TERMS AND CONDITION for Mohun Bagan Athletic Club

1. ACCEPTANCE OF TERMS:

• 1.1. By accessing or using the MBAC Web Portals, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”) (this includes any “Member Association”, any “Club” or any “Player” or “Parents/Guardian of any Minor Player” or any other “Third Party”), You agree to be bound by these Terms, which You acknowledge to have read and understood.
• 1.2. We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time without further or advance notice.
• 1.3. By using the MBAC Web Portals and by clicking “YES” on this agreement, You agree that the posting of new or revised Terms on or within the MBAC Web Portals shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the MBAC Web Portals after any such changes or after explicitly accepting the new Terms upon logging into the MBAC Webs Portals shall constitute Your acceptance of such changes.
• 1.4. The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. Where there is any inconsistency between the Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.

2. REGISTRATION OBLIGATION:

• 2.1 Certain areas of MBAC Web Portals require registration. By registering, You acknowledge and certify that: (i) You are eligible as per the eligibility criteria specified for the creation, operation and usage of an account as set forth in these Terms; and (ii) the information You include as part of the registration process is true, accurate and not misleading. Accounts may only be obtained and used by: (i) individuals who are at least eighteen (18) years old or of the relevant legal age in their country of residence, if such age exceeds eighteen (18); (ii) those individuals whose registration has been authorised either by their parents or legal guardian, if they are below 18 (eighteen) years of age or the relevant legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the MBAC Web Portals.
• 2.2. In respect of Your use of these Restricted Areas, You agree to: (i) provide true, accurate, current and complete information about Yourself as prompted by the registration form ("Personal Data" as further defined in Section 10); and (ii) maintain and promptly update Your Personal Data to keep it true, accurate, current and complete as may be the case from time to time. You can access Your Personal Data by logging into Your account.
• 2.3.If You provide, or MBAC has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or MBAC otherwise reasonably considers that You have failed to comply with any provisions of these Terms, MBAC has the right to immediately suspend or terminate Your account and refuse You access to any and/or all current or future use of the MBAC Web Portals (or any portion thereof) without any notice in advance.

3. MEMBER ACCOUNT, PASSWORD AND SECURITY

• 3.1. You will receive a password and a personal account upon completing a registration process (as described in sections 2.1 and 2.2). You are fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under Your password and account. Unless proven otherwise, any material posted on the MBAC Web Portals or on the website from Your Account shall be assumed by MBAC to have been posted by You or any person authorised by You and You shall be accordingly responsible for adverse consequences resulting therefrom, if any.
• 3.2. You hereby agree to: (i) immediately notify MBAC of any unauthorised use of Your password or account and any other breach of security; and (ii) ensure that You sign out of Your account at the end of each session. MBAC cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

4. SUPERVISING CHILDREN
MBAC is concerned about the safety and privacy of all its Users, particularly those who are minor. For this reason, parents/guardians who wish to allow their children access or register on MBAC Web Portals must review and accept these Terms and assist such children with the setting up of any relevant accounts, as well as supervise their access to the MBAC Web Portals. By allowing Your child access to the MBAC Web Portals, You agree to be bound by these Terms, and acknowledge that he or she will be able to access all of the MBAC Web Portals, which may now or in the future include public and private communication tools, as well as other features that may not be appropriate for use by unsupervised children. Please remember that the MBAC Web Portals are designed to appeal to and be used by a broad audience. Accordingly, as legal guardian, it is Your responsibility to determine whether any of the MBAC Web Portals and/or information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the MBAC Web Portals (“MBAC feeds”), the application programming interface (“MBAC API”), and any other material on the MBAC Web Portals (“Content”) are appropriate for Your child. You remain responsible and liable for all acts of Your child till he or she attain the relevant legal age.

5. CONTENT:

• 5.1. The MBAC Web Portals include Content: (i) provided by MBAC (“MBAC Content”); (ii) that is uploaded, posted, submitted, transmitted or any information otherwise provided by the Users while registering on any of the MBAC Web Portals (“User Submissions”); and (iii) that is uploaded, posted, submitted or otherwise transmitted by third parties (“Third-Party Content”).
• 5.2. MBAC Content:
  • 5.2.1 All MBAC Content, including MBAC feeds, is owned by, or licensed to, MBAC. MBAC Content is provided to You “AS IS” and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than for accessing and using it on the MBAC Web Portals. For that sole and exclusive purpose, MBAC grants You a limited, revocable, non-exclusive licence to access and use the MBAC Web Portals privately for non-commercial purposes, in accordance with these Terms.
• 5.3. User Submissions
  • 5.3.1 You shall be solely responsible for Your own User Submissions and the consequences of uploading them.
  • 5.3.2 The MBAC Web Portals provide, in some cases, unfiltered access to User Submissions. You hereby acknowledge and agree that MBAC only acts as a platform for such User Submissions and that We are not liable for such content posted on the MBAC Web Portals, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. MBAC cannot, nor does it undertake any obligation, to control User Submissions. By their very nature, User Submissions on the MBAC are changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively mislabelled. MBAC does not make any representation or warranty, express or implied, as to User Submissions.
  • 5.3.3 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libellous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programmes that are intended to damage, detrimentally interfere with, surreptitiously intercept, surveil, replicate, transfer or expropriate any system, data or personal information. You in particular represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use their name or likeness.
  • 5.3.4 You grant to MBAC an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the MBAC Web Portals without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the MBAC Web Portals a non-exclusive license to access and use Your User Submissions through the MBAC Web Portals.
  • 5.3.5 You understand and agree that MBAC has no obligation to post any User Submission from You or anyone else. In addition, MBAC may, in its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the MBAC Web Portals without notice if, in its opinion, such User Submission infringes another's intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, MBAC reserves the right to determine the final design, layout and functionality of the MBAC Web Portals, which may involve the review, formatting and editing of User Submissions.
• 5.4. Third-Party Content
  • 5.4.1 You retain all rights in any Third-Party Content that You provide on the MBAC Web Portals. You shall be solely responsible for Your own Content and the consequences of uploading them.
  • 5.4.2 The MBAC Web Portals will provide, unfiltered access to User Submissions. You hereby acknowledge and agree that MBAC only acts as a platform for such Third-Party Content and that We are not liable for such content posted on the MBAC Web Portals, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. MBAC cannot, nor does it undertake any obligation, to control such Third-Party Content. By their very nature, Third-Party Content on the MBAC are changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively mislabelled. MBAC does not make any representation or warranty, express or implied, as to Third-Party Content.
  • 5.4.3 You represent and warrant that Your content: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libellous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept, surveil, replicate, transfer or expropriate any system, data or personal information. You, in particular, represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual in any Third-Party Content to use their name or likeness.
  • 5.4.4 You grant to MBAC an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform Third-Party Content in connection with the MBAC Web Portals without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the MBAC Web Portals a non-exclusive license to access and use Your content through the MBAC Web Portals.
  • 5.4.5 You understand and agree that MBAC has no obligation to post any Third-Party Content from You or anyone else. In addition, MBAC may, in its sole discretion, edit, remove or delete any Third-Party Content that You post or submit, as well as terminate Your access to the MBAC Web Portals without notice if, in its opinion, such Third-Party Content infringes another's intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, MBAC reserves the right to determine the final design, layout and functionality of the MBAC Web Portals, which may involve the review, formatting and editing of the Third-Party Content.

6. TRADEMARK AND COPYRIGHT INFORMATION

• 6.1. MBAC, the MBAC logo, the emblems of MBAC events and other MBAC logos, MBAC event marks and product and service names are trademarks and copyright material of MBAC (the “MBAC Marks”). You agree not to display or use the MBAC Marks in any other manner without MBAC’s prior written consent.
• 6.2. Certain content on the MBAC Web Portals is provided by third parties. Any re-publication or re-distribution of such content, including by framing or similar means, is expressly prohibited without the prior written consent of the relevant rights holder. MBAC shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Please consult the respective websites of the rights holder concerned for additional information.

7. MODIFICATION TO SERVICE
MBAC reserves the right at any time to modify or discontinue, temporarily or permanently, the MBAC Web Portals, the Services, the MBAC Content, the User Submissions, and the Third-Party Content (or any part thereof) with or without notice. You hereby agree that MBAC shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the MBAC Web Portals, Services, MBAC Content, User Submissions, and Third-Party Content. Although MBAC will take reasonable care in ensuring that the MBAC Web Portals, Services, and MBAC Content are up to date, they may be out of date at any given time, and MBAC is under no obligation to update them.

8. NO OFFER OF SERVICE
Unless otherwise expressly stated so, the material on the MBAC Web Portals is intended to be for informational purposes only. MBAC makes no representation that material on the MBAC Web Portals is appropriate or available for use in jurisdictions other than India. Those Users who choose to access the MBAC Web Portals from other locations do so at their own risk and are responsible for compliance with local laws and regulations.

9. PRIVACY POLICY

10. DISCLAIMERS

• 10.1. If you access and use our MBAC web portals, you do so at your sole risk. The MBAC web portals, services, and MBAC content is provided on an “as is” and “as available” basis. MBAC expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, and without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• 11.2. MBAC makes no warranty or representation that: (i) the MBAC web portals, services and MBAC content will meet your requirements; (ii) the MBAC web portals, services and MBAC content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the MBAC web portals, services or MBAC content will be accurate or reliable; and (v) any errors in the content will be corrected.
• 11.3. Downloading or obtaining any material through the use of the MBAC web portals, services or MBAC content shall be done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from downloading any such material.
• 11.4. Commentary and other materials posted on the MBAC web portals, services, and MBAC content are not intended to be considered to be definitive and conclusive and/or updated advice. No information, whether oral or written, obtained by you from MBAC , or through or from the MBAC web portals, services or MBAC content, shall create any warranty or other obligation not expressly stated in the terms, and MBAC disclaims all liability and responsibility arising from any reliance placed upon such materials by any visitor to the MBAC Web Portals or by anyone who may be informed of any of its services or MBAC content.

11. INDEMNIFICATION

• 11.1. You hereby agree to indemnify and hold MBAC and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, and without limitation, reasonable legal fees, that may arise in connection with: (i) Your use of and access to the MBAC Web Portals, Services or MBAC Content, including, and without limitation, any content, or User Submission, as well as Your connection to the MBAC Web Portals, Services or MBAC Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the MBAC Web Portals, Services or MBAC Content by You infringes any intellectual property, other proprietary or privacy rights of such third party or has otherwise caused damage to a third party.

12. LIMITATION OF LIABILITY

• 12.1. You expressly acknowledge and agree that MBAC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MBAC has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the MBAC Web Portals, Services or MBAC Content; (ii) unauthorised access to, or alteration of, Your transmissions of data; (iii) statements or the conduct of any third party on the MBAC Web Portals, Services or MBAC Content; (iv) the impact of the MBAC Web Portals, Services or MBAC Content and any of the MBAC Web Portals, Services or MBAC Content linked to them and any materials posted on them; or (v) any other matter relating to the MBAC Web Portals, Services or MBAC Content.
• 13.2. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the MBAC Web Portals, Services, or MBAC Content, must be filed within one (1) year after such claim or cause of action first arose.

13. TERMINATION

• 13.1. MBAC may, in its sole discretion and without liability to You, with or without cause, in particular if You do not comply with these Terms, or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the MBAC Web Portals in whole or in part; and (ii) deactivate or delete any of Your accounts and all related information and files in such accounts as well as Your User Submissions.

14. NOTICES

• 14.1. If We amend these Terms in any way, We shall place an updated version on this page of the MBAC Website. The MBAC Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on or within the MBAC Web Portals.

15. GENERAL INFORMATION

• 15.1. These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between You and MBAC in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and MBAC, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when You use affiliate services, Third-Party Content or third-party software.
• 16.2. Any failure by MBAC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
• 16.3. If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect
• 16.4. You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. MBAC may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.

16. APPLICABLE LAW AND JURISDICTION

• 16.1. The Terms and the relationship between You and MBAC shall be governed by the substantive laws of India.

17. VIOLATIONS

• 17.1. Please report any violations of the Terms to MBAC via email.