Terms and Conditions
FantasyCult is the flagship brand of SPECTER TECHNOLOGY AND GAMES PRIVATE LIMITED ("FantasyCult"). Through FantasyCult, along with its sub-pages, and the FantasyCult app, FantasyCult operates a portal through which it offers cricket based online fantasy games. FantasyCult as used herein shall be construed as a collective reference to FantasyCult and the FantasyCult app.
2. Usage of FantasyCult
FantasyCult may, at its sole and absolute discretion:
Restrict, suspend, or terminate any Player's access to all or any part of FantasyCult or FantasyCult Services; Change, suspend, or discontinue all or any part of FantasyCult Services; Reject, move, or remove any material that may be submitted by a Player; Move or remove any content that is available on FantasyCult; Deactivate or delete a Player's account and all related information and files on account; Establish general practices and limits concerning use of FantasyCult; vii) Revise or make additions to the roster of players available for opting in a Contest on account of revisions to the roster of players involved in the relevant Sports Event; 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; Assign its rights and liabilities to all Player accounts hereunder to any entity (post intimation of such assignment shall be sent to all Players to their registered email ids)
In the event any User breaches, or FantasyCult reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used FantasyCult or the FantasyCult Services, FantasyCult 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 FantasyCult Contests or the FantasyCult Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on FantasyCult and further, take technical and legal steps as it deems necessary.
If FantasyCult charges its Users a platform fee in respect of any FantasyCult Services, FantasyCult shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or FantasyCult Services on account of any negligence or deficiency on the part of FantasyCult, but not if such suspension or removal is effected due to:
any breach or inadequate performance by the Player of any of these Terms and Conditions; or any circumstances beyond the reasonable control of FantasyCult.Users consent to receiving communications such as announcements, administrative messages and advertisements from FantasyCult or any of its partners, licensors or associates.
3. Intellectual Property
1.FantasyCult includes a combination of content created by FantasyCult, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying FantasyCult and the FantasyCult Platform and material published on FantasyCult, 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 FantasyCult, 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 FantasyCult either in whole or in part without express written license from FantasyCult.
2.Users may request permission to use any FantasyCult content by writing in to FantasyCult on firstname.lastname@example.org.
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 FantasyCult ("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 FantasyCult. Users agree to indemnify and hold harmless FantasyCult, 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 FantasyCult, by such User or through the User's commissions or omissions.
4.Users hereby grant to FantasyCult 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:
displaying Users' Content on FantasyCult distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or storing Users' Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
5.All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on FantasyCult(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 FantasyCult.
4. Third Party Sites, Services and Products
1.FantasyCult 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 sites. FantasyCult does not exercise control over any Internet sites apart from FantasyCult and cannot be held responsible for any content residing in any third-party Internet site. FantasyCult's inclusion of third-party content or links to third-party Internet sites is not an endorsement by FantasyCult of such third-party Internet site.
2.Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that 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 FantasyCult 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.
3.FantasyCult contains content that is created by FantasyCult as well as content provided by third parties. FantasyCult 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 FantasyCult Services provided on FantasyCult including while participating in any of the contests hosted on FantasyCult.
4. For "Refer and Earn" users, who are part of FantasyCult's referral program, the TDS rate prescribed by the Government of India with respect to any earning from commission/brokerage via section 194H is 5%. The same shall be applicable on all prize money won via "Refer and Earn" program.
6. User Conduct
restricting, suspending, or terminating any User's access to all or any part of FantasyCult Services; deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with FantasyCult subject to a processing fee (if any) applicable on such transfers as set out herein; or refraining from awarding any prize(s) to such User.
2.Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by FantasyCult). Users further agree to update and keep updated their registration information.
3.A User shall not register or operate more than one User account with FantasyCult.
4.Users agree to ensure that they can receive all communication from FantasyCult by marking e-mails or sending SMSs from FantasyCult as part of their "safe senders" list. FantasyCult shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
5.Any password issued by FantasyCult to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify FantasyCult of any unauthorized use of their passwords or accounts or any other breach of security.
6.Users agree to exit/log-out of their accounts at the end of each session. FantasyCult shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
7.Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with FantasyCult Services and/or FantasyCult experience or assist in such activity.
8.Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying FantasyCult or FantasyCult’s Services.
9.Users agree that without FantasyCult's express written consent, they shall not modify or cause to be modified any files or software that are part of FantasyCult's Services.
10.Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support FantasyCult or the FantasyCult’s Services (each a "Server"); or (2) the enjoyment of FantasyCult Services by any other User or person.
11.Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt FantasyCult Services or any other person's use or enjoyment of FantasyCult Services.
12.Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to FantasyCult Services by any means other than the User interface provided by FantasyCult, including but not limited to, by 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 that underlies or is part of FantasyCult Services.
13.Without limiting the foregoing, Users agree not to use FantasyCult for any of the following:
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication; To harass, stalk, threaten, or otherwise violate any legal rights of other individuals; To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, FantasyCult, any software, hardware, or telecommunications equipment; To advertise, offer or sell any goods or services for any commercial purpose on FantasyCult without the express written consent of FantasyCult; To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner; To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; To restrict or inhibit any other user from using and enjoying any public area within our sites; To collect or store personal information about other Users; To interfere with or disrupt FantasyCult, servers, or networks; To restrict or inhibit any other player from using and enjoying any public area within our sites; To impersonate any person or entity, including, but not limited to, a representative of FantasyCult, or falsely state or otherwise misrepresent User's affiliation with a person or entity; To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through FantasyCult or to manipulate User's presence on FantasyCult(s); To take any action that imposes an unreasonably or disproportionately large load on our infrastructure; To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum. If a User chooses a username that, in FantasyCult's considered opinion is obscene, indecent, abusive or that might subject FantasyCult to public disparagement or scorn, FantasyCult reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from FantasyCult, deny such User access to FantasyCult, or any combination of these options. Unauthorized access to FantasyCult is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access FantasyCult by any means other than through the interface that is provided by FantasyCult for use in accessing FantasyCult. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
14.Use of FantasyCult is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit FantasyCult's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of FantasyCult.
15.Users may reach out to FantasyCult through - Email – email@example.com; if the user has any concerns with regard to a match and/or contest within Forty-Eight (48) hours of winner declaration for the concerned contest.
16.Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the FantasyCult Platform. The Users will have to disclose their real age at the time of getting access into the FantasyCult Platform.
17.FantasyCult may not be held responsible for any content contributed by Users on the FantasyCult.
7. Conditions of Participation:
1.By entering a Contest, user agrees to be bound by these Terms and the decisions of FantasyCult. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
It is clarified that in case a User is found to be in violation of this policy, FantasyCult reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
8. Registration for a contest
In order to register for the Contest(s), Participants are required to accurately provide the following information:
Full Name Team Name(s) E-mail address Password State of Residence Date of birth
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, Andhra Pradesh, Odisha, Sikkim, 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 above information, and clicked on the "register" tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
9. Contest(s), Participation and Prizes
1.As part of its services, FantasyCult may make available the contest(s) on the FantasyCult platform.
2.Currently, following contests are made available on FantasyCult platform: 1) A fantasy cricket game. Individual users wishing to participate in the such contest ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life cricketers (as applicable) involved in the real-life cricket (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. FantasyCult offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline, as specified below.
3.FantasyCult reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond FantasyCult’s reasonable control, including but not limited to the ones’ mentioned herein below:
4.Actual match start time is before the official deadline:
FantasyCult reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time or abandon the contest/game.
In cases where official match time cannot be verified by FantasyCult through reliable and/or publicly available sources, FantasyCult reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
FantasyCult reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weathers, non-appearance of teams, technical/equipment glitches causing delays etc.
FantasyCult shall endeavor to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
Teams are awarded points on the basis of the real-life cricketers’ (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners"). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team's aggregate score at the end of the designated match(s) of the Contests.
The Contest(s) across the FantasyCult Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:"Fantasy Rules" available at How to Play.Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.
Currently, there are paid versions of the Contest(s) made available on FantasyCult platform and free versions available in the Daily Fantasy System contest type only. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing FantasyCult services and pre-determined participant's contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the FantasyCult Services. However, unless FantasyCult specifies otherwise in relation to any Contest ("Multiple Entry Contest"), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that FantasyCult may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by FantasyCult in its sole discretion.
Participant shall pay a pre-designated amount for participating in the contest(s) being created on the FantasyCult platform.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Andhra Pradesh, Odisha, Sikkim, Nagaland or Telangana, such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
In case a match is washed out out or abandoned due to any reason, regardless of whether the match has started or not and there is no result, all contests would be null and void and participants get a full refund.
However, if there is a result in the match, declared by official sources (which includes but not limited to the International Cricket Council ICC and/or Cricket Boards and/or Franchises licensed by Governing bodies or cricket boards), notwithstanding that there were overs curtailed, all contests participated in would be valid.
In case of a tie in any contest played by User:
In case of a tie in points in any head-to-head format of contest, users would have to send a screenshot of the results page from the email ID with which they have registered on FantasyCult. FantasyCult will then verify details and if verified, the User will get 100% refund of entry fee amount.
Using FantasyCult's "Refer and Earn" program, users can refer other users and earn via:
a percentage on each deposit made by the referred user, subject to applicable taxes and a percentage of FantasyCult's commission for each contest played by the referred user; subject to commission net of Bonus and GST, and applicable taxes. Applicable on completed contests only.
All earnings will be credited to winnings of the user. The percentages in both above cases are subject to revision at the discretion of FantasyCult.
In the case of Daily Fantasy System, contests would be deemed as "cancelled" if declared as "cancelled" by official sources (which includes but not limited to the International Cricket Council ICC and/or Cricket Boards and/or Franchises licensed by Governing bodies or cricket boards) if there is no result on a particular game.
In case of gameplay being drafts or auctions, the contests would be:
"cancelled" and all entries refunded if the series is cancelled or postponed indefinitely by official sources (which includes but not limited to the International Cricket Council ICC and/or Cricket Boards and/or Franchises licensed by Governing bodies or cricket boards)without a single match being completed in the series. "completed" and prizes will be distributed in event of a particular set of matches being cancelled by official sources (which includes but not limited to the International Cricket Council ICC and/or Cricket Boards and/or Franchises licensed by Governing bodies or cricket boards) and official winners announced by the "host". "completed" and and prizes will be distributed in the event of at least 50% of number of matches completed and official result available for each of these matches, even if no offical winners announced by the official sources (which includes but not limited to the International Cricket Council ICC and/or Cricket Boards and/or Franchises licensed by Governing bodies or cricket boards).
The final decision however is at the discretion of FantasyCult.
10. Contest Formats
1.Currently two formats of contest(s) are made available on FantasyCult platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into unlimited contests (including both Public contests and Private contests) per match. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s).
FantasyCult may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests. The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the match, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction. In certain Contests across the FantasyCult Services, designated as "Confirmed contests", the Contest(s) shall become operational even if a single Participant joins a Confirmed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Confirmed Contest, FantasyCult shall continue with such contests and the short fall in the prize pool shall be borne by FantasyCult.
3. Private contest
In the Private contest format of the Contest(s), FantasyCult enables Users to create a contest ("Private contest") and invite other users, whether existing Users or otherwise, ("Invited User") to create Teams and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest. The User creating the Private contest shall provide FantasyCult with the email address or Facebook account username of Invited Users to enable FantasyCult to send a message or mail inviting such Invited User to register with FantasyCult (if necessary) and participate in the Private contest in relation to which the invite has been issued. In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified min. number of Participants for that Private contest for the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest. It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and FantasyCult shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
11. 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 FantasyCult Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket 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.
The Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.
FantasyCult may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Andhra Pradesh, Odisha, Sikkim, Nagaland or Telangana 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.
Persons who wish to participate must have a valid email address.
FantasyCult may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on the FantasyCult as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
13. Payment Terms
In respect of any transactions entered into on the FantasyCult platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the FantasyCult Services charged by FantasyCult and pre-determined participant’s contribution towards prize money pool. Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning Escrow Account with a Trustee, which is responsible for management of user account and prize pool, until determination of the Winners and distribution of prizes. FantasyCult receives only its share of the platform Fees through the said Escrow Agent and has no control over the User Funds held by the Escrow Agent in a dedicated non-interest earning Escrow Account. The FantasyCult reserves the right to charge a Platform Fee, which would be specified and notified by FantasyCult on the Contest page, being created on FantasyCult platform, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and FantasyCult shall issue an invoice for such debit to the User. The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that FantasyCult has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee.
Any user availing FantasyCult services are provided with two categories of accounts for the processing and reconciliation of payments:(i) 'Unutilized' Account, (ii) Winnings Account.
It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third-party account, including a bank account held by a third party:
User's winnings in any Contest will reflect as credits to the User's Winnings Account. User’s remitting the amount the designated payment gateway shall be credited to User’s Unutilized Account’. Each time a User participates in any contest on FantasyCult platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions. Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.A User shall be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever by contacting FantasyCult Customer Support. All amounts credited into a User's 'Unutilized' Account must be utilized within 335 days of credit. In case any unutilized amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, FantasyCult reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User. Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to FantasyCult but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User's Winnings Account. In either case, FantasyCult shall affect an online transfer to the User's bank account on record with FantasyCult within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. FantasyCult shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with FantasyCult. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for FantasyCult to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on FantasyCult, as well as the name and address existing in the records of the User's bank account as provided to FantasyCult. In the event that no bank account has been registered by the User against such User's account with FantasyCult, or the User has not verified his/her User account with FantasyCult, to FantasyCult's satisfaction and in accordance with these Terms and Conditions, FantasyCult shall provide such User with a notification to the User's email address as on record with FantasyCult at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, FantasyCult shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide FantasyCult with a valid bank account or valid identification documents (to FantasyCult's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause. Further, in order to conduct promotional activities, FantasyCult may gratuitously issue Bonus points (Called as Cash Bonus) to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by FantasyCult and notified to the User at the time of issue of such amount. The issue of any points to the user is subject to the sole discretion of FantasyCult and cannot be demanded by any User as a matter of right. The issue of any such amount by Deam11 on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by FantasyCult to such User. The bonus points/Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The bonus points shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with FantasyCult or such account if terminated by FantasyCult, all bonus points granted to the user shall return to FantasyCult and the User shall not have any right or interest on such points. All cash bonus credited in the User account shall be valid for a period of 30 days from the date of credit. The cash bonus shall lapse at the end of 30 days and the cash bonus amount shall not reflect in the User account. Users agree that once they confirm a transaction on FantasyCult, they shall be bound by and make payment for that transaction. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that FantasyCult has on third parties, any transactions on FantasyCult Platform may take up to 72 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 72 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the bonus points or money debited from 'Unutilized' Account or Winnings Account may take up to 72 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against FantasyCult in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts A transaction, once confirmed, is final and no cancellation is permissible. FantasyCult may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
14. Tabulation of fantasy points
FantasyCult may obtain the score feed and other information required for the computation and tabulation of fantasy points from third-party service provider(s). In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third-party service provider comes to its attention, FantasyCult shall use best efforts to rectify such error prior to the distribution of prizes. However, FantasyCult 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 FantasyCult in this respect.
15. Selection and Verification of Winners and Conditions relating to the Prizes
1.Selection of Winners
Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a designated match (which may last anywhere between one day and an entire tournament) shall be declared the Winner(s). In certain pre-specified Contests, FantasyCult may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team's aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest. Participants creating Teams on behalf of any other Participant or person shall be disqualified. In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants. FantasyCult shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the FantasyCult, Contest, "Fantasy Rules", etc.
2. Contacting Winners
Winners shall be contacted by FantasyCult or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents: Self attested Photocopy of the member’s PAN card; Self attested Photocopy of a government-issued residence proof; Member’s bank account details and proof of the same. FantasyCult shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by FantasyCult. The Member represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate. Participants are required to provide proper and complete details at the time of registration. FantasyCult shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner. The list of Winners shall be posted on a separate web-page on the FantasyCult.com. The winners will also be intimated by e-mail. In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from FantasyCult, such Participant may contact FantasyCult within the time specified on the webpage.
3. Verification Process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by FantasyCult shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). FantasyCult shall not entertain any claims or requests for extension of time for submission of documents.
FantasyCult shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following matches: Determination by FantasyCult that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
Participant does not fulfill the Eligibility Criteria specified in Clause 10 above; or Any other match.
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by FantasyCult in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
i)The decision of FantasyCult with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Andhra Pradesh, Odisha, Sikkim, Nagaland or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, FantasyCult shall disqualify such Participant and forfeit any prize won by such Participant. Further FantasyCult may, at its sole and absolute discretion, suspend or terminate such Participant's account with FantasyCult. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with FantasyCult, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), FantasyCult shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, FantasyCult may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, FantasyCult makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
FantasyCult may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against FantasyCult or question its right to modify such prizes being offered, prior to closure of the Contest.
FantasyCult will not bear any responsibility for the transportation or packaging of prizes to the respective winners. FantasyCult shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Acceptance of a prize by the Winner constitutes permission for FantasyCult, 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 FantasyCult without any charge. The exact dates remain the sole discretion of FantasyCult. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
17. General Conditions
If it comes to the notice of FantasyCult that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of FantasyCult that conduct of any such Contest(s) is prohibited, then FantasyCult 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.
Employees, directors, affiliates, relatives and immediate family members of FantasyCult, will not be eligible to participate in any Contest(s), except in instances where testing of system is required.
18. Complaints and Dispute Resolution
The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the FantasyCult Services provided by FantasyCult (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 FantasyCult, 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 FantasyCult from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard FantasyCult'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 FantasyCult to pursue any remedy for monetary damages through the arbitration described herein.
19. Release and Limitations of Liability
Users shall access the FantasyCult Services provided on FantasyCult voluntarily and at their own risk. FantasyCult 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 FantasyCult Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the FantasyCult Services provided therein, Users hereby release from and agree to indemnify FantasyCult, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the FantasyCult 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.
FantasyCult accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of FantasyCult Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to FantasyCult Services, including provision of incorrect address or other personal details. Users also undertake to indemnify FantasyCult 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 FantasyCult on account of such act on the part of the Users.
Users shall indemnify, defend, and hold FantasyCult harmless from any third party/entity/organization claims arising from or related to such User's engagement with the FantasyCult or participation in any Contest. In no event shall FantasyCult be liable to any User for acts or omissions arising out of or related to User's engagement with the FantasyCult or his/her participation in any Contest(s).
In consideration of FantasyCult allowing Users to access the FantasyCult 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 FantasyCult, 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 the provision of FantasyCult Services or related to the Contests or the prizes of the Contests.
To the extent permitted under law, neither FantasyCult nor its parent/holding company, subsidiaries, affiliates, directors, 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.
FantasyCult is not affiliated in any way to and claims no association, in any capacity whatsoever, with the (i) International Cricket Council ("ICC") or any national cricket board or team, (ii) Board of Control for Cricket in India ("BCCI"), the Indian Premier League ("IPL") or any IPL franchises, or (iii) any other domestic cricket tournament/league, or tournament franchise/team (other than where specifically stated). FantasyCult acknowledges that the ICC, BCCI/IPL and its franchises, respective national cricket boards, domestic tournament organisers and franchises/teams, respectively, own all proprietary names and marks relating to the relevant tournament or competition.
To the extent permitted under law, FantasyCult shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, FantasyCult services or sites, cancellation of competition and prizes. FantasyCult disclaims any responsibility for, and if a User pays for access to one of FantasyCult's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by FantasyCult's maintenance on the servers or the technology that underlies our sites, failures of FantasyCult's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, FantasyCult does not provide any warranty as to the content on the FantasyCult(s). FantasyCult(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through FantasyCult 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.
FantasyCult shall make best endeavors to ensure that the FantasyCult(s) is error-free and secure, however, neither FantasyCult nor any of its partners, licensors or associates makes any warranty that: the FantasyCult(s) will meet Users' requirements, FantasyCult(s) will be uninterrupted, timely, secure, or error free the results that may be obtained from the use of FantasyCult(s) will be accurate or reliable; and the quality of any products, FantasyCult Services, information, or other material that Users purchase or obtain through FantasyCult will meet Users' expectations.
In case FantasyCult discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, FantasyCult 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, FantasyCult 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 FantasyCult 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.
Any FantasyCult Services, events or Contest(s) being hosted or provided, or intended to be hosted on FantasyCult platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant FantasyCult Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
You understand and agree that FantasyCult limits its liability in connection with your use of the site as set forth under below: Under no circumstances shall the FantasyCult parties be liable to you for any loss or damages of any kind that are directly or indirectly related to (1) the site or applications, the content or your user provided content (2) the use of , inability to use, or performance of the site or application (3) any action taken in connection with an investigation by the FantasyCult or Law enforcement authorities regarding your use of the site, application or content (4) any action taken in connection with copyright owners, or (5) any errors or omissions in the site of application technical operation, even if foreseeable or even if the FantasyCult parties have been advised of the possibility of such damages weather in an action of contract, negligence, strict liability. In no event will the company entities and individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. In no even shall the company entities and individual total liability to you for all damages, losses or causes of action exceed Rs.500 (Indian Rupees Five Hundred only). Your access to and use of this site is at your risk and if you are dissatisfied with the site, your sole and exclusive remedy is to discontinue accessing and using the site, application or the content. By accessing the site or applications, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
FantasyCult 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 FantasyCult posting them on the FantasyCult 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 FantasyCult. If they do not provide FantasyCult with accurate information, FantasyCult cannot be held liable for failure to notify the User.
FantasyCult 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 FantasyCult'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 cricket/football/basketball/kabaddi match to which a Contest relates. In such circumstances, FantasyCult shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
FantasyCult'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 FantasyCult 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 FantasyCult Gaming Private Limited and govern your use of the FantasyCult, superseding any prior agreements that any User may have with FantasyCult Gaming Private Limited.
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. FantasyCult reserves the right to moderate, restrict or ban the use of the FantasyCult, specifically to any User, or generally, in accordance with FantasyCult's policy/policies from time to time, at its sole and absolute discretion and without any notice.
FantasyCult may, at its sole and absolute discretion, permanently close or temporarily suspend any FantasyCult Services (including any Contest(s)).
22. Termination of service
You agree to indemnify and hold FantasyCult, its parents, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors or other representatives of each (collectively, the FantasyCult Parties) harmless from any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of: (a) your User Provided Content; (b) your use of, or inability to use, the Services, Terms or Application(s); (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any laws, rules or regulations. FantasyCult reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FantasyCult in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Services, Site or Application(s).