ISL Fan Wall Terms and Conditions
Football Sports Development Limited (‘FSDL’) is conducting the Fan Wall programme (‘the Programme’) on the Indian Super League (‘ISL’) website at https://www.indiansuperleague.com, and on the official ISL mobile applications (together, “Platform”). The Programme allows ISL fans to submit certain fan created and fan generated content, which may include (without limitation) any audio-visual footage, still images or any other kind of material (‘Fan-Content’) featuring the fans specifically showing their support for the ISL and/or its participating teams (‘Clubs’) which may be displayed on the ‘Fan-Wall’ to be put up in the various venues and/or studios where the ISL 2020-2021 Season matches or match coverage will be taking place. The submission of any such Fan-Content shall be subject to the terms and conditions as set out below.
For the purpose of these Terms and Conditions (“Terms”), wherever the context so requires "You", “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Platform to participate in the Programme. “We”, “Us” or “Our” shall mean FSDL/ISL, its employees, and authorised agents that perform any services on FSDL’s behalf in relation to the Programme.
We may at Our sole discretion, (i) Restrict, suspend, or terminate any User's access to all or any part of the Platform, including the Programme; (ii) Change, suspend, or discontinue all or any part of the Platform, including the Programme; (iii) Reject, move, or remove any Fan-Content that may be submitted by a User; (iv) Move or remove any Fan-Content or FSDL Platform Content (defined below) that is available on the Platform; (v) Deactivate or delete an Account and all related information and files on the Account (defined below); (vi) Establish general practices and limits concerning use of the Account; and (vii) Assign Our rights and liabilities to all Accounts hereunder to any entity (post intimation of such assignment to all Users on Their registered email addresses).
In the event any User breaches, or We reasonably believe that such User has breached these Terms, or has illegally or improperly used or accessed the Platform or Programmer, We may, at Our sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Platform or Programme, deactivate or delete the User's Account and all related information on the Account, delete any content/entry/prediction submitted by the User on the Platform and/or in the Programme and further, take technical and legal steps as We deem necessary.
In case of any breach or violation by the User of these Terms, We will forthwith disqualify any Fan-Content and/or You shall automatically be blocked from accessing the Programme or submitting any Fan-Content henceforth, without any liability to you whatsoever and may take such further action against You under law as We may deem fit in Our sole and absolute discretion.
You and hereby agree and acknowledge that FSDL shall be entitled to select any Fan-Content to be displayed on the Fan-Wall as per its sole discretion and You hereby accept that simply by submitting Fan-Content pursuant to the Programme doesn’t entitle You to have the Fan-Content as submitted by You displayed on the Fan-Wall.
You may participate in the Programme and submit the Fan-Content only if You, as of the date of commencement of the Programme, are:
- An adult opting to have myself (including my image, speech, sounds, actions, behavior and movements) audio-visually filmed live, and recorded by or on behalf of FSDL, via a camera on my computer, mobile phone, tablet or other device approved by FSDL
- Have access to an internet connection and device listed above and willing to be available for test runs or technical checks as may be required by FSDL
- ) Willing to ensure that no other persons apart from me will appear in the Performance or otherwise partake in the Activity nor will I, directly or indirectly grant them access to the Link and/or the Feed;
- in the event that any other person (apart from me) aged 18 or over appears in the visual recording of my Performance, I have obtained their consent to the use of their recording on the terms set out above and shall ensure that they comply with the warranties and undertakings set out herein; and
- in the event that any other person aged under 18 appears in the visual recording of my Performance, I acknowledge that I am their parent or legal guardian and consent to their appearance in the Performance on the terms set out above.
In order to participate in the Programme, You will need to login to your account on the Platform (“Account”) through your existing credentials if you are already a registered user/member on the Platform, or register and create an Account, if you are a new or unregistered user on the Platform. Registration will require You to fill up a ‘Registration Form’, and provide your full name, date of birth, state and city of residence, gender, account password, as well as a valid email address and mobile number, after which an Account will be created. Your account will not be considered active or eligible to participate in a Programme until the completion of verification.
During the registration process, You will be required to provide Your personal information, including, without limitation, Your full name, gender, date of birth, email address, mobile number, select your city and state of residence and choose a login password. You undertake that You will update this information and keep it current.
Any information provided by You to Us should be complete and truthful to the best of Your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us.
You acknowledge that We may, at any time, require You to verify the correctness of this information and in order to do so may require additional documentary proof from You, failing which We reserve the right to suspend or terminate Your Account and registration on the Platform for the Programme. Without prejudice to the foregoing, We reserve the right to verify Your identity proof from time to time and to cancel/disqualify any Fan-Content submitted by you should any inconsistencies arise in Our verification process.
You understand that it is Your responsibility to protect the information You provide on the Platform including but not limited to Your username, password, email address, contact details and mobile number. FSDL/ISL will not ask for Your Account login password, which is only to be entered at the time of login. At no other time should You provide Your Account information to any other User logged in on the Platform or elsewhere. You undertake that You will not login and then allow any other person to play from Your Account using Your Account. You specifically understand and agree that We will not incur any liability for information provided by You to anyone, which may result in Your Account being exposed or misused by any other person.
Participants can participate in the Programme only on the Platform. The Programme provides an opportunity for Participants to demonstrate their passion and support for the ISL and Clubs by sending the Fan-Content to be displayed on the Fan-Wall in the various venues where the matches of the ISL 2020-21 Season will be held, in accordance with these Terms.
In the event that and ISL Match is rescheduled after the commencement of the Programme (“Rescheduled Match”), the Programme will resume for the Rescheduled Match on the rescheduled date as notified by the ISL authorities and any Fan-Content submitted shall be considered on such rescheduled date.
If any Participant’s Fan-Content is selected for display on the Fan-Wall such Participant shall be contacted by ISL in such manner as ISL requires, on the mobile number or email address associated with the Participant’s Account. In the event that any such Participant is not reachable, they shall be informed solely as per FSDL’s discretion, that their right to have their Fan-Content displayed, has been forfeited.
You understand and accept that Your participation in the Programme and sending the Fan-Content in pursuance thereto does not create any obligation on Us to display Your Fan-Content. The chance to have Your Fan-Content displayed is subject entirely to FSDL’s discretion and subject to these Terms
Any information provided by You to Us, whether at the stage of registration or any time subsequently, should be complete and truthful.
You hereby confirm that You are eligible to participate in the Programme in accordance with the terms specified above. FSDL reserves the right to restrict access to, and participation in, the Programme to any person, from time to time in Our sole discretion.
You are aware that participation in the Programme organized by Us does not guarantee that Your Fan-Content will be displayed. With full knowledge of the facts and circumstances surrounding this Programme, You are voluntarily participating in the Programme and assume all responsibility for any risk resulting from Your participation.
You understand and agree that You are solely responsible for all Fan-Content posted, transmitted, uploaded or otherwise made available by You. By submitting any Fan-Content for the Programme on the Platform, You agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, edit, translate, create derivative works from, transmit, and share Your Fan-Content and to use such Fan-Content in an anonymized, aggregated and de-identified manner in any related marketing materials produced by Us or Our affiliates. You also understand that You do not obtain any rights, legal or equitable, in any material incorporating Your Fan-Content. You further agree and acknowledge that FSDL has the right to use in any manner whatsoever, all communication or feedback provided by You.
You shall not hold FSDL responsible for not being able to participate in the Programme for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Account as Your Account may be pending validation or You may be suspected or determined to have violated any of the Terms or Platform Terms. Further, FSDL will not be responsible for any break or disconnection or disruption in Your internet or network connectivity in any manner, which results in any break or disruption in Your access to the Platform and the Programme. You shall not hold FSDL/ISL responsible for any loss or outage or dissatisfaction suffered by You during the course of participating in the Programme, including any inability to access and/or use the Platform and/or the Programme, due to loss or outage of Your internet or mobile network connectivity.
You acknowledge and consent that Your Fan-Content may be publicised as part of this Programme and you must, at the request of FSDL, participate in all promotional activity (such as publicity and photography) surrounding your Fan-Content free of charge, and You consent to FSDL using your name, likeness and image in all promotional materials.
You consent to receiving communications such as announcements, updates, administrative messages, promotions and advertisements from FSDL or any of its partners, licensors or associates.
You are prohibited from using the Platform for any purpose that may be construed as circumvention or breach of applicable law/regulations.
Your registration across the Platform is restricted to a single Account, which will be used by You to inter alia enter the Programme. You are prohibited from creating or using multiple Accounts across the Platform for participation in the Programme.
Your participation in the Programme, use of the Account and the Platform shall be subject to the Platform Terms, available on https://www.indiansuperleague.com/terms-and-conditions, as well as such other terms applicable to your Account and notified to You on the Platform.
You shall not exploit the Programme and Fan-Content submitted on the Platform for commercial purposes including but not limited to, (i) providing an over-the-top service that utilises the Programme or Platform to operate, or (ii) charging any fees for participation in the Programme or (jii) enabling network access of the Programme over the internet or through gaming networks or through connection to an unauthorized server that copies the Programme experience on the Platform.
You shall not post any Fan-Content and/or any material or comment, on any media available for public access, which in Our sole discretion, is defamatory or detrimental to Our business interests, notwithstanding the fact that such media is not owned or controlled by Us. In addition to any other action that We may take pursuant to the provision hereof, We reserve the right to remove any Fan-Content and all material or comments posted by You; when in Our sole opinion, any such Fan-Content and/or material or comments posted by You are defamatory or detrimental to Our business interests.
All content and material on the Platform including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, statistics, games and software (collectively referred to as "FSDL Platform Content"), whether or not belonging to FSDL, are protected by applicable intellectual property laws. Additionally, all Fan-Content, chat content, messages, images, recommendations, emails, images sent by any User can be logged/recorded by Us and shall form part of the Programme and FSDL is free to use this material in any manner whatsoever.
The Platform may contain information about or hyperlinks to third parties. In such cases, We are not responsible in any manner and do not extend any express or implied warranty as to the accuracy, integrity or quality of the content belonging to such third party websites. If You rely on any third party content posted on the Platform, which does not belong to Us, You may do so solely at Your own risk and liability.
All FSDL Platform Content on the Platform in relation to the Programme shall be utilized only for the purpose of availing and accessing the Programme and in conformity with the Terms.
You acknowledge that all ownership rights and all copyright and other intellectual property rights in the FSDL Platform Content are owned by FSDL or Our licensors/partner and that You have no right, title or other interest in any such items except as expressly stated in the Terms.
You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the FSDL Platform Content solely for the purposes of accessing and participating in the Programme and for no other purpose whatsoever.
You shall not sub-license, assign or transfer the license granted to You, or rent or lease or part with the whole or any part of such license or of the FSDL Platform Content included in such license, if any.
You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of FSDL Platform Content on the Platform in any manner other than as permitted for obtaining access to or participating in the Programme.
In the event of breach of any of the Terms being evidenced from Our investigation or if there is reasonable belief, in Our sole discretion, that Your continued access to the Platform/Programme is detrimental to the interests of FSDL, Our other Users or Participants or the general public, We may in Our sole discretion take any or all of the following actions:
- Restrict You from the Programme/Platform;
- Permanently suspend and terminate Your Account on the Platform;
- Forfeit and cancel your right to have your Fan-Content displayed;
- Demand damages for breach and take appropriate civil action to recover such damages; and/or
- Initiate prosecution for violations that amount to offences in law.
Additionally, in the event of committing material breach hereof, We reserve the right to bar You from future registration on the Platform and/or participation in any other programmes/contests/promotions conducted by Us in the future.
The decision of FSDL on the action to be taken as a consequence of breach shall be final and binding on You.
Any action taken by FSDL shall be without prejudice to Our other rights and remedies available in law or equity.
Users shall access and participate in the Programme voluntarily and at Their own risk. FSDL shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Platform (including participation in the Programme) or due to the conditions specified in these Terms.
FSDL accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the Programme.
In consideration of FSDL allowing Users to access the Platform and participating in the Programme, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against FSDL, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of access and use of the Platform or related to the Programme.
In addition to specific references to limitation of liability of ISPL elsewhere in the Terms and Platform Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall FSDL be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with Your access to, or use of, or inability to access or use, the Platform including Your participation in the Programme. You further agree to indemnify Us and Our service providers and licensors against any claims in respect of any such matter.
FSDL shall not be liable to perform any of Our obligations under the Programme where We are unable to do so as a result of circumstances beyond Our control in the nature of fire, explosions, natural calamities, state emergency, riots, epidemics, pandemics, governmental or judicial acts or orders, government restrictions, change in the schedule, rules or regulations of the ISL, or any other force majeure condition, etc., and shall not be liable to the Participants in these circumstances.
Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
- the defamatory, undesirable or illegal conduct of any other User of the Platform;
- any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Platform;
- any loss incurred in transmitting information from or to Us or from or to Our Platform by the internet or by other connecting media;
- any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with Your access to the Platform including your participation in Programme;
- the accuracy, completeness or currency of any information services provided on the Platform;
- any delay or failure on Our part to intimate You where We may have concerns about Your activities;
- any delay in Your Fan-Content being displayed pursuant to Your participation in the Programme;
- Your activities / transactions on third party websites or applications accessed through links or advertisements posted on the Platform.
The Platform and the FSDL Platform Content present on it are provided strictly on an "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. FSDL does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Platform or its Content including software, Your Account, the Programme, or continued operation or availability of any facility on the Platform.
Additionally, FSDL does not promise or ensure that You will be able to access Your Account or obtain access to the Platform whenever You want. It is entirely possible that You may not be able to access Your Account or the Platform at times or for extended periods of time due to, but not limited to, system maintenance and updates.
FSDL disclaims responsibility and liability for any harm resulting from cancellation or postponement of the Programme organized by it.
FSDL specifically disclaims any liability in connection with any statutory permissions that may be required in relation to the Programme made available and organized on the Platform, in the event such permissions are denied or cancelled whether prior to or during such Programme or event.
FSDL specifically disclaims any liability arising out of the conduct or supply of goods or provision of services by its sponsors, partners, service providers, vendors, or any damage or injury arising out of Your usage of such goods or availing of such services. YOU AGREE THAT YOUR USAGE OR AVAILING OF A PRIZE SHALL BE AT YOUR SOLE RISK.
FSDL specifically disclaims any liability in connection with Your transactions with third parties, which may have advertisements or are hyperlinked on the Platform.
FSDL disclaims any liability in connection with violation of intellectual property rights of any party with respect to any third party content or other User content posted on the Platform. Intellectual property rights in any such content not belonging to Us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
FSDL specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Platform and the Programme.
FSDL disclaims liability for any risk or loss resulting to You from Your participation in the Programme, including all risk of financial loss.
To the extent permitted by law, and in consideration for being allowed to participate in the Programme, You hereby agree to indemnify, save and hold harmless and defend Us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that We may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against Us by any person in connection with:
- Unlawful, defamatory, offensive or illegal conduct by You or for anything that turns out to be fraudulent, misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from You or otherwise;
- use, abuse or misuse of Your Account on the Platform in any manner whatsoever;
- any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with Your access to or use of the Platform or participation in the Programme; and
- access of Your Account by any other person accessing the Platform using Your username or password, whether or not with Your authorization.
You shall be solely responsible for any consequences, which may arise due to Your access of the Platform by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Platform and Programme. You also undertake to indemnify Us and Our officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Us on account of such act on Your part.
You shall indemnify, defend, and hold Us harmless from any third party/entity/organization claims arising from or related to Your engagement with the Platform or participation in the Programme. In no event shall We be liable to any User for acts or omissions arising out of or related to User's engagement with the Platform or his/her participation in the Programme.
You may write to firstname.lastname@example.org with respect to any Programme related queries or assistance You may require or to notify Us of any grievances or concerns that You may have in relation to the Programme or to otherwise provide Us with feedback concerning the same.
Nothing contained in these Terms shall prevent Us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Our interest in case of any dispute.
Participation in the Programme is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this clause.
We reserve the right to make changes to these Terms at any time. We shall not be required to notify You of any changes made to the Terms. Any such modifications will become effective immediately upon posting to the Platform. As between FSDL and You, You shall be solely responsible for reviewing and becoming familiar with any such modifications. We may also, in Our sole discretion, notify You of such modifications, by contacting You through the registered email address and/or mobile number associated with Your Account (defined below). Access and/or participation in the Programme by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. You are advised to regularly visit the Platform to view the most current Terms. From time to time, We may by notification, require You to provide Your consent to the updated Terms in a specified manner, prior to any further use of the Platform and/or the Programme. You may then exercise the options provided in such notification to indicate non-acceptance of the modified Terms. If such options are not exercised by You within the time frame prescribed in the notification, You will be deemed to have accepted the modified Terms. We may also post supplementary conditions applicable to the Platform, Your Account and/or the Programme. In such an event, Your use of the Platform, Your Account and/or access and/or participation in the Programme will be governed by the Terms as well as any such supplementary terms that the Platform, Your Account and/or access and/or participation in the Programme may be subject to.
If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.