YOUTH OVERALL GAMES ASSOCIATION REPOSITORY SYSTEM
These Terms and Conditions apply to the entire contents of the “YOGA India National Sports Repository System” (“Registration Portal” or “Portal” as the context may otherwise require) as operated by Youth Overall Games Association of India [“Yoga India”] which may be referred to hereon in as "we" or "us" or "our" (as the context may require)]. For the purpose of these Terms and Conditions, as and where applicable, the term “YOGA” shall also include and refer to the various participating States and Union Territories (UTs), and the Host State for each edition of the Games organized by YOGA India, etc. Further, for the purpose of these Terms and Conditions, wherever the context may so require, "you" or "your" or "user" shall mean any natural or legal person who has agreed to become a User (“Athlete, Coach, and/or Academy/Training Centre”) of the Registration Portal by registering on the Registration Portal as a registered user. Your access or use of the Registration Portal is subject to the Terms and Conditions as set out herein (“Terms”) and the Privacy Policy made available on the YOGA India Registration Portal. By registering to/on or using the Registration Portal, you agree that you have read, understood, and have agreed to be bound by these Terms, regardless of how you register to or use the said Portal. If you do not want to be bound by these Terms, you must not register or use the said Portal. The Terms and Conditions will also apply and extend to the Users and the Parents and/or Legal Guardians of minor Athletes registering under the YOGA India Registration Portal.
Further, these Terms and Conditions are to be read in consonance with the Privacy Policy of the YOGA India Registration Portal.
YOGA INDIA NATIONAL SPORTS REPOSITORY SYSTEM
The YOGA India National Sports Repository System is being operated by the “YOGA India –National Programme for Development of Sports” Scheme wherein the Athletes, Coaches, and Academies can register themselves hereon to build a national repository of prospective Athletes, Coaches, and Academies, which will further achieve the twin objectives of broad-basing of sports and promotion of excellence in sports as laid down under the YOGA India Scheme. The Registration Portal has been designed in a way to ease the process of gathering pertinent information from the prospective Athletes, Coaches, and Academies who will be participating in the upcoming initiatives as implemented by the YOGA India Scheme. YOGA India shall be entitled to modify these Terms at any time, by posting the same on the Registration Portal. The use of the Registration Portal constitutes your acceptance of such Terms and the rules referred to herein or provided by YOGA India in relation to the Registration Portal, as may be amended from time to time. You may then exercise the options provided in such email or notification, to indicate non-acceptance of the modified Terms or the rules. If such an option is not exercised by you within the time frame prescribed in the email or notification, you will be deemed to have accepted the modified Terms and the rules provided by YOGA India. By agreeing to these terms, the User hereby:
a) agrees to be bound by the Rules, Regulations, and Policies of the National Sports Federations for each sporting discipline or any such rules, regulations, and policies of any other stakeholder which the athlete is bound to uphold and as specifically confirmed by the Games Technical Conduct Committee constituted for any/all event(s) organized under the YOGA India Scheme;
b) acknowledges that his/her failure to adhere to the Rules, Regulations, and Policies of either of the National Sports Federations, or any other stakeholder or the Games Technical Conduct Committee of any/all event(s) organized under the YOGA India Scheme may result in him/her being disqualified from the registration process;
c) agrees to be bound by the Terms and Conditions applicable to the User, if he/she is selected as a ‘YOGA India Athlete’ or an ‘Academy’ accredited under YOGA India vertical, “Talent Search and Development”, or any such rules, terms and conditions of any Governing Body or Committee constituted thereunder, which the User is bound to uphold, and as specifically confirmed by YOGA;
d) acknowledges that his/her failure to adhere to rules, terms, and conditions any other Governing Body of YOGA India vertical, Talent Search and Development may result in him/her being disqualified from the registration process; and
e) agrees, acknowledges, and assents to the providing access of their shared information for purposes, including but not limited to the viewing and sharing of such information with varied stakeholders, Host States, Department of Sports (States and Union Territories), Media Partner (Timing, Scoring, and Results only), as and when required as per terms hereunder and the privacy policy of the Registration Portal.
1. USER REGISTRATION
1.1 YOGA India has introduced the Registration Portal to be used for building a national repository for the greater benefit of the public wherein each registered athlete shall be provided a unique ID for future association with initiatives implemented the YOGA India. However, to provide the pertinent details for registration for the YOGA India Scheme, the Users shall need to complete the registration process on the Registration Portal. In the event, you wish to register and create an account on the Registration Portal, you shall do so after completing the registration process by:
1.1.1 Providing true, accurate, correct, and complete information as prompted by the applicable registration form.
1.1.2 Maintaining and updating true, accurate, correct, and complete information provided by you during the registration process.
1.2 You shall be required to choose a password and user name. You shall be solely responsible for maintaining the confidentiality of your account username and password.
1.3 You shall be solely responsible for the registration information provided by you during submissions, and the consequences of posting or publishing them. YOGA India makes no guarantees and/or warranties as to the validity, accuracy, or legal status of any information/submissions.
1.4 If at any time, YOGA India believes that your account and password are being misused in any manner, or that the information provided by you during the above-stated registration process is not true, inaccurate, or incomplete, then YOGA India reserves all rights to terminate/cancel or suspend your account, block your access to the Registration Portal and take any other action as may be deemed necessary including but not limited to initiating any legal proceedings.
1.5 You shall be solely and exclusively responsible for any and/or all the activities that are carried out through/on/under your account. You agree to notify YOGA India of any unauthorized use of your account and/or any breach of security via email at [Feedback Functionality to be built-in on the Registration Portal]. YOGA India shall not be liable for any loss that you may incur as a result of another person(s) using your account username and/or password and/or your failure to comply with this section. You shall be solely and exclusively liable for all the losses to YOGA India and/or other claims, damages, and fines due to such unauthorized use.
1.6 The Registration Portal is intended for Athletes that are willing to associate themselves with the initiatives implemented by YOGA India.
If any User is a minor, then he/she must take proper consent from their parent/legal guardian before providing any sensitive personal information. YOGA shall not be responsible and/or liable for any breach and/or non-compliance with this clause.
1.7 Process of Registration: In order to successfully register as a Registered User on the Registration Portal, the Athlete, Coach, and Academy shall be required to undertake the following steps:
1.7.1 Fill in the following pertinent fields of Personal Information in the Registration Form for any User (Athlete and/or Coach):
a) Full Name
b) Date of Birth (Drop down calendar)
c) Passport size photo (to be uploaded by the Athlete)
d) Address (Full Postal Address)
e) Gender (Male or Female)
f) Mobile Number (to receive notifications about your registration)
g) Email Address (to receive notifications about your registration)
h) Sports Discipline (to be selected from the drop-down menu)
i) Aadhaar Number (to receive a unique identification number)
j) Password (to be created and confirmed by the User)
1.7.2 Fill in the following pertinent fields of relevant information in the Registration Form for the User (Academy):
a) Name of Legal Entity
b) Status of Academy
c) Registration Number
d) Aadhaar Number (incase registered under an individual)
e) Name of Training Centre/Academy
f) Year of Operation
g) Address (Full Postal Address)
h) Sports Discipline and Category (to be selected from the drop-down menu)
i) Contact Person Details (Name, Designation, Email, Mobile Number)
j) Password (to be created and confirmed by the User)
1.7.3 The User, after successfully creating his/her profile shall receive a notification on their registered email address and mobile number regarding their username and unique YOGA India Identification number. The registered user can log in on the Registration Portal by using their registered email address, username, YOGA India Identification Number, and selected password to complete the registration form.
1.7.4 Subsequently, to complete the registration process, the Registered User (Athlete) must provide the following information under respective heads to complete the registration process under the Registration Portal:
a) Educational, Documentation, and Bank Account Details (Information regarding the Education and Bank Account, and documents pertaining to Photo ID Proof, Date of Birth Proof, other Optional Documents, and Bank Account shall be provided by the Registered User hereunder)
b) Training, Competition, and Ranking Information (Information regarding the Coach, Training Center, and history of sports training, i.e. details of sporting achievements, and athlete ranking shall be provided by the Registered User hereunder)
c) Kitting Details (proper sizes to be provided by the Athlete)
d) Summary/Statement on the Athlete’s success story
e) Action Photos and Videos (photos and video links of the athlete while playing the respective sport to be uploaded/provided by the Athlete)
1.7.5 Further, to complete the registration process, the Registered User (Coach) must provide the following information under respective heads to complete the registration process under the Registration Portal:
a) Coaching Experience (Nationality, Status, Employer ID, Employer Name, Training Centre KID Number, Name of Training Centre, Email Address, State/UT, District)
b) Photo ID Proof (Aadhaar Number/Voter ID/Passport)
c) Kitting Details (proper sizes to be provided by the Coach)
d) Category of Event
e) General and Sports-specific Education
f) Coaching Experience (in years and months)
g) Empanelled/Contracted for National Coaching Camp (Experience, Foreign Exposure, Other Coaching experience, List of current trainees)
h) Playing Career (Best achievements)
i) Awards received
j) Outstanding past athletes trained
1.7.6 Furthermore, to complete the registration process, the Registered User (Academy) must provide the following information under respective heads to complete the registration process under the Registration Portal:
a) Total Count of Male/Female Trainees
b) Total Count of Current Coaches
c) Total Count of Current Athletes
d) Outstanding athletes trained in the past
e) Strengths
f) Summary/Statement on the Academy’s success story
g) Action Photos and Videos (photos and video links of athletes training at the respective academy to be uploaded/provided by the Academy)
1.7.7 The User shall be required to provide true, accurate, correct, and complete information as prompted by the registration form for each User.
2. USE OF THE YOGA INDIA NATIONAL SPORTS REPOSITORY SYSTEM
2.1 The YOGA India Registration Portal may include links to other websites or web pages. Such sites or pages are governed by their respective terms & conditions and privacy policies, which are beyond our control. Once you exit the Registration Portal and enter a third-party site through the Registration Portal, then such use of these third-party websites/web pages by you and/or the use of any information you provide to such websites/web pages shall be governed by the terms & conditions and privacy policy of the operator of the site you are visiting. YOGA India shall not be responsible for any use of third-party sites by such Users.
2.2 The images and/or pictures and/or videos and/or media on the Registration Portal are for representation and illustration purposes only and YOGA and/or MYAS and/or the Government of India shall bear no responsibility and/or liability for the accuracy of any such image and/or picture and/or video and/or media. Such images and/or pictures and/or videos and/or media are for illustrative purposes only and designed to be a representation of the general orientation of the proposed objects and/or details and/or existing facilities and are not in any way designed to represent or guarantee aspects of such objects/details/facilities. Actual objects and/or details and/or facilities may differ.
2.3 All materials provided on the Registration Portal, including but not limited to all information, materials, functions, text, logos, designs, graphics, images, sounds, software, documents, products, and services (collectively, the "Materials"), and the selection, arrangement, and display thereof, are the copyrighted works of YOGA India. All Materials herein and YOGA India’s software are the exclusive properties of YOGA India. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written permission of YOGA India.
2.4 Subject to your compliance with these Terms, YOGA India hereby grants you the right to access and use the Registration Portal only for personal and non-commercial purposes. You undertake that you shall not use the Registration Portal for any commercial purposes and/or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
2.5 When the Registration Portal provides for the download of any particular Materials, you may download such Materials to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you shall:
2.5.1 Keep a record of and do not amend copyright and other proprietary notices;
2.5.2 make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own backup purposes), or create any derivative works based on the Registration Portal or the Material, in whole or in part; and
2.5.3 Not transfer any Material and/or any part thereof to any other computer and/or mobile device. Any commercial or business use of the Registration Portal or any Material is expressly prohibited.
2.6 Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any patent, trademark, design, or copyright of YOGA India.
2.7 You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names, source code, or other proprietary rights on the Registration Portal or Material or software or any part thereof to you or any third party.
3. PROHIBITED USE
3.1 As a condition of your use of the Registration Portal, you shall not use the Registration Portal for any purpose that is unlawful or prohibited under these terms and conditions or under any Indian laws, statutes, orders, ordinances, and regulations. The duty to verify whether the use of the Registration Portal is legal in your jurisdiction is your sole and exclusive responsibility.
3.2 You shall not display, upload, modify, publish, transmit, or update on the Registration Portal that is:
3.2.1 criminal or tortuous activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
3.2.2 promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
3.2.3 using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;
3.2.4 attempting to circumvent, disable or otherwise interfere with security-related features of the Registration Portal or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Registration Portal or the content therein;
3.2.5 using exploits, automation software, hacks, mods, or any other unauthorized software designed to modify or interfere with the Registration Portal, and taking advantage of exploits;
3.2.6 Using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;
3.2.7 Interfering with, disrupting, or creating an undue burden on the Registration Portal or the networks connected to the Registration Portal;
3.2.8 Attempting to impersonate another User or person;
3.2.9 Soliciting personal information from anyone under eighteen (18) years of age;
3.2.10 collecting, harvesting, soliciting, or posting passwords or personally identifiable information from other Users;
3.2.11 using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account;
3.2.12 using any information and/or access obtained from the Registration Portal in order to harass, abuse, or harm another person;
3.2.13 using any unfair, misleading, or deceptive content intended to draw traffic to one’s profile;
3.2.14 using the Registration Portal and/or software in a manner inconsistent with any and all applicable laws and regulations;
3.2.15 sub-license, rent, lease, sell, trade, gift, bequeath, or other transfer of the User account associated with the User account to anyone;
3.2.16 access or use of a third-party account that has been sub-licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and
3.2.17 using the Registration Portal and/or materials for commercial purposes and in a manner inconsistent with the terms mentioned herein.
4. USER CONDUCT
4.1 You agree to abide by these Terms and all other rules, regulations, and policies, as promulgated by the Games Technical Conduct Committee, constituted for any/all events organized by YOGA under the YOGA India Scheme and the respective National Sports Federations of each sporting discipline or any other stakeholder. Further, you agree to abide by these Terms and Conditions, if you’re selected as a ‘YOGA India Athlete’ or an ‘Academy’ accredited under YOGA India vertical, “Talent Search and Development”, or any such rules, terms and conditions of any Governing Body or Committee constituted there under, which you are bound to uphold, and as specifically confirmed by YOGA. In the event you do not abide by these Terms and all other rules, regulations, and policies, YOGA India may, at its sole and exclusive discretion, take necessary remedial action, including but not limited to:
4.1.1 Restricting, suspending, or terminating your access to all or any part of the registration portal;
4.1.2 De-activating or deleting your account and all related information and files on the account.
4.2 You agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by YOGA India). You further agree to update and keep updated your registration information as and when required by YOGA India.
4.3 You shall not register or operate more than one User account with YOGA India.
4.4 You will not transfer any of your rights or obligations under these terms to anyone else without the consent of YOGA India.
4.5 You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability and YOGA India cannot guarantee accessibility to the Registration Portal at all times. In addition to the disclaimers set forth in the Terms, YOGA India shall not be liable to the User for any damages arising from your inability to log into your account and access the services of the Registration Portal at any time.
4.6 You shall provide all the necessary documents and/or information as and when required by YOGA India as per compliance with the Republic of India laws and regulations.
4.7 You agree to ensure that you can receive all communication from YOGA India by marking e-mails from YOGA India as part of your "safe senders" list. YOGA India shall not be held liable if any e-mail remains unread as a result of such an e-mail being delivered to your junk and/or spam folder.
4.8 Any username, password, and unique YOGA India Identification number issued by YOGA India to you shall not be revealed to anyone else. You shall strictly avoid using anyone else's password. You shall be responsible for maintaining the confidentiality of your username, profile, unique YOGA India Identification number, and password. You agree to immediately notify YOGA India of any unauthorized use of your account or any other breach of security.
4.9 You agree to exit/log out of your accounts at the end of each session. YOGA India shall not be responsible for any loss and/or damage that may result if you fail to comply with these requirements.
4.10 You agree not to use cheats, exploits, automation, software, bots, hacks, or any unauthorized third-party software designed to modify or interfere with the Registration Portal or assist in such activity.
4.11 You 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 the Registration Portal.
4.12 You agree that without YOGA India’s express written consent, you shall not modify or cause to modify any files or software that are a part of the Registration Portal.
4.13 You 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 the Registration Portal (each a "Server"); or (b) enjoyment of the portal by any other user or person.
4.14 You agree not to institute, assist or become involved in any type of attack, including without limitation to the distribution of a virus, denial of service, or other attempts to disrupt the Portal or any other person's use or enjoyment of the Registration Portal.
4.15 You shall not attempt to gain unauthorized access to the user accounts, servers, or networks connected to the Registration Portal by any means other than the user interface provided by YOGA India, including but not limited to, 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 is part of the Registration Portal.
4.16 You acknowledge that YOGA India may need to change the username of your account in certain circumstances (for example, if someone else claims the username and/or it appears unrelated to the name of the User in everyday life). YOGA India will inform the User in advance, if YOGA India intends to do this, and provide a suitable reasoning/explanation for the same.
4.17 If you choose a username that, in YOGA India’s opinion is considered to be obscene, indecent, abusive or that might subject YOGA India to public disparagement or scorn, YOGA India reserves the right, without prior notice, to change the such username and intimate you or delete such username from the Registration Portal, deny you access to the Registration Portal, or any combination of these options.
4.18 Unauthorized access to the Registration Portal shall be considered a breach of these Terms and Conditions, and Privacy Policy and a violation of the applicable Republic of India laws and regulations. You agree not to access the Registration Portal by any means other than through the interface that is provided by YOGA India for use in accessing the Registration Portal. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those that have been approved in advance and in writing by us.
4.19 Use of the Registration Portal shall be subject to existing Republic of India laws & regulations and legal processes. Nothing contained in these Terms and Conditions shall limit YOGA India’s right to comply with governmental, court, and law enforcement requests or requirements relating to the User’s use of the Registration Portal.
4.20 These Terms do not confer any third-party beneficiary rights. All of YOGA India's rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or by operation of law or otherwise.
4.21 YOGA India always appreciates User Feedback and other suggestions about the YOGA India NSRS portal. However, Users should know that YOGA India may use them without any restriction or obligation to compensate the User and YOGA are under no obligation to keep the feedback confidential.
4.22 YOGA India reserve all rights not expressly granted hereunder to the User.
5. REPORT ABUSE
5.1 We treat all abuse reports by Users on the Registration Portal seriously and are dedicated to investigating all the violations submitted to us.
5.2 To avoid erroneous or intentionally false reports and determine whether someone's rights under these Terms have been violated, we provide the following as a guide to report an abuse of the User’s rights.
5.3 If you believe the Registration Portal contains content that is obscene, pornographic, sexually explicit, violent, or contains other adult content not appropriate for viewing by children, or any other prohibited conduct as per these terms, then submit the following information at the Feedback functionality built-in on the Registration Portal submit your report via email at youthoverallgamesassociation@gmail.com.
5.4 If applicable, we will forward a copy of the complaint to the User of the Registration Portal. If you require your complaint to remain anonymous, please inform us of this. It is within YOGA India's sole discretion whether to enforce our terms in response to any particular complaint. If we do not act, it is not considered a waiver of any right to do so in the future. Please note, the information provided herein does not represent legal advice and is for informational purposes only. You may need to obtain professional legal advice for certain types of complaints.
5.5 We will remove any content containing pornography and/or any obscene or sexually explicit or adult content and/or any prohibited act under these terms that you report. In addition, we will report such content to the proper authorities as required under Indian law including but not limited to initiating any necessary legal proceedings with respect to the same. In most cases, we will also remove other types of adult content that are brought to our attention. However, all decisions regarding what constitutes adult content and/or obscenity are made solely by YOGA India.
6. PRIVACY POLICY
6.1 The User hereby consents and agrees that the User has read and fully understood the contents and terms of the Privacy Policy of the Registration Portal and by using the Portal, the User has consented to such content and terms of the Privacy Policy of the Registration Portal. Please see and/or read and/or peruse the Privacy Policy of the Registration Portal.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Unless otherwise stated, copyright and/or all intellectual property rights in all Materials on the Registration Portal (including but not limited to text, audio, video or graphical images, or technology, the look and feel of the Portal), trademarks, and logos appearing on the Portal are the property of YOGA and the Ministry of Youth Affairs & Sports, Government of India and are owned & controlled by YOGA and/or by other parties that have licensed their material to YOGA and/or the Ministry of Youth Affairs & Sports, Government of India.
7.2 You shall not copy, reproduce, republish, upload, post, transmit or distribute the Materials available on the Portal in any way, including by e-mail and/or other electronic means and whether directly or indirectly, and/or assist any other person to do the same. Without the prior written consent of YOGA India, any modification, use of the Materials on any other website and/or networked computer environment, and/or use of the Materials for any purpose other than personal, noncommercial use shall be considered a violation of the copyrights, trademarks and other proprietary rights of YOGA India and shall be prohibited.
7.3 Any use of the Material other than for personal and non-commercial purposes shall be considered as commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of YOGA India or remove, conceal or obliterate any copyright or other proprietary notice or any credit line or date-line on other mark or source identifier included on the Portal, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the extent permitted by law.
7.4 The User hereby accepts and warrants that he/she shall indemnify YOGA India and/or its affiliates and keep them indemnified against all costs, damages, penalties, and liabilities arising from or incurred by reason of any wrongful use, storage, or processing of any breach of his/her obligations or warranties under these Terms.
7.5 The use of brand name/s, trademark/s, and Intellectual Property Rights of YOGA India in any marketing and/or promotion activity by the User without YOGA India's approval is prohibited.
7.6 If at any time during the User's utilization and/or usage of the Registration Portal, the User becomes aware of any threatened or actual unauthorized use or any misuse of any Intellectual Property Rights owned by YOGA India, the User shall use all reasonable endeavors to directly notify YOGA India in writing of the possible infringement or infringement and include all of the facts in reasonable detail.
7.7 The Users consent to YOGA India to use their names or images (including photographs) in any form or medium for general marketing and promotional activities. The Users hereby irrevocably and perpetually assigns to YOGA India and its Broadcast & Media Partner, all rights, title, and interest including rights in any form of intellectual property including copyright and any form of rights in Exploitation vested in and to the Performance for perpetuity throughout the World. The User agrees that the provisions of Section 19(4) and 19 A of the Indian Copyright Act, 1957 shall not apply to this Release. To the extent that the assignment of Performance in relation to future medium or mode of exploitation of Performance is not held valid by operation of law, notwithstanding the assignment of such rights in favour of YOGA India and its Broadcast & Media Partner.
7.8 The Users also grant, an irrevocable, exclusive, sub-licensable, perpetual right to YOGA India and its Broadcast & Media Partner for such future medium or mode of exploitation as may be developed in the future, for the entire world. Further, Users agree and acknowledge that any form of assignment or transfer of any rights, title, and interest in any such future modes and means of exploitation of the Performance to any third party in breach of the Participant’s and/or my obligation herein, anywhere in the world shall be null and void.
7.9 For the purposes of the Release Form (“Release”) and these Terms, the term “Exploitation” shall mean the utilization of the Performance in any form including but not limited to incorporation of the Performance in the Games and/or any other Event/Programme or film or any other mode or manner as may be decided by YOGA India and/or its Broadcast & Media Partner at its sole discretion in respect of the Performance, conversion of Performance from one format to another, communication to the Public, Broadcast, Performance in Public, adaptation, synchronization, reprography, reproduction, distribution, sale, commercial, rental, assignment, licensing, merchandising, remakes, sequels, prequels, versions, translations, including but not limited to the broadcasting thereof by radio, internet, mobile, public addressing system and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per- View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based), any form of web based applications, computing & networking devices, mobile/telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future.
7.10 For the purpose of this Release, the terms ‘Broadcast’, ‘Communication to the Public, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Musical Works’, and ‘Visual Recording’ shall have the same meanings as defined in the Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.
7.11 The Users hereby acknowledge and agree that:
7.11.1 YOGA India and its Broadcast & Media Partner by virtue of being the exclusive owner of the Performance and all rights, title, and interest vested in the Performance, as assignee of copyright in the Performance and all rights, title, and interest in the Performance, has the exclusive and sole right to itself exercise as it deems fit as well as authorize, assign or license the Exploitation of the Performance and all rights, title and interest vested in therein or any parts thereof.
7.11.2 YOGA India and its Broadcast & Media Partner are the exclusive and perpetual owners from inception till perpetuity and throughout the world of the Performance as well as of Sound Recordings incorporating such Performance and of all copyright or other intellectual property rights in such Performance in Public and Sound Recording.
7.11.3 YOGA India and its Broadcast & Media Partner shall be entitled at all times to the exclusive right of production, reproduction, distribution, sale, exploitation, use, and performance (including without limitation by means of broadcasting, diffusion, and other forms of transmission whether via the computer and for telecommunications networks or in any manner whatsoever) throughout the world, for perpetuity by any and every means known now and invented at a future date of the recording(s).
7.11.4 Further, the Users hereby agree, to waive any so-called ‘moral rights’ vested in favour of the User’s participation under the law.
7.11.5 YOGA India and its Broadcast & Media Partner shall be entitled to license or assign any rights acquired hereunder pertaining to the Performance, including but not limited to the rights of manufacture, distribution, sale, use, and performance (including broadcasting) to third parties
7.12 YOGA India and its Broadcast & Media Partner shall have a non-exclusive, perpetual, royalty-free, worldwide, and irrevocable right and license to use and publish the Participant’s name and professional name (if any and as the same may change from time to time) photographs and likenesses and biography for labeling, cataloging, marketing and exploiting the recordings, etc.
7.13 YOGA India and its Broadcast & Media Partner shall at all times have the right in its sole and absolute discretion to decide according to their commercial judgment how to exercise the rights granted herein. The Users hereby release, discharge, and agree to hold harmless YOGA, YOGA India, its Broadcast & Media Partner, its legal representatives and assigns, and all persons acting under its authority from all claims, causes of action, and liability of any kind, now known or unknown, in law or in equity, based upon or arising out of the Performance and YOGA India and it's Broadcast and Media Partner’s exploitation thereof or this Release, including, without limitation claims arising out of copyright and the User’s right of publicity.
7.14 We, at YOGA India, respect other people's intellectual property rights and if you believe that any content or material on the Registration Portal infringes on your intellectual property rights, you can write and inform us about the same youthoverallgamesassociation@gmail.com.
8. PARENTS AND/OR LEGAL GUARDIAN:
8.1 A User, who is “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register on the Registration Portal. A User, who is a minor, as per the provisions of the Majority Act, 1875, will not be eligible to register without the written consent/assent of the User’s Parents/Legal Guardian to these Terms.
8.2 In the event, a Minor User uses the Registration Portal, it is assumed that the User has obtained the consent of their Parents/Legal Guardian, and the Parents/Legal Guardian of the User makes such use available.
8.3 YOGA India will not be responsible for any consequences that may arise, as a result of misuse of any kind of the Registration Portal that may occur by virtue of any User, including a minor registering for the Registration Portal, for the services provided thereof.
8.4 By virtue of continuing to use the Registration Portal, the Users warrant that all the data provided by the user is accurate and complete and that the minor athletes/Users using the Registration Portal have obtained valid consent from their Parents/Legal Guardian.
8.5 YOGA India reserves the right to terminate any User account, and/or refuse to provide the user with access to the Registration Portal if it is discovered that the User is under the age of 18 (eighteen) years, and the consent to the use of the Registration Portal is not made by the minor User’s Parents/Legal Guardian or any information provided by the User is inaccurate.
8.6 The User acknowledges that YOGA India does not have the responsibility to ensure that the User conforms to the previously mentioned eligibility criteria. It shall the sole responsibility of the User to ensure that they meet the required eligibility criteria as per these Terms.
8.7 It is the sole responsibility of the Parents/Legal Guardians to ensure that the account information provided by their minor Users is accurate, complete, and the latest. Parents/Legal Guardians shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under the respective minor User’s account. The Parents/Legal Guardians agree to
- ensure that the Minor Users successfully log out from their user account at the end of each session;
- and immediately notify YOGA India of any unauthorized use of the User account. If there is a reason to believe that there is likely to be a break of security or misuse of a user account, YOGA India may request the User to change the password or we may suspend the User account without any liability to YOGA India, for such a period of time as YOGA India may deem appropriate in the circumstances. YOGA India shall not be liable for any loss or damage arising from user failure to comply with this provision.
8.8 The User may designate Parents/Legal Guardian to manage their user account if it is memorialized. Only the Parents/Legal Guardians of Users, who have been identified in a valid will or similar document expressing clear consent to disclose user content upon death or incapacity will be able to seek disclosure from the user account after its memorialized.
9. LIMITATION OF LIABILITY
9.1 The Users acknowledge and agree that by accepting to bear the inherent risks of participating and playing in any event or other initiatives organized and implemented by the YOGA India Scheme, he or she will not bring any claim or proceeding against YOGA India for any damage, loss or injury whatsoever that he or she may suffer from participation in such games, events or other initiatives.
9.2 In no event shall YOGA India, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
9.2.1 Errors, mistakes, or inaccuracies of content;
9.2.2 Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Registration Portal;
9.2.3 Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
9.2.4 Any interruption and/or cessation of transmission to or from our servers;
9.2.5 Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Portal by any third party;
9.2.6 Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Portal, whether based on warranty, contract, tort, or any other legal theory, and whether or not YOGA India is advised of the possibility of such damages; and/or
9.2.7 The disclosure of information pursuant to these terms and conditions or privacy policy of the Registration Portal. The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction;
9.3 You specifically acknowledge that YOGA India shall not be liable for any User’s submissions/uploads and/or any defamatory, offensive, or illegal conduct of any third party and that the risk of any harm or damage from the foregoing shall rest entirely with you.
9.4 The Users hereby acknowledge and confirm that the User’s participation in the Games, Events, or any other initiatives involves certain risks of physical or bodily injury and that they are aware of such dangers and risks to the User’s person and property. They also understand that by participating in such Games, Events or initiatives, the Users may also be exposed to certain risks and dangers that may presently be unknown.
9.5 The Users further confirm that in light of the potential risks and dangers of participating in the Games, Events, or initiatives, the Users shall fully comply with applicable laws, policies, rules, and regulations, and any instructions provided by any representative of YOGA India, any/all stakeholders, and/or it's Broadcast & Media Partner regarding participation in the Games.
9.6 Furthermore, the Users hereby also understand and agree:
9.6.1 That YOGA India, any/all other stakeholders and its Broadcast & Media Partner does not insure any Users in relation to their participation in the Games;
9.6.2 That any insurance coverage in relation to claims arising out of injuries or bodily harm suffered by the Users during the course of his/her participation in the Games shall be through personal insurance; and
9.6.3 YOGA India and its Broadcast & Media Partner or any other stakeholder shall have no responsibility or liability for injury or bodily harm suffered by the Users during the course of participation in the Games. They further acknowledge and confirm that they have voluntarily elected to participate in the Games with full knowledge of the dangers involved. They hereby agree to accept and assume any and all risks of property damage, personal injury, or death.
10. REPRESENTATIONS & WARRANTIES
10.1 The User, not limiting the User’s statutory rights, expressly acknowledges and agrees to the following:
10.1.1 The User uses the Portal at the User’s own risk. YOGA India expressly disclaims all express or implied representations or warranties;
10.1.2 Each User shall bear their own risk concerning all the activities being undertaken by the User through the Portal;
10.1.3 The User understands that certain delays can occur in the Portal’s system/network and therefore he/she shall not hold YOGA India responsible for any system/network-related problems;
10.1.4 YOGA India does not guarantee, amongst other things that:
- The Portal will meet the user’s expectations;
- The Portal will be accessible without interruption or in a timely, reliable, or fault-free manner;
- The results obtained through the use of the Portal will be correct and reliable;
- The quality of the products, services, information, or other material obtained by the User through the Portal will meet the User's expectations.
10.2 The User shall be solely responsible for damages to the User’s data system or for loss of data arising from downloads of content from the Registration Portal.
10.3 In consideration for the User being allowed to voluntarily participate in the Games, Events, or any/all initiatives organized by YOGA India, the Users hereby agree to forever:
10.3.1 Waive, release and discharge YOGA India, any other stakeholder and/or its Broadcast & Media Partner and their officers, directors, employees, agents and/or representatives from any and all liability for the participant’s death, disability, personal injury, property damages, property theft or claims of any nature which may hereafter accrue to the User as a direct or indirect result of his/her participation in the Games;
10.3.2 Defend, indemnify, and hold harmless YOGA India, any other stakeholder, and/or its Broadcast & Media Partner and their officers, directors, employees, agents, and/or representatives from and against any and all claims of any nature including all costs, expenses, and attorneys’ fees, which in any manner result from the User’s actions during his/her participation in the Games; and
10.3.3 Consent for the User to receive medical treatment, which may be deemed advisable in the event of an injury, accident, or injury during the User’s participation in such Games/Event.
11. TERMINATION
11.1 We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and Conditions, and/or your access to all or any portion of the Registration Portal and/or remove any registration information or User Content from the Registration Portal. Upon termination or expiration of the Terms and Conditions, your obligations and YOGA India's rights and disclaimers survive, but your right to use the Registration Portal immediately ceases.
12. INDEMNITY
12.1 You agree to defend, indemnify and hold harmless YOGA India, any/all stakeholders and/or its Broadcast and Media Partner, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) Your use of and access to the Portal;
(ii) Your violation of any term of these Terms;
(iii) Your violation of any third party right, including without limitation any trademark, copyright, property, or any other privacy right;
(iv) Any violation of applicable law, rules, regulations, orders, and ordinance.
12.2 This defense and indemnification obligation shall survive these Terms and Conditions.
13. NON-COMMERCIAL USE
13.1 The Registration Portal – User Profile is for the User’s personal use only and shall not be used in connection with any commercial endeavors.
13.2 Any use of the Registration Portal User Profile in violation of the above provision, including communicating any advertisement or solicitation, or collecting usernames, YOGA India Identification Numbers, and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking is prohibited.
13.3 YOGA India reserves all rights to suspend and/or terminate any User’s account for violation of the above-stated and initiate any legal proceedings in order to safeguard its rights under this present Terms and Conditions.
14. DISCONNECTION POLICY
14.1 YOGA India shall not be liable for any network outage or any problems/interruptions with network connectivity as the same is beyond YOGA India’s control.
14.2 YOGA India shall not be responsible and/or liable for any interruption in the Portal caused at the User’s end due to an incoming call, message, chat, video call, or any other interruption on the mobile phone device. In case of any interruption on the Portal on the User’s device, the Portal shall still continue and the User shall assume complete responsibility for such interruptions.
15. FORCE MAJEURE
15.1 Neither party to these Terms shall be liable for any loss and/or any failure to perform any obligation under these Terms due to causes beyond its reasonable anticipation or control including real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network, among other events.
15.2 Force Majeure and/or another event beyond YOGA India/YOGA’s control hindering, delaying, or complicating the maintenance of the Registration Portal, shall entitle YOGA India/YOGA to suspend or limit the Registration Portal until further notice.
16. GOVERNING LAW & JURISDICTION
16.1 The courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Registration Portal provided by YOGA India (including the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of the User(s), 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.
17. DISPUTE RESOLUTION
17.1 If any question, issue, difference, or dispute arises between the disputing parties as to the interpretation of these Terms and Conditions or as to the duties and/or liabilities of either Party to these Terms hereunder or as to any matter and/or thing arising out of or under these Terms, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of the Notification, the parties shall first try to resolve the dispute through discussions.
17.2 In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of the Notification, the dispute shall be settled by arbitration by the sole arbitrator appointed by the Secretary (Sports), Department of Sports, Ministry of Youth Affairs and Sports, Government of India. The Arbitration proceedings shall be conducted at New Delhi in accordance with the Indian Laws (both Substantive and Procedural) under the Arbitration and Conciliation Act, 1996 as amended and re-enacted from time to time, and the Award so made shall be final and binding on all the parties. The language of arbitration proceedings shall be English.
17.3 The arbitrator shall be entitled and fully empowered 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.
17.4 Nothing contained in these Terms and Conditions shall prevent YOGA India from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard YOGA’s/YOGA India’s interest prior to, during, or following the filing of arbitration proceedings or pending 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 YOGA India to pursue any remedy for monetary damages through the arbitration described herein.
18. ENTIRE AGREEMENT
18.1 The Terms and Conditions and Privacy Policy, as amended from time to time, constitute the entire agreement between you and YOGA India. If any provision of these Terms is considered unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
19. WAIVER
19.1 No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term and YOGA India’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
20. SUPPORT
20.1 Subject to the other provisions of these Terms and Conditions, YOGA India will attempt to help the User of the Portal with any queries or problems that he/she may face on the Portal.
20.2 To reach our customer support team, the User is required to e-mail us at youthoverallgamesassociation@gmail.com. It will expedite the User's request for assistance by providing our representatives with all the information they need to solve the User’s problem as quickly as possible.
21. UPDATES TO THE REGISTRATION PORTAL
21.1 YOGA India may find it necessary to update or reset certain parameters to balance the use of the Portal. YOGA India reserves the right to make these updates and is not liable to the User for these changes.
21.2 The User is requested to contact us at youthoverallgamesassociation@gmail.com for any questions regarding customer relations and any issues arising from the User’s activity on the Registration Portal.
22. INFORMATION SECURITY
22.1 We are committed to protecting the security of your personal information. Protection of the User Information, including the registration details the User provides to us, is a priority for us. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.
22.2 Any personal information which identifies the User will be encrypted at all times whilst in transit over the internet. The technology used by us encrypts any information sent by the User on secured pages. Our server then reads the information using a private key. This means that your information is turned into a code that can only be decoded with the private key or password.
22.3 Whilst neither we nor any other organization, can guarantee the security of information processed online, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited.
22.4 To further protect your privacy and security, we reserve the right to take reasonable steps (such as requesting your password) to verify your identity before granting you profile access or making corrections.
22.5 Additionally, you should ensure your password is kept secret at all times. You will be responsible for maintaining the secrecy of your password and account information.
23. CONDITIONS OF USE
23.1 The Registration Portal is not available to any person previously removed and/or suspended and/or disbarred and/or disqualified from using the Registration Portal by the Sports Authority of India/Ministry of Youth Affairs and Sports/Government of India.
24. COMMUNICATION SUPPORT/NOTICES
24.1 All communications between the Users and YOGA India shall be in written form via Electronic mail. All communications shall be in either English or Hindi.
24.2 To contact YOGA India in relation to any information about the Registration Portal at youthoverallgamesassociation@gmail.com whereas for any customer support, the User is required to submit a support request to the customer support team at youthoverallgamesassociation@gmail.com.