TERMS & CONDITIONS
Residents of the Restricted Territories may only participate in the Free Fantasy Sports Contests. The above restrictions also apply to players from other countries where it is not legal to engage in fantasy sports. It is the responsibility of individuals to determine if using the app is legal or not legal within your respective jurisdiction or country. In case the use of the app would violate laws within your jurisdiction, then it is the player’s responsibility to not use the app.The Operator acknowledges that as most of the players play for pure entertainment purposes we encourage players to follow responsible play.
WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE USERS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR EVALUATING IF USE OF THIS RAGE.FAN OFFERING IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT PROSPECTIVE USER’S RESIDENT JURISDICTION.
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
BY USING THE APP OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS.
Any changes to these Terms will be in effect as of the “Last Updated Date” referred to at the top of this page. You should review these Terms before using the App or purchasing any product or using any services that are available through this App
Your continued use of this App after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
By using this App, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using this App on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. The words “User”, “you” and “your” as used in these Terms & Conditions will refer to and apply to
- each user who uses the App on behalf of the entity, and
- you personally.
You may not use this App if you:
- do not agree to these Terms;
- are not of the age of majority in your jurisdiction of residence; or
- are prohibited from accessing or using this App or any of this App’s contents, products or services by applicable law.
RAGE.FAN SPORTS FOUNDATION LTD, together with its holding companies, subsidiaries and affiliates (hereinafter referred to as “us”, “we” and/or “Company”) welcomes you to Rage.Fan (the “Site”) and the to the Rage Mobile Application (“App”). “Rage.Fan” shall collectively mean the Site and the App. These are the Terms & Conditions (the "Terms & Conditions") that govern your (“User”) access to, and use of Rage.Fan.
The ability to participate in contests or games made available to the User by Rage.Fan (each, a “Contest”), is only intended for, and directed to, residents of jurisdictions where the Contest and accessing Rage.Fan is lawful and such residents have attained the age of majority within such jurisdictions.
By accessing and using Rage.Fan everytime, the User signifies that they have read, fully understand and agree to be legally bound by these Terms & Conditions, including without limitation that the User will comply with all applicable laws, regulations, contest rules (for example, if the User enters or otherwise participates in Contests made available to the User via Rage.Fan) (the “Applicable Contest Rules”).
We suggest the User print a copy of these Terms & Conditions for their records.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms & Conditions at any time without incurring any liability or obligation whatsoever to the User or any other person or entity. If we do this, we will indicate at the top of this page the date these Terms & Conditions were last revised.
The User hereby acknowledges and agrees that we reserve the right at any time to modify or discontinue the whole, or any part of, Rage.Fan, without notice, and that we will not be responsible or liable, directly or indirectly, to the User or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
Further, the Company may in its sole discretion, in relation to Rage.Fan:
- Restrict, suspend, or terminate any User's access to all or any part of Rage.Fan or the Contests;
- Change, suspend, or discontinue all or any part of the Contests;
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on Rage.Fan;
- Deactivate or delete a User's account and all related information and files on such User’s account;
- Establish general practices and limits concerning use of Rage.Fan and operation of the Contests;
- Offer discounts to its users in form it deems fit or
- Offer sign-up and referral bonuses in a form and manner as the Company deems fit. The Cash Bonus and the Bonus Coins shall collectively be known as “Discounts”.
- Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event (as defined below); and
- Assign its rights and liabilities to all User accounts hereunder to any entity.
Registration and Account Security
To access and use certain features of the services, Rage.Fan and the Contests the User shall be required to link a wallet. When the User links a wallet, the User agrees to: provide accurate, current and complete information about oneself as may be prompted (“Registration Data”); maintain the security of the password and identification; and maintain and promptly update the Registration Data to keep it accurate, current and complete. The User shall be responsible for making sure that the password is secure and safe, and the User accepts all responsibility for any activity that occurs through the User’s account, with or without their knowledge. The User agrees that they will not do anything that might jeopardize the security of their account, including sharing their password with or logging in through unauthorized third-party applications or clients. If the User uses any such third-party applications or clients, the User acknowledges and agrees that we will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of the User’s account information or messages. We may need to contact the User about the use of Rage.Fan and/or the Contests. These communications are part of the Services and the User may not opt-out from receiving them. When registering with us (or a third party) to use any such features and/or portions of the Rage.Fan, the User agrees:
- that such User will provide complete and accurate information about themselves; and
- to update such information as it changes such that it always remains complete and accurate.
- first name;
- last name;
- mobile number and/or e-mail address
In the event that the User does not provide or update such information, or we have reasonable grounds to suspect that the User has not provided or updated such information, we shall have the right, in our sole and absolute discretion, to prevent the User from using Rage.Fan, or any features and/or portions of Rage.Fan. As noted above, the User may also be permitted to access or use certain features and/or portions of Rage.Fan via personal account(s) with third parties (for example, personal social media accounts). It is the User’s sole responsibility to keep password(s) confidential and secure. The User’s account(s), username(s) and password(s) are personal to such User and may not be shared with or transferred to any other person. We are not responsible for the User’s failure to comply with this clause, or for any delay in shutting down such a User's account after a breach of security has been disclosed to us. The Users are solely responsible for any and all activities which occur in connection with their User account.
The User shall be required to provide their:
to create an account for the purposes of participating in Contests as listed on Rage.Fan. In order to participate in paid Contests, the User shall be required to top-up funds into their wallet with Rage tokens on Rage.Fan from time to time.
By entering or otherwise participating in any Contests, the User agrees to be legally bound by the Applicable Contest Rules. The User is solely responsible for ensuring that participation in any Contest is compliant with all applicable laws, regulations and Applicable Contest Rules.
Applicable Contest Rules
- A User shall not register or operate more than one User account on Rage.Fan and/or with the Company;
- Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with the Contests and/or the Rage.Fan experience or assist in such activity;
- Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Rage.Fan or any other person's use or enjoyment of Rage.Fan in any manner or form.
- Users shall not attempt to gain unauthorised access to the User accounts, servers or networks connected to Rage.Fan by any means other than the User interface provided by the Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Rage.Fan.
- Participation Criteria
- The User shall have attained the age of 18 on the date that the User creates an account as under Clause 2 above;
- No User shall enter a prize Contest if such User is an employee or operator of another daily fantasy sport platform with a similar model to that of the Company and/or Rage.Fan;
- No User shall vide its affiliation with another daily fantasy sport platform have access to such daily fantasy sport platforms non-public confidential data;
- The User shall not be athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners with respect to the sport for which the Contest is created; The User shall not falsify ones’ own information;
- The User shall not engage in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the User;
- No User shall accumulate points or prizes through unauthorized methods such as automated bots, or other automated means;
- No User shall tamper with the administration of a Contest or try to in any way tamper with the computer programs or any security measure associated with a Contest;
- Contest Details
- As a part of its services, the Company shall make such Contests available on the Rage.Fan platform as listed on the Contests page available by clicking the title of the respective game (each a “Game”)
- Users intending to participate in such Contests shall be invited to create their own fantasy team (“Team”) consisting of real-life athletes and/or players with respect to each Game for the duration of the match and/or a tournament with respect to the Game.
- Depending upon the circumstances of each match, the Users can edit their Teams till the official match start time as per the match data received by Rage.Fan.
- Teams shall be awarded points on the basis of the real life athletes and/or players performances at the end of a designated Game event, match or tournament of the Contest(s). The User whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners").
- The Contests in addition to these Terms & Conditions shall be governed by fantasy rules in relation to each Game, as available by clicking the title of the respective Game within the contest section of the app. Users may participate in the Contest(s) by paying the pre-designated amount (Rage Tokens) as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing the Company services and pre-determined User’s contribution towards prize money pool. The winners of a Contest shall be determined based on the rules which govern the Contest in question as stated on the relevant Contest(s) page.
- The Users acknowledge and agree that, unless otherwise stated in the contest rules specific to that contest, they may enter only one Team in any Contest offered in relation to a Game Event, match or tournament.
- Game of Skill
- 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) as envisaged above are games of skill as the success of the Users depends primarily on their superior knowledge of the Games, statistics relating to such Games, the User’s knowledge of athletes and/or player’s relative form, athletes' and/or players performance in a particular setting, the strength of the real-life team, attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Users to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
- By participating in such Contests, the Users acknowledge and agree that they are participating in a game of skill.
Validation of Results/Winners
- The calculation and display of points during the period wherein the Game with respect to the Contest is in process is purely of enjoyment and informative purposes. No calculation of points shall be considered as final and binding till such time as the Company declares it as such.
- Upon validation of the statistics in relation to Game upon completion of the Game by the statistics providers of the Company, Rage.Fan shall update the status of the Contest as ‘Completed’. The points as displayed post such completion shall be the final points awarded to Users in relation to the Contest and the same shall be final and binding on the User.
- The Company shall receive the statistics from various third-party providers and the same shall be subject to change based on the commercial agreements between the Company and such third-party providers.
- In the event of any corrections being issued in relation to Contests by the third-party providers post the winnings being deposited in the account maintained by the User with Rage.Fan, such changes shall not impact the results of the Contests in any manner or form. Provided however, if any of the aforementioned corrections are due to any bugs and/or errors arising due to Rage.Fan’s systems, servers or applications, the results of the Contests shall be adjusted accordingly.
- Cancellation/Invalidation of Contests. Without limiting any provision set forth in the Rules, Rage.Fan reserves the right to terminate and/or invalidate the results of any and all Contests (including associated Prizes and/or Free Contests, as applicable) where Rage.Fan determines, in its sole and absolute discretion, that such cancellation/invalidation: (i) is necessary or advisable due to any change in or to any law, regulation or legal interpretation thereof affecting the Contests in any way; and/or (ii) for purposes of preventing abusive, fraudulent, unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, fraudulent, unfair or potentially unlawful activity. On cancellation of the contest the smart contract will be liquidated and users allowed to withdraw their participation fees.
- In addition to these Terms & Conditions, any and all amounts in relation to winnings from Contests are held in a smart contract. The contest fees are locked in the smart contract. The users who are eligible for winning on completion of the match can withdraw their winnings pursuant to the smart contract. In case of cancellation of the match, the Contest will be dissolved and users can withdraw from the smart contract.
- It is clarified that the Company has no right or interest in tokens or in prize money, and only acts as an intermediary engaged in collecting and distributing the prize pool and/or winnings in accordance with the Applicable Contest Rules and these Terms & Conditions. The amount to be paid-in by the User towards the prize pool would be locked in a smart contract as stated above.
- Each User shall be permitted to connect their blockchain wallet for the purposes of paying for contest fees.
- A User shall be permitted to withdraw any winnings through the smart contract. The Company reserves the right to forfeit any amount not withdrawn from a smart contract, without liability or obligation to pay any compensation to the User.
- Nothing contained herein shall be applicable for Bonus Coins and/or Cash Bonus as may be issued to Users by the Company from time to time for any reason whatsoever. Such Bonus Coins and/or Cash Bonus shall be utilized solely on the Platform and shall have no monetary value whatsoever. Bonus Coins and/or Cash Bonus may not be converted into cash and/or funds and shall not be subject to any form of refund and/or withdrawal vide these Terms & Conditions or the Refund Policy.
Verification of Winners
- Rage.Fan reserves the right to disqualify and/or invalidate any prizes awarded where the applicable prize winner failed to comply with the agreement and/or these Terms and Conditions, in any manner.
- The decision of the Company with respect to awarding of prizes shall be final, binding and non-contestable.
- To the extent permitted by law, the Company makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
- The Company may at its sole and absolute discretion, vary or modify the prizes being offered to winners. Users shall not raise any claim against the Company or question its right to modify such prizes being offered, prior to closure of the Contest.
- All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Certain features and/or portions of Rage.Fan may (or may in the future) permit the User to upload, post, stream, make available or otherwise submit content (including without limitation in connection with Contests made available to the User via Rage.Fan) (the “User Content”). By using any such features and/or portions of Rage.Fan and submitting User Content, the User gives the Company permission to use such User Content through Rage.Fan in perpetuity and for no additional fee. Without limiting the generality of the foregoing, by using Rage.Fan and providing User Content, the User hereby: (i) grants to Company a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, publish, communicate to the public by telecommunication, make available, edit, modify, translate, create compilations and derivative works from, and otherwise use (collectively, to “Use”) any and all User Content (in any format or media) that the User posts on, uploads or otherwise submits to or through, Rage.Fan for any purpose; (ii) grant to each user of Rage.Fan a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to Use any and all User Content (in any format or media) that the User posts on, uploads or otherwise submits to or through, Rage.Fan via any functionality that may be available on Rage.Fan; and (iii) waive all moral rights in and to all User Content that User posts on, uploads or otherwise submits to or through, Rage.Fan in favour of Company (and any third party authorized by Company to use such User Content, including without limitation the Users). For greater certainty, this means that, among other things, the Company has the right to use any and all ideas the User submits (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to the User whatsoever.
Further, the User agrees that we can use such User Content without any restriction or compensation to the User. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the Company, or obtained from sources other than the User.
Acceptance of a prize by the winner constitutes permission for the Company, and its affiliates to use the User's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
The winners further undertake that they will be available for promotional purposes as planned and desired by the Company without any charge. The exact dates remain the sole discretion of the Company. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
Code of Conduct
In respect of User Content:
- The User(s) hereby agrees that they shall not use Rage.Fan to upload, post, stream, make available or otherwise submit User Content through, or to, Rage.Fan that:
- Harasses, insults, demeans or otherwise negatively targets any third party (including without limitation other Users);
- Degrades, disparages, tarnishes or deprecates the Company and/or the public image or standing in the community of Company provided it is understood that this shall not be interpreted to prohibit the User from expressing the User’s true and honest experience with Company or its products or services as required under applicable law;
- Is defamatory, libelous, pornographic or obscene;
- Contains, depicts, includes, discusses or involves any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or obscene behaviour or conduct; commercial messages, comparisons or solicitations for products or services other than products of Company; any identifiable third party products, trade-marks, brands and/or logos, other than those of Company; conduct or other activities in violation of these Terms & Conditions; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Company in its sole and absolute discretion;
- Contains any personal information of third party individuals or that includes the name, image, voice or other likeness of any third party third party individuals, unless consent has been obtained from each such individual (and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence) to any collection, use and disclosure of their personal information, name, image, voice or other likeness (as applicable);
- Infringes, or might infringe, or misappropriates the intellectual property rights, privacy rights, rights of publicity, or any other rights of third parties or give rise to any claims for payment whatsoever;
- Contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of any software or hardware or telecommunications equipment including any aspect of Rage.Fan;
- Contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless the User has first obtained all necessary consents (and paid any necessary usage fees) from the owner of such materials.
The User hereby agrees that they shall not use Rage.Fan to:
- Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of Rage.Fan;
- Collect information about other Users without their consent;
- Use scrapers, indexing tools, or other automated tools (including without limitation for the purposes of data mining, surveying on Rage.Fan or participating in Contests made available on Rage.Fan); and/or
- Upload, post, email, transmit or otherwise make available any content that the User does not have the right to disclose or make available.
- Further, the User(s) hereby agrees that they will only use Rage.Fan in compliance with applicable laws, regulations, Applicable Contest Rules and shall not engage in any activity on Rage.Fan that infringes third party rights or might otherwise constitute an actionable offence (including without limitation that might constitute a tort) or that is prohibited or unauthorized (including without limitation unauthorized entry into the systems, misuse of passwords, or misuse of any information on Rage.Fan).
- The User agrees and acknowledges that he/she shall be solely responsible for the content that is uploaded onto Rage.Fan or related fora, and that any liability that arises by virtue of such content being displayed on Rage.Fan or related fora shall accrue to the User only. The Company shall not be held liable in any manner, in relation to the contents of the posts uploaded by the User.
Rage.Fan (excluding User Content) consists of various graphics, artwork, multimedia, texts, icons, buttons, plug-ins, programming, technology, databases, domain names, inventions, specifications, designs, logos, service marks, trade dress, trade names, trademarks, brand names, know how, processes, techniques, trade secrets and other content that have been made available by Company or other entities with our permission (collectively, the “Rage.Fan Content”). All Rage.Fan Content is owned by the Company and/or the applicable third party entity. For greater certainty, Company and applicable third party entities hold all right, title, and interest in and to any and all Rage.Fan Content made available on Rage.Fan. The User hereby acknowledges that Rage.Fan Content is protected by intellectual property laws (including without limitation copyright, trade-mark, patents and trade secrets) and other applicable contractual, proprietary and economic rights. The Users use of Rage.Fan does not grant or transfer to the User any ownership in or to Rage.Fan Content, and except as expressly provided, nothing herein or within Rage.Fan shall be construed as conferring on the User or any other person any license to use any of Company or any rights in or to Rage.Fan Content, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Rage.Fan Content in any manner whatsoever. Any rights not expressly granted to the User (including without limitation in respect of Rage.Fan Content) in these Terms & Conditions are expressly reserved by Company (or applicable third party entities). For greater certainty, the User agrees that they will not take any action that is inconsistent with Company’s ownership of Rage.Fan and/or Company’s (or applicable third party entities’) ownership of any Rage.Fan Content. Without limiting the generality of the foregoing, User shall be entitled to copy Rage.Fan Content contained within Rage.Fan only for their own non-commercial use, but may not republish or reproduce any such Rage.Fan Content in any manner without the prior written consent of Company.
Company hereby grants each User of Rage.Fan a limited, non-exclusive and revocable license to make non-commercial use of Rage.Fan and Rage.Fan Content. For greater certainty, this limited license only allows the User to view, download or print materials from Rage.Fan only for its own non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce, republish, retransmit, alter, edit or otherwise use, in any form, any content contained within Rage.Fan.
Without limiting the generality of the foregoing, the username provided to the User at the time of registration remains the Company’s sole and exclusive property and Company reserves the right to revoke and re-assign a username for any reason (including without limitation if a username is generally associated with another high profile user, as determined by Company in its sole and absolute discretion) without liability or other obligation to the User.
Users that possess the requisite technology shall have the opportunity to view certain sports-related and other media (downloaded, streaming or samples), statistics, software, text, images,graphics, user interfaces, audio, trademarks, logos, artwork, Feedback (as defined below) and other content made available by and through the Site (collectively, “Content”) as compiled, distributed and displayed by Rage.Fan, as well as Users and third party services/entities (collectively, “Third Party Providers”) that provide sports-related news and information by and through the Site via updated news feeds. The Content should not necessarily be relied upon. The Third Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. You may find certain Content to be harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
To the extent permissible by applicable law, you understand and agree that Rage.Fan will not be responsible for, and Rage.Fan undertakes no responsibility to monitor, or otherwise police, the Content. To the extent permissible by applicable law, you agree that Rage.Fan shall have no obligation and incur no liability to you in connection with any Content.
User Waivers and Representations (Re: User Content)
By using Rage.Fan and providing User Content, the User hereby acknowledges, agrees, warrants and represents to Company (and any third party authorized by Company to use such User Content, including without limitation Rage.Fan Users) that any and all User Content (in any format or media) posted on, uploaded to or otherwise submitted to or through, Rage.Fan:
- Is original to and that all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through Rage.Fan and permit its use in accordance with these Terms & Conditions have been obtained; and
- Does not violate any applicable laws, regulations or Applicable Contest Rules; and
- Complies with these Terms & Conditions.
Without limiting the generality of the foregoing, the User also hereby acknowledges, agrees, warrants and represents to Company that:
- The User shall be responsible for all acts or transactions that occur under their account(s), including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content the User uploads, posts or otherwise transmits to or through Rage.Fan;
- The Company cannot (nor is the Company required to) guarantee the accuracy, reliability or completeness of any User Content; and
- The Company does not generally screen or edit User Content, but that the Company reserves the right, in its sole and absolute discretion and at any time, although the Company is under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on Rage.Fan.
Indemnification by User
By using Rage.Fan and participating in the Contests therein, the User hereby agrees at all times to indemnify, defend and hold harmless Company, its affiliates, subsidiaries, each of their respective agents, employees, directors, officers, representatives, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to the User’s use of Rage.Fan, User Content, participation in the Contests and/or breach of these Terms & Conditions, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.
Notice of Infringing User Content
While the Company is under no legal obligation to actively screen or edit User Content, the Company reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a User to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
Disclaimer and Limitation of Liability
Rage.fan and all information contained on or accessed from rage.fan is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the fullest extent.
Without limiting the generality of the foregoing, the Releasees make no representation or warranty that: (i) Rage.Fan will be compatible with the User’s computer and software; (ii) Rage.Fan will be available or will function without interruption or error; (iii) the use of Rage.Fan, including, without limitation, the browsing and downloading of any information, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from Rage.Fan will be secure; (v) the use of Rage.Fan will not infringe the rights (including, without limitation, intellectual property rights) of any person; or (vi) the use of Rage.Fan will not cause any damage to the User’s computer systems, software or electronic files.
Comments or opinions expressed on Rage.Fan are those of the respective Users only. The views expressed on Rage.Fan and in User Content do not necessarily represent or reflect the views of the Company. The Releasees are not responsible for, and disclaim all liability in relation to, the User Content posted, uploaded or otherwise submitted to or through Rage.Fan.
Any products and/or services described on Rage.Fan are offered in jurisdictions where they may be legally offered for sale. The information on Rage.Fan is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
The Releasees will not under any circumstances be liable to the User or any other person or entity for any damages whatsoever arising from, connected with, or relating to Rage.Fan. The User expressly acknowledges that the Company has entered into these Terms & Conditions with the User and makes Rage.Fan available to the User, in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this section, and that the same forms an essential basis of the bargain between the User and the Company. The User expressly agrees that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of these Terms & Conditions.
The User agrees to receive alerts and notifications from the Company in relation to Rage.Fan. As part of the User’s use of Rage.Fan, they may receive notifications relating to offers, discounts and general information via text messages, or by emails for the purpose of collecting feedback regarding our services. The User agrees to the receipt of these communications.
The User acknowledges that any SMS service provided by the Company is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event, the Users observe any error in the information provided in the alert, the Company shall be immediately informed about the same by the User and the Company will make best possible efforts to rectify the error as early as possible. The User shall not hold us liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the User on account of the facility.
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage the User may experience or costs the User may incur as a result of any electronic transmissions over the internet or otherwise within Rage.Fan, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain the User’s personal information). In no event will the information the User provides on or through Rage.Fan be deemed to be confidential, create any fiduciary obligations to the User on our part, or result in any liability to the User on the Company’s part in the event that such information is inadvertently released by us or accessed by third parties without the User’s consent. While every effort is made to ensure that all software provided on Rage.Fan is suitable for use on a wide variety of computer systems, the User should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with the User’s specific computer system. The User should ensure that they have a complete and current backup of the information contained on their computer system prior to installing any such software.
Accuracy and Changes
We are not responsible if information made available on Rage.Fan is not accurate, complete or current. The material on Rage.Fan is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on Rage.Fan is at the User’s own risk. Rage.Fan may contain certain historical information. Historical information, necessarily, is not current and is provided for the Users reference only. We reserve the right to modify the contents of Rage.Fan at any time, but we have no obligation to update any information on the same. The User agrees that it is their responsibility to monitor changes to Rage.Fan.
- In addition to the above, the Company reserves the right to terminate the User’s access to Rage.Fan if:
- the User does not pay the requisite fee, if any, should the Company charge for usage of Rage.Fan; or
- the Company is required to do so under applicable law;
If any provision of these Terms & Conditions is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms & Conditions shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms & Conditions.
These Terms & Conditions are binding upon the User, their heirs, executors, beneficiaries, successors and assigns and the User may not assign these Terms & Conditions to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
The User agrees to provide such further documents or instruments, and take such further actions, reasonably requested by Company to evidence, give effect to the purposes of these Terms & Conditions and carry out its provisions.
Company may assign these Terms & Conditions in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to the User or their consent.
The use of Rage.Fan by the User does not create any relationship between the User and the Company. The User has no right to bind the Company to any obligation, without the explicit written permission of the Company on its letterhead accompanied by the Company’s seal.
In the event, the Company is not able to perform any of its obligations or provide the User access to any services due to an act beyond its reasonable control including but not limited to flood, war, epidemic, cyclone, terrorist attack, any change of law by governments or business exigencies of the Company, the same shall be deemed to be a “Force Majeure” event, and the Company shall not be held liable for any failure to provide the whole or any part of its services to the User.