Terms and Conditions

Introduction

Usage of Floc

1. Any person ("User") accessing Floc or the Floc App ('Floc platform') for participating in the various contests and games (including fantasy games), available on Floc platform ("Contest(s)") ('Floc Services') shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Floc in relation to any Floc Services.

2. Floc shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Floc in relation to any Floc Services, at any time, by posting the same on Floc. Use of Floc constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Floc in relation to any Floc Services, as may be amended from time to time. Floc may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Floc, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Floc. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Floc

3. Certain Floc Services being provided on Floc may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.

4. Floc may, at its sole and absolute discretion
1. Restrict, suspend, or terminate any User's access to all or any part of Floc or Floc Platform Services
2. Change, suspend, or discontinue all or any part of the Floc Platform Services;
3. Reject, move, or remove any material that may be submitted by a User
4. Move or remove any content that is available on the Floc Platform
5. Verify/ Re-verify the user's Know Your Customer (KYC) documents. Floc can deactivate or delete a User's account and all related information and files on the account owing to any reason whatsoever including the user's engagement in fraudulent activity, violation of third-party IP rights, etc.
6. Establish general practices and limits concerning the use of the Floc Platform
7. Offer discounts to its users in the form it deems fit.
8. 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
9. Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)

5. In the event any User breaches, or Floc reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Floc or the Floc Services, Floc may, at its 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 Floc Contests or the Floc Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Floc and further, take technical and legal steps as it deems necessary

6. If Floc charges its Users a platform fee in respect of any Floc Services, Floc shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Floc Services on account of any negligence or deficiency on the part of Floc, but not if such suspension or removal is effected due to:
1. any breach or inadequate performance by the User of any of these Terms and Conditions; or
2. any circumstances beyond the reasonable control of Floc.

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

User Responsibilities

Ownership of Content

Prohibited Activities

• Uploading or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

• Uploading or distributing any content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

• Uploading or distributing any viruses, worms, Trojan horses, or other harmful code.

• Engaging in any activity that interferes with or disrupts the Service or any servers or networks connected to the Service.

Disclaimer of Warranties

Governing Law

Entire Agreement

Modifications

Severability

Waiver

Intellectual Property

1. Floc includes a combination of content created by Floc, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Floc and the Floc Platform and material published on Floc, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Floc, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Floc either in whole or in part without express written license from Floc

2. Users may request permission to use any Floc content by writing in to Floc Helpdesk.

3. 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 Floc ("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 of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Floc. Users agree to indemnify and hold harmless Floc, 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 Floc, by such User or through the User's commissions or omissions

4. Users hereby grant to Floc 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:
1. displaying Users' Content on Floc
2. distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
3. storing Users' Content in a remote database accessible by end users, for a charge.

5. This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.

6. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Floc(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 Floc.

The legality of Game of Skill

1. 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.

2. The Contest (s) running on Floc are games of skill as the success of Participants depends primarily on their superior knowledge of influencers’ original channels, players' performance in a particular format, conditions, 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. They have to analyze the engagement data on creators’ actual channels and build the best team using their data skills.

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

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