, or failed incomplete, grabled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (5) any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combinations thereof including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from deownloading the App or otherwise in connection with the Contest.

You expressly understand and agree that, to the maximum extent permitted by applicable law Thinkogic will not be liable for any loss of damage that You may incur as a consequence of unauthorized use of Contest/App, either with or without Your knowledge. Thinkogic does not warrant that any information on Contest/App is correct. Thinkogic neither warrants nor makes any representationsregarding the quality, accuracy or completeness of any data, information, product or service. Thinkogic shall not be responsible for the delay or inability to use the App or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, negligence, strict liability or otherwise. Further. Thinkogic shall not be held responsible for non-availability of the App for any reason whatsoever and at any time including that may occur due to technical reasons or for any reason beyond Thinkogic's control. You understand and agree that any material or data submitted or otherwise provided through the App is done entirely at Your own discretion and risk and You will ne solely responsible for the same. Thinkogic accepts no liability fro any errors or omissions, with respect to any information provided to You whetheron behalf of itslef or third parties.

INDEMNITY

You agree to indemnify, defend and hold harmless Predict Battle, its holding company, subsidiaries, associate, affiliates, vendors, agents and their respective directors, officers, employees, contracters and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (1) Your breach of this Terms and Conditions; or (2) any claims made by any third party due to, or arising out of, or in connection with, Your use of the App or participation in the Contest or winning/claiming of the Prize; (3) Your violation of any rights of another, including any intellectual property rights; (4) Your violation of any applicable laws.

Notwithstanding anything to the contrary in the Terms & Conditions, Thinkogic's entire and aggregate liability to Your under and in relation to these Terms and Conditions or otherwise shall not exceed the amount of INR 100.

Notwithstanding anything to contrary in this Terms and Conditions, in no event shall Thinkogic, its holding company, subsidiaries or associate or affiliates and their respective officers, directors, employees, partners orsuppliers be liable to You or anyone claiming through You in respect of any subject matter of this Terms and Conditions or Contest under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity loss of anticipated profits, whatsoever, incluciding breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access of Contest/App.

1. THE APPLICATION

Predict Battle (hereinafter: Application) is a piece of software created for Android users is offering you endless fun and the chance for you to win many exciting rewards and prizes. All you need to do this is to predict top sports matches daily and for each right guess you will be able to win many prizes. Rank high among sports fans worldwide. Test your sports knowledge and skills with this incredible match prediction app and enjoy winning.- and customized for Apple mobile devices. Predict Battle is an incredible and fun sports prediction competition app that lets you make daily match predictions. Predict matches and compete against others!

Furthermore, it is used to ūüŹÜCHALLENGE YOUR FRIENDS You will certainly have a lot of fun challenging your skills, predicting matches and winning prizes with this sports prediction app. With 24/7 customer support, you will always get the help you need when you have troubles with the sports app. Not only that this match prediction app allows you to make predictions and test your skills but you will also be able to challenge friends to make predictions and see which one of you is the better sports predictor. Have fun with the football sports app and enjoy winning the prizes daily!

2. SCOPE OF LICENSE

2.1 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.2 You may not share or make the Application available to third parties (unless to the degree allowed by the Google Terms and Conditions, and with Thinkogic's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Thinkogic's prior written consent).

2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Google PlayStore Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.6 Licensor reserves the right to modify the terms and conditions of licensing.

2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Application requires a firmware version or higher. Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical  specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

4.2 Thinkogic and the End-User acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.predictbattle.com/privacypolicy

6. USER GENERATED CONTRIBUTIONS

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. LIABILITY

8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

9. WARRANTY

9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Thinkogic's sphere of influence that affect the executability of the Application.

9.3 You are required to inspect the Application immediately after installing it and notify Thinkogic about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.

9.4 If we confirm that the Application is defective, Thinkogic reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the Google-PlayStore-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Google-PlayStore-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS

Thinkogic and the End-User acknowledge that Thinkogic, and not Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

If you have questions or comments about this notice, you may email us at thinkogic@gmail.com or by post to: Thinkogic Vasai East, Vasai-Virar, Maharashtra, India.

13. TERMINATION

The license is valid until terminated by Thinkogic or by You. Your rights under this license will terminate automatically and without notice from Thinkogic if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Thinkogic represents and warrants that Thinkogic will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Google and Google's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

Thinkogic and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Thinkogic, and not Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

16. GOVERNING LAW AND JURISDICATION

These Terms and Conditions shall be governed by, subject to and construed in accordance with the laws of India.

All or any disputes arising out of or touching upon or in relation to this Terms and Conditions including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussion failing which the same shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications thereto for the time being in force. The arbitration proceedings shall be held at Mumbai by a Sole Arbitrator who shall be Appointed by Thinkogic and whose decision shall be final and binding upon the Parties. Subject to the arbitration clause, the courts at Mumbai alone shall have the jurisdication.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

OTHER TERMS & CONDITIONS

Thinkogic does not entertain any enquiries or clarifications regarding the questions and the answers used in the Contest.

Contest offered by Predict Battle (Thinkogic) is meant for entertainment and recreational purposes only, and is not a bet, award or gambling in any form or manner.

Thinkogic including its divisions, affiliates and subsidiaries, and their respective agents and representatives, employees shall not be responsible for any loss/failure/inability on Your part to participate in the App for any reason whatsoever including, due to any technical problems, as a consequence of computer service delays, interruptions, electronic or communication failures or overloads, crashing/non-functioning of the App.

Any attempt by a Participant to delibaretely damage or undermine the legitimate operation of the Thinkogic Apps and/or App and/or Contest is a violation of criminal and civil Laws and should such an attempt be made, Thinkogic reserves the right to seek damages from any such Participant to the fullest extent as permitted by law.