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INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, copyright and/or all intellectual property rights in all Materials on the THINK11 site (including but not limited to text, audio, video or graphical images, or technology, the look and feel of the THINK11 site), trademarks and logos appearing on the THINK11 site are the properties of THINK11 and are owned & controlled by us and/or by other parties that have licensed their material to us. You shall not copy, reproduce, republish, upload, post, transmit or distribute the THINK11 site Material in any way, including by e-mail and/or other electronic means and whether directly or indirectly and/orassist any other person to do the same. Without the prior written consent of the owner of the Materials, modification, use of the Materials on any other web site and/or networked computer environment and/or use of the Materials for any purpose other than personal, non-commercial use shall be considered a violation of the copyrights, trademarks and other proprietary rights of THINK11 and shall be prohibited.
Any use of the Material other than for personal and non-commercial purposes shall be considered as commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of THINK11 or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the THINK11 site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the extent permitted by law.
We, at THINK11, respect other people's intellectual property rights and if you believe that any content or material on the THINK11 site infringes on your intellectual property rights, you can write and inform us about the same at support@THINK11.com.
Some part of the THINK11 site, may contain advertising information, surveys, promotion material or other material submitted to THINK11 by third parties. Responsibility for ensuring that the material submitted for inclusion on the THINK11 site complies with the applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in the promotions of advertisers or including the payment and delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. THINK11 shall not be responsible and/or liable for any claim, error, omission, inaccuracy in advertising material and/or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the THINK11 site. THINK11 reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
LIMITATION OF LIABILITY
In no event shall THINK11, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
You specifically acknowledge that THINK11 shall not be liable for any defamatory, offensive, or illegal conduct of any third party and that the risk of any harm or damage from the foregoing shall rest entirely with you.
TECHNICAL FAILURES AND DISCONNECTION POLICY
It is possible that you may face disruptions, including, but not limited to errors, disconnection or inferences in communication in the Internet services, software or hardware that you have used to avail our services.
THINK11 shall not be liable for any network outage or any problems/interruptions with network connectivity including network, Internet services, computer hardware or software failures of any kind in the disruption in the servicesas the same is beyond THINK11’s control. You take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.
You agree that THINK11 shall not be held responsible and/or liable for any interruption in a THINK11game and/or tournament and/or contest caused at the User’s end due to an incoming call, message, chat, video call or any other interruption on the mobile phone device/tablet device. In case of any interruption specified above in a THINK11 game and/or tournament and/or Contest on the User’s mobile phone device/tablet device, the game and/or tournament and/or contest shall still continue,and the User shall assume complete responsibility for such interruptions in between the games and/or tournaments and/or contest.
You agree to defend, indemnify and hold harmless THINK11, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the THINK11 site;
(ii) your violation of any term of these Terms and Conditions;
(iii) your violation of any third party right, including without limitation any trademark, copyright, property, or any other privacy right;
(iv) any violation of applicable law, rules, regulation, orders and ordinance. This defense and indemnification obligation shall survive these Terms and Conditions.
“Chargeback” is a credit card charge that has been disputed or claimed as fraud with a credit card company and/or the User’s bank. A credit card chargeback occurs after a cardholder/User(s) initiates a merchant dispute with their issuing bank and the issuing bank will then charge back the transaction being disputed from THINK11 and the cardholder's account is credited.
Chargeback, as defined above, may occur for one of the following reasons:
Procedure for User(s) recovering his/her account following Chargeback
Dispute of Charge by the User(s) with his/her bank:
User’s card charged without permission
Friendly Fraud: Friendly Fraud occurs when a charge is placed by a member of a household with access to a credit card (or who has memorized the security information on a card) and placed charges which may not be known to the primary card holder. The charges shall still be counted as legitimate whether or not the primary card holder was aware of the charges.
Process to be followed by THINK11 after verification of ownership
GOVERNING LAW AND JURISDICTION
Nothing contained in these Terms and Conditions shall prevent THINK11 from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard THINK11's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of THINK11 to pursue any remedy for monetary damages through the arbitration described herein.
REPRESENTATIONS AND WARRANTIES
The User, not limiting his/her statutory rights, expressly acknowledges and agrees to the following:
The User shall be solely responsible for damages to his/her data system or for loss of data arising from downloads of content from the Game/Tournament/Contest and/or THINK11 Site.
BREACH AND CONSEQUENCES
If we have evidence of a breach of our Terms and Conditions through our investigations or reasonable belief that your continued access to our website/app (platform) is deleterious or detrimental to the interests of THINK11 and/or our Users or the general public, then we reserve the right in our sole discretion to take one or all of the actions as mentioned below:
The action taken by us will be solely due to your breach of our Terms and Conditions; the action shall be final and decisive that will be binding on you. Any action taken by us will be without prejudice to our other rights and remedies that are mentioned and available in law or equity.
We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms and Conditions and/or your access to all or any portion of the THINK11 site and/or remove any registration information or User Content from the THINK11 site. Upon termination or expiration of the Terms and Conditions, your obligations and THINK11's rights and disclaimers survive, but your right to use the THINK11 site immediately ceases.
THINK11 shall make best endeavors to ensure that the platform (website/app) is error-free and secure. However, neither THINK11 nor any of its partners, licensors or associates make any warranty that:
THINK11 holds all the rights to rectify any errors identified in the determination of winners or in the transfer of amounts to a User's account, using various methods as it deems fit, including (but not limited to) through a set-off of the mistaken payment from amounts due to the User or deduction from the User's account of the amount of mistaken payment. In such events, THINK11 agrees to notify the User about the error and the rectification measure adopted to address the error.
Complying to the legal bodies and authorities neither THINK11 nor its partners, licensors or associates disclaims any sort of responsibility for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
THINK11 is authorized to cancel any events or contest(s) requiring specific permission or authority from any statutory authority or any State or the Central Government, or the board of directors or any events wherein such permission or authority is either not obtained or denied either before or after the organization of the relevant events or contest(s).
By accepting these Terms and Conditions, the Users agree not to make any demands or claims in the event of suspension or closure of any services, events or contests organized/provided by THINK11.
Neither party to these Terms and Conditions shall be liable for any loss and/or any failure to perform any obligation under these Terms and Conditions due to causes beyond its reasonable anticipation or control including real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident and defect in electricity or telecommunication network, among other events.
Force Majeure and/or another event beyond THINK11’s control hindering, delaying or complicating the maintenance of the THINK11 Game/Tournament/Contest, shall entitle THINK11 to suspend or limit the THINK11 Game/Tournament/Contest until further notice.
ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are aboveeighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
THINK11 takes children's privacy seriously and encourages parents and/or guardians to play an active role in their children's online experience at all times. THINK11 does not knowingly collect any personal information from children below the aforementioned age and if THINK11 learns that THINK11 has inadvertently gathered personal data from children under the aforementioned age, THINK11 shall take all reasonable measures to promptly delete such personal data from THINK11’s records.
You further represent and warrant that you are not located in any Excluded State in India where THINK11 is prohibited to be offered and/or accessed under the Indian laws.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THINK11 without restriction.
CHANGES TO TERMS AND CONDITIONS
We reserve the right, to modify these Terms and Conditions at any time. Any changes to Terms and Conditions will be posted on the THINK11 site and it is your responsibility to review these Terms and Conditionsfor any changes. Your continued use of the THINK11 site following a posting of changes is your agreement to the changes/amendments and you shall be bound by the current and updated version of these Terms and Conditions. If any changes/amendments to these Terms and Conditions are unacceptable to you, you must discontinue the use of services offered by THINK11. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the THINK11 site, including for any violation of any provision of these Terms and Conditions. We also reserve the right to change the THINK11 site without notice to you, at any time.
No waiver of any terms of theseTerms and Conditions shall be deemed a further or continuing waiver of such term or any other term and THINK11’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and THINK11 and you shall have no authority to bind THINK11 in any manner, whatsoever. If you are registering on the THINK11 site as a business entity, you represent that you have the authority to bind the entity to this Agreement.