TERMS & CONDITIONS OF USE
These terms and conditions of use (“Terms & Condition of Use”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and register on the ‘Sportstoon’ website, m-web and mobile application (collectively referred to as the “Application”), operated by Prankys Wizword (OPC) (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and the Application Services (as defined below), provided through the Application.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION
Please read the Terms & Conditions of Use carefully before using or registering on the Application/website or accessing any material, information or Application Services through the Application. Your use of the Application (even when You do not avail of any services provided on the Application) or actual usage of the Application Services shall signify your acceptance of the Terms & Conditions of Use and Your agreement to be legally bound by the same. These Terms & Conditions of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Application for other services.
By using this application (the “App”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these terms & conditions of use and any other applicable law. Prankys Wizword (OPC) Pvt. Ltd. (“SPORTSTOON”) retains an unconditional right to modify or amend this Terms & Conditions of Use without any requirement to notify You of the same. It shall be Your responsibility to check this Terms of Use periodically for changes. Your continued use of the Application following the posting of changes to this Terms of Use on the Application, will constitute Your consent and acceptance of those changes.
By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company, are not a person barred from receiving Application Services under the applicable laws and meet all of the foregoing eligibility requirements. In case the age entered by you in the Application is less than the eligibility requirements, we assume that you are using the Application under guidance of a guardian who is over and above the minimum age requirements. If you do not meet all of these requirements, you must not access or use the Application.
The Company reserves the right to refuse access to the Application or Application Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.
ACCESSING THE APPLICATION AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Application.
- Ensuring that all persons who access the Application through your internet connection are aware of these Terms of Use and comply with them.
In order to access the Application or some of the resources it offers, you may be asked to register on the Apllication by providing detail about Yourself, including your name, age, gender, contact details or such other information as may be required on the Application and create an account (“Account”). You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Application. You agree that all information you provide to register with this Application, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Application (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of the Application due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Use of another User’s Account information for availing the Application Services is expressly prohibited.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions of Use.
INTELLECTUAL PROPERTY RIGHTS
The Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material.
These Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Application.
You must not:
- Modify copies of any materials from this App.
- Save or download copies of images, graphics, video, or audio content from this site for further reproduction, publication, or distribution.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this App.
Subject to your compliance with these Terms of Use, you may access and use the Application. Sportstoon remains the sole owner of all right, title, and interest in the Application and reserves all rights not expressly granted under these Terms of Use. Sportstoon may modify, replace, or discontinue the Application or any part thereof at any time, for any reason, with or without notice, in Sportstoon’s sole discretion. Sportstoon provides the Application on an "as is" and "as available" basis.
All content on this Application, including but not limited to Images, Footage, Videos Music, and related metadata (collectively the "Sportstoon Content"), as well as the selection and arrangement of the Sportstoon Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws. Any unauthorized use of any Sportstoon Content violates such laws and this Terms of Use. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Application or any Sportstoon Content
You may not download, distribute, display and/or copy any Sportstoon Content.
You may not remove any watermarks or copyright notices contained in the Sportstoon Content.
PROHIBITED USES
You may use the Application only for lawful purposes and in accordance with these Terms of Use. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle PRANKYS WIZWORD (OPC) PVT. LTD. to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
- In any way that violates any applicable local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.
Additionally, you agree not to:
- Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
- Use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
- Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Application.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
- Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Application.
- Use the Application or its content in any manner if you have a history of heart disease, high blood pressure, high cholesterol, have experienced chest pains while exercising, are currently pregnant, or have been advised by a doctor to avoid the type of exercise described or shown on the Application.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Nothing on this Application is intended to be considered medical or nutrition advice or be considered a treatment, cure, or remedy for any medical problem or disease. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
The Company specifically makes no representations or warranties:
- That any particular sport schedule, sport drill or exercise is suitable for you;
- Regarding the adequacy or safety of the drills and exercises for any particular user;
- That using the App will meet your personal needs or goals;
- Regarding the results of any particular sport schedule, sport drill or exercise; or
- Regarding the safety or fitness for particular use of any products, such as fitness machines and equipment.
- A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. PRANKYS WIZWORD (OPC) PVT. LTD. hereby disclaims any and all responsibility and liability associated with the same.
- You acknowledge and agree that PRANKYS WIZWORD (OPC) PVT. LTD. is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE APPLICATION
All information we collect on this Application is subject to our Privacy Policy. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
GEOGRAPHIC RESTRICTIONS
The owner of the App is based out of India. We make no claims that the Application or any of its content is accessible or appropriate outside of India. Access to the Application may not be legal for certain persons or in certain countries. If you access the Application from outside of India, you do so at your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that, to the maximum extent permitted by applicable law:
You understand that we cannot and do not guarantee or warrant that the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your electronic device, programs, data or other proprietary material due to your use of the Application or any services or items obtained through the Application or to your downloading of any material posted on it, or on any Application linked to it.
Your use of the Application, its content and any services or items obtained through the Application is at your own risk. The Application, its content and any services or items obtained through the Application are provided on an “as is” and “as available” 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. Neither the company not any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Application. Without limiting the foregoing, the Company makes no warranty that (i) the Application or the Application Services or the Content will meet Your requirements or Your use of the Application or the Application Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Application, or Application Services will be effective, accurate or reliable; (iii) the quality of the Application or Application Services or Content will meet Your expectations; or (iv) any errors or defects in the Application or Application Services or Content will be corrected. No advice or information, whether oral or written, obtained by You from the company or through use of the Application Services shall create any warranty not expressly stated in the Terms & Conditions of Use.
The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.
The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Application or Application Services, either with or without your knowledge.
The Company has endeavored to ensure that all the information on the Application is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Application Services. The Company shall not be responsible for the delay or inability to use the Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Application, or otherwise arising out of the use of the Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Application is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
HEALTH WARNING & LIMITED LIABILITY DISCLAIMER
This App is an online sports & fitness service provider with its health and fitness contents provided for informational purposes only.
You should consult your physician or other health care practitioner before starting any drill/exercise or activity. Nothing stated herein is intended to be, and must not be, the practice of medicine or medical advice.
You are entirely responsible and assume all risks involved for using the content on this application and the performance of any activity depicted herein as well as the use of any exercise/drill equipment, or related product. You should not use the content or activities performed or described therein in high-risk activities or where you have any physical, medical or health condition which may limit or affect your ability to perform any activity/drill depicted or described herein, including, but not limited to, family history of high blood pressure, heart disease, smoking, high cholesterol, breathing problems, or have ever experienced chest pain while exercising.
Performing any activity/drill depicted or described on this application involves a risk of personal injury and you expressly assume all risks of harm. If at any time while you are performing any activity/drill depicted herein you feel discomfort, light-headed, nauseous or have chest pain or any other pains, you should stop immediately and contact a doctor or physician.
LIMITATION ON LIABILITY
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Application, any Applications linked to it, any content on the Application or such other Applications or any services or items obtained through the Application or such other Applications, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates including but not limited to its (and its affiliates’), licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors (“Indemnitees”) and assigns from and against any and all claims, liabilities, damages, demands, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of use and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms & Conditions of Use, any use of the Application’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Application.
ATTRIBUTION
All the sounds used in the Application are bought while a few are being used which are free to be used for commercial purpose. The sounds have been referred from the website, namely, www.audiomicro.com.
GOVERNING LAW AND JURISDICTION
All matters relating to the Application and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws where the App is registered without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Application hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Delhi, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Prankys Wizword (OPC) Pvt. Ltd. with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information and the rules contained on this Application/Website are for educational and informational purposes only. The information and the rules contained on this Application/Website is not intended as, and shall not be understood or construed as professional advice.
Not professional advice
The information and the rules contained on this Application/Website are not intended as, and shall not be understood or construed as, professional advice. The information and the rules contained on this Application/Website is not a substitute for advice from a professional.
We have done our best to ensure that the information and the rules provided on this Application/Website are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Application/Website should be understood as a recommendation that you should not consult with a professional to address your particular information and the rules. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Application/Website or for any damage you may suffer as a result of failing to seek competent advice.
No professional-client relationship
Your use of this Application/Website – including implementation of any suggestions set out in this Application/Website does not create a professional-client relationship between you and the Company or any of its professionals.
User’s personal responsibility
By using this Application/Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information and the rules available on this Application/Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Application/Website.
No guarantee as to results
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Application/Website or not. The Company provides educational and informational resources that are intended to help users of this Application/Website succeed in sports and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Application/Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Errors and Omissions
This Application/Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information and the rules contained in this Application/Website is accurate, but we cannot represent that this Application/Website is free of errors. You accept that the information and the rules contained on this Application/Website may be erroneous and agree to conduct due diligence to verify any information and the rules obtained from this Application/Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information and the rules contained in this Application/Website.
