Fight Forecaster is a mobile based application designed specifically with the MMA fan in mind. ("Fight Forecaster"). Fight Forecaster operates the first ever fan prediction application which is based explicitly on probabilistic reasoning and offers users a MMA Handicap which indicates the accuracy of their predictions. Fight Forecaster as used herein shall be construed as a collective reference to Fight Forecaster and the Fight Forecaster app.
Participation by the User constitutes permission for Fight Forecaster 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 whatsoever.
The courts of competent jurisdiction at Bangalore, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, Fight Forecaster, the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Fight Forecaster, 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 Bangalore, 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 Fight Forecaster from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Fight Forecaster'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 Fight Forecaster to pursue any remedy for monetary damages through the arbitration described herein.
Users shall access the Fight Forecaster services provided on Fight Forecaster voluntarily and at their own risk. Fight Forecaster 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 Fight Forecaster services.
By using the Fight Forecaster mobile application provided therein, Users hereby release from and agree to indemnify Fight Forecaster, and/ or any of its employees, partners, and associates, from and against all liability, cost, loss or expense arising out their access to the Fight Forecaster services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Users shall be solely responsible for any consequences which may arise due to their access of Fight Forecaster services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Fight Forecaster services, including provision of incorrect address or other personal details. Users also undertake to indemnify Fight Forecaster and their respective 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 Fight Forecaster on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Fight Forecaster harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Fight Forecaster. In no event shall Fight Forecaster be liable to any User for acts or omissions arising out of or related to User's engagement with the Fight Forecaster.
In consideration of Fight Forecaster allowing Users to access the Fight Forecaster services, 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 Fight Forecaster, its respective agents, business associates, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Fight Forecaster services.
To the extent permitted under law, neither Fight Forecaster nor its affiliates, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Fight Forecaster is not responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games or products. Fight Forecaster disclaims any responsibility for any inaccessibility that is caused by Fight Forecaster's maintenance on the servers or the technology that underlies the mobile application, failures of Fight Forecaster's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of the above facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Fight Forecaster does not provide any warranty as to the content on the Fight Forecaster(s). Fight Forecaster(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Fight Forecaster is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
Fight Forecaster shall make best endeavours to ensure that the Fight Forecaster(s) is error-free and secure, however, neither Fight Forecaster nor any of its representatives makes any warranty that:
In case Fight Forecaster discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Fight Forecaster reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Fight Forecaster agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither Fight Forecaster nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
To the extent permitted under law, in the event of suspension or closure of Fight Forecaster or any part thereof, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Fight Forecaster may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Fight Forecaster posting them on the Fight Forecaster or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Fight Forecaster. If they do not provide Fight Forecaster with accurate information, Fight Forecaster cannot be held liable for failure to notify the User.
Fight Forecaster shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Fight Forecaster's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any fights.
Fight Forecaster's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Fight Forecaster or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Fight Forecaster and govern your use of the Fight Forecaster, superseding any prior agreements that any User may have with Fight Forecaster.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
Fight Forecaster reserves the right to moderate, restrict or ban the use of the Fight Forecaster, specifically to any User, or generally, in accordance with Fight Forecaster's policy/policies from time to time, at its sole and absolute discretion and without any notice.
Fight Forecaster may, at its sole and absolute discretion, permanently close or temporarily suspend any Fight Forecaster Services.