Terms & Conditions

USE OF THE SITE

Ultimate11 is the flagship brand of Pecunia Marketing Pvt. Ltd. (“Ultimate11”). Ultimate11 as used herein shall be construed as a collective reference to Ultimate11 and the Ultimate11 Application as well as website.

These Terms and Conditions of Use (“Terms”) set forth a legally binding agreement between any person accessing (‘User’) the Ultimate11 or the Ultimate11 App ('Ultimate11 platform') for participating in the various contests and games (including fantasy games), available on Ultimate11 platform ("Contest(s)") (‘Ultimate11 Services’). Additional fantasy games shall be made available on Ultimate11. The User shall be bound by these Terms and Conditions, Privacy Policy and all other rules, regulations and terms of use referred to herein or provided by Ultimate11 in relation to any Ultimate11 Services.

These Terms may change over time, in which case we will post the modified Terms on this page and change the “Effective Date.” Your use of the Site following a change to these Terms, signals your acceptance of the modification(s).

Ultimate11 may, at its sole and absolute discretion:

If Ultimate11 charges its Users a platform fee in respect of any Ultimate11 Services, Ultimate11 shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Ultimate11 Services on account of any negligence or deficiency on the part of Ultimate11, but not if such suspension or removal is affected due to:

Users consent to receiving communications such as announcements, administrative messages and advertisements from Ultimate11 or any of its partners, licensors or associates.

INTELLECTUAL PROPERTY

Ultimate11 comprises a group of content solely developed by Ultimate11, the partners of Ultimate11, licensors, associates and/or Users of Ultimate11. The partners, licensors, associates of Ultimate11 and/or Ultimate11 itself hold the intellectual property rights (“Intellectual Property Rights'') in all software underlying Ultimate11 and entirely owns the Features and material published on Ultimate11, including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation.

The users are not permitted to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or exploit any of the materials or content published on Ultimate11 in any manner, either in whole or in part until and unless users have written license from Ultimate11 team or authorities.

Users may request permission to use any Ultimate11 content by writing in to help@ultimate11.com.

Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Ultimate11 ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Ultimate11. Users agree to indemnify and hold harmless Ultimate11, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Ultimate11, by such User or through the User's commissions or omissions.

Users hereby grant to Ultimate11 and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Ultimate11(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Ultimate11.

THIRD PARTY SITES, SERVICES AND PRODUCTS

Ultimate11 may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the respective sites. Ultimate11 does not exercise control over any Internet sites apart from Ultimate11 and cannot be held responsible for any content residing in any such third-party Internet site. Ultimate11's inclusion of third-party content or links to any third-party Internet sites is not an endorsement by Ultimate11 of such third-party Internet sites.

Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that respective third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Ultimate11 will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

Ultimate11 contains content that is created by Ultimate11 as well as content provided by third parties. Ultimate11 does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the Ultimate11 Services provided on Ultimate11 including while participating in any of the contests hosted on Ultimate11.

PRIVACY POLICY

All sort of user information collected by Ultimate11 in terms of personal details and payment information at the time of registration is subjected to the Privacy Policy of Ultimate11 which can be reviewed by the users at Privacy Policy.

REGISTRATION FOR A CONTEST

In order to register for the Contest(s), Participants are required to accurately provide the following information:

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

In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Andhra Pradesh, Nagaland or Telangana, such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.

Once the Participants have entered the required information, and have clicked on the "register" tab, and such Participants are above the age of 18 years, they shall be sent an email confirming their registration and containing their login information.

USER CONDUCT

The Terms and Conditions, rules, regulations and terms of use defined by Ultimate11 for its users are mandatory to be followed by the users and in an event if the user fails to follow the Terms and Conditions, rules, regulations, and terms of use adequately, the authorities of Ultimate11 hold all the rights to take action against such user, which might include (but not limited to):

By accepting the Terms and Conditions of Ultimate11, the individuals using services provided by Ultimate11 agree to provide true, accurate, current and complete information while registration and at other times when demanded by Ultimate11. The individuals further provide consent to keeping their registration information updated.

A single user is permitted to register or operate only one user account with Ultimate11 (inclusive of both web & app).

The individuals using the services provided by Ultimate11 provide their consent for receiving all the communications from Ultimate11 by marking emails from Ultimate11 as part of their "safe senders" list. In an event, if any of the emails sent by Ultimate11 remains unread by the user because of being sent to the Spam or Junk folders, Ultimate11 shall not be held responsible.

Any sort of password issued by Ultimate11 to any of the individuals using any of the services provided by Ultimate11 are confidential and should not be shared by the users with anyone else. The users hold the sole responsibility of maintaining the confidentiality of their accounts and passwords. The users offer their consent by agreeing to the Terms and Conditions of Ultimate11, to inform Ultimate11 about any unauthorized use of their passwords or accounts or any other breach of security.

The user is solely responsible for the security and confidentiality of his/her payment accounts linked to his/her Ultimate11 account. In case of any misuse of the linked payment accounts of the user, Ultimate11 shall not be held liable; further, such misuse of the linked payment accounts of the user should be reported to Ultimate11 as soon as it comes to the notice of the user.

The users ensure to exit/log-out of their accounts after the completion of each session. In case of any sort of loss or damage faced by the user due to the failure of abiding these rules and regulations, Ultimate11 shall not be held responsible.

The individuals using any services provided by Ultimate11 should neither conduct nor assist the usage of cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software specifically formulated for modifying or intervening with Ultimate11 Features and/or Ultimate11 experience.

The individuals using any services offered by Ultimate11 platform provide their consent of not copying, modifying the technology and software associated with Ultimate11. Further, the users accept not to rent, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to anyone of the associated technologies and software.

The Terms and Conditions of Ultimate11 binds the users to neither modify nor become a cause of modification of any of the files, technology or software associated with Ultimate11.

The users provide their acceptance to not to disrupting, overburdening, or promoting any kind of disruption or overburdening to:

The Terms and Conditions of Ultimate11 do not permit the user to attain any sort of unauthorized access to the User accounts, servers or networks associated with Ultimate11's Features by any means except the user interface provided by Ultimate11.

The user must not indulge in activities like 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 associated with the Features provided by Ultimate11.

The users provide their acceptance for not using the Ultimate11 platform for any sort of inadequate activities including (but not limited to):

The users are bound to accept that they will neither support or conduct any sort of attack including (but not limited to) distribution of a virus, denial of service, or other attempts to interrupt the services provided by Ultimate11 or the use or enjoyment of other Ultimate11 users.

CONTEST(S), PARTICIPATION AND PRIZES
Contest Formats
LEGALITY OF GAME OF SKILL

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

The Contest (s) described above (across the Ultimate11 Services) are games of skill as success of participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or American football and/or baseball statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.

By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.

ELIGIBILITY

Currently, individuals residing in the Indian states of Sikkim, Assam, Odisha, Andhra Pradesh, Telangana, and Nagaland may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter.

In case, amid detailed audits on the end of Ultimate11 any user is found to be a resident of any of the aforementioned states and is found to be hiding it from Ultimate11 at the time of registration then actions mentioned earlier including (but not limited to) block, account reset, account deletion or deactivation shall be initiated.

In an event, the state laws of these states change and the residents of these states are allowed to participate in the paid versions of Game of Skills, the users (which were blocked earlier for being a resident of these states) shall be treated as new registrations and in no case, previous winnings shall be considered and any claim of such sort will not be entertained in any case.

Payment Terms
Tabulation of Fantasy Points

Ultimate11 may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc.,as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, Ultimate11 shall use best efforts to rectify such error prior to the distribution of prizes. However, Ultimate11 hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against Ultimate11 in this respect.

Selection and Verification of Winners and Conditions relating to the Prizes
Publicity

Acceptance of a prize by the Winner constitutes permission for Ultimate11, and its affiliates to use the Winner'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 Ultimate11 without any charge. The exact dates remain the sole discretion of Ultimate11. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.

General Conditions

If it comes to the notice of Ultimate11 that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Ultimate11 that conduct of any such Contest(s) is prohibited, then Ultimate11 shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.

DISPUTE RESOLUTION

The courts of competent jurisdiction at Mumbai, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Ultimate11 Services provided by Ultimate11 (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Ultimate11, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.

In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.

The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.

Nothing contained in these Terms and Conditions shall prevent Ultimate11 from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Ultimate11'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 Ultimate11 to pursue any remedy for monetary damages through the arbitration described herein.

RELEASE AND LIMITATIONS OF LIABILITY
DISCLAIMERS
MISCELLANEOUS
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