Welcome to the Insignia Sports Memorabilia web site located at www.insigniasports.in (site), which is operated by Gameplan Sports Pvt Ltd (“Gameplan”, “we”, or “us”). By clicking “I Agree” or by using the site after having been afforded an opportunity to review the following terms and conditions concerning your use of the site (“terms”), you are indicating that you agree to follow and be bound by the terms.
These terms were last revised on March 8, 2008.
1.Use of Site Content
(1) Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this site or in commercially produced information presented to you through the site by Gameplan or Gameplan’s third party licensors (“content”) is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use content as expressly authorized herein or in writing by Gameplan. These terms do not transfer any right, title, or interest in the site or the content to you, and Gameplan and its third party licensors retain all of its and their respective right, title and interest to the site and content.(2) Except as provided in these terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any content or information from the site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of Gameplan. Requests for such permission should be made to mail@gameplan.co.in.
2. You may without our permission:
(a) Download, view and print content, but only if:
(2) The content is not provided, sold, licensed or leased (nor is access provided to the content) for any fee or other consideration;
(3) All copyright, trademark and other proprietary rights notices included in the content as presented at the site appear on all copies; (4) The content is not modified or altered in any way; and (5)No graphics are used separately from accompanying text.
(b) Link or hyper-link to the home page of the site from any qualified site*, but only if:
(1) You notify us by email at mail@gameplan.co.in specifying the URL of each page from which you will be linking to our home page;(2) You do not frame the site or any portion of the site;
(3) You do not deep link into the site (i.e., you do not link into any page other than the home page);
(4)The link or hyper-link to the site is not used in a way that suggests that Gameplan or Insignia Sports endorses you or your web site;
(5) The link is identified using a plain text rendering of the Insignia Sports Memorabilia name and not any trademark or logo of Gameplan or Insignia Sports;
(6) The link or hyper-link to the site is not used or presented in any way that disparages Gameplan or Insignia Sports or tarnishes, blurs, or dilutes the quality of their names or trademarks or any associated goodwill;
(7) The link or hyper-link to the site is not displayed on any web page that displays objectionable content or links; and
(8) You agree that we may terminate your right to link or hyperlink to the site at any time for any reason or no reason.
*Qualified site means a web site that displays no objectionable content; is not owned or controlled by a competitor to Gameplan and the content of which is not competitive to the site.
“Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (a) is libellous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or (c) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (d) violates or encourages other to violate any applicable law.
3. You may not under any circumstance: Send unsolicited commercial email to the email addresses provided on the site (Spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited); delete, modify or attempt to change or alter any of the content on the site; use any device, software or routine that interferes with the proper functioning of the site or take any other action that interferes with other parties’ use of the site; use the site or the content in any manner inconsistent with or in violation of any applicable laws or regulations;
Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the site for purposes other than for a generally available search engine; or use any Gameplan or Insignia Sports names or trademarks as meta tags or hidden text.
4. Marks
Certain products, services, or company designations for companies other than Gameplan may be mentioned in the site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where Gameplan is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
5. Modifications To Terms
Gameplan may change these terms from time to time. Your continued use of this site following the posting of any changes to the terms constitutes your acceptance of those changes. If you object to any provision of these terms or any subsequent modifications to these terms or become dissatisfied with the sin any way, your only recourse is to immediately terminate use of the site.
6. Termination of Site/Modifications To Site
Gameplan reserves the right to modify or terminate these terms or your access to the site (or portions of the site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the site. Sections 1, and 3-15 of these Terms shall survive any termination of these terms or your right to access to the site. You acknowledge and agree that Gameplan will be liable to you or any third party in the event that Gameplan exercises its right to modify or terminate access to the site (or portions of the site). Unless explicitly stated otherwise, any new features that augment or enhance the current site will be subject to these terms.
7. Privacy
Gameplan will treat any information it collects from you in accordance with its Privacy Policy.
8. Other Sites, Content, Products and Services
The site may provide links to web sites and access to content, products and services of third parties, including without limitation, Gameplan’s affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“other sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on other sites before you use them. Gameplan is not responsible for (a) the availability of, and content provided on, other sites, nor does inclusion of any link imply endorsement of the other site by Gameplan or Insignia Sports, or vice versa; (b) third party content accessible through the site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); or (c) any loss or damage of any sort you may incur from dealing with any third party.
9. Disclaimer
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAMEPLAN AND INSIGNIA SPORTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. GAMEPLAN AND INSIGNIA SPORTS MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
10. Limitation of Liability
IN NO EVENT SHALL GAMEPLAN OR INSIGNIA SPORTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF GAMEPLAN WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnity
You agree to indemnify, defend and hold harmless Gameplan and Insignia Sports Memorabilia, its and their affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with your use of or access to the site, your use of the content, your linking to the Site or your violation of these terms.
12. Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of any Content or this site or your access to or links to this site, shall be resolved by arbitration before an Indian court of law. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Some jurisdictions may provide additional rights to consumers.
13. General
If any provision of these terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms will remain in effect. Gameplan’s failure to act with respect to a breach by any person using the site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These terms will be governed by and construed in accordance with the laws of the Constitution of India without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the Indian Constitution, the laws, rules and regulations of the Indian Constitution will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms. Gameplan may assign its rights and duties under these terms without such assignment being considered a change to the terms and without notice to you. You may not assign these terms without the prior written consent of Gameplan. These terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Gameplan on the site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
14. Acknowledgment
You acknowledge (a) that you have read and understood these terms; and (b) that these terms have the same force and effect as a signed agreement.
15. Contact Information
If you have any questions regarding these terms or the site, please contact Gameplan at mail@gameplan.co.in