Terms of Use

This website, www.elmssportsfoundation.com (“Website”) is owned and operated by the ELMS Sports Foundation (“ELMS”). Please read the terms and conditions carefully, as by merely accessing this site you are agreeing to abide by all of the terms and conditions of use set out below (collectively, “Terms”), which together with our Privacy Policy and Disclaimer govern ELMS' relationship with you in relation to this Website.

If you do not agree with these Terms, in part or as a whole, please discontinue using this Website immediately.

ELMS reserves the right to modify, alter or update these Terms and conditions of use at any time and you agree to be bound by such modifications, alterations and updates.

The terms “ELMS Foundation”, “ELMS”, “us” or “we” refer to the owners of this Website. The term “you” refers to the user or viewer of our Website.

Website Content

All materials, including illustrations, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips, software and newsletters (collectively, “Content”) appearing on or accessible through this Website are owned or controlled by ELMS and/or its subsidiaries, affiliates and content suppliers and are protected by worldwide design, trademark, copyright and other intellectual property laws. The Content of this Website, and the Website as a whole, are intended solely for personal use by the users of this Website. You may not copy Content from this Website, or otherwise modify, obscure or delete any copyright or other propriety notices on this Website. No right, title or interest in any materials or software, if applicable, on this Website is transferred to you from your use of this Website. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Website, or any related material and/or software without the prior written authorization of ELMS.

Contributed Content

This Website may contain views/ ideas/ opinions expressed by independent authors/ contributors/ posters on various topics. Such views/ ideas/ opinions are solely those of the authors/ contributors/ posters and not endorsed in any manner by ELMS. ELMS shall not be responsible for or liable in any manner whatsoever for the views/ ideas/ opinions expressed by such authors/contributors/posters in any section of this Website. Further, the accuracy of such statements has not been verified by ELMS and ELMS provides no warranties of the same. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.

Ownership of Intellectual Property

All trademarks, service marks and trade names on this Website, are proprietary to ELMS unless otherwise stated. No use of these materials maybe made for any purpose whatsoever without the prior written authorization of ELMS. Any unauthorized use of the materials appearing on the website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither ELMS nor its affiliates warrant or represent that your use of any Content displayed on, or obtained through, the website will not infringe the rights of third parties.

Warranty and Liability Disclaimer

This Website and the Content herein is provided by ELMS in good faith on an “as is”, “as available” basis and ELMS does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of this Website. Further, ELMS makes no representations or warranties of any kind, express or implied, as to the operation of this Website, the information, the Content, materials or products included herein or hereon. Except to the extent as provided by the applicable law, ELMS disclaims all responsibility (whether direct, indirect, consequential or otherwise) with respect to the accuracy or otherwise of the information, Content, materials or products arising from the use of this Website.

Accuracy of Information

The information presented on this Website has been compiled by ELMS from various sources including from external sources. No representation is made, or warranty given, as to the completeness or accuracy of such information. This Website may contain typographical errors, incomplete or out of date information. ELMS reserves the right to make changes to the Content and information on this Website, or to the services described therein, or update such information at any time without notice, but ELMS makes no commitment to corrector update this information.

Indemnification

  • You represent, warrant and covenant hereby, that no materials of any kind submitted by you will:
    • Violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or
    • Contain libelous or otherwise unlawful material; and

You hereby indemnify, defend and hold harmless ELMS and all of ELMS’ trustees, advisors, officers, employees, coordinators, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability, claims, damages, costs and expenses, including without limitation, attorneys' fees, incurred by the Indemnified Parties arising from or related to any breach by you of these Terms, your use of this Website, your access to, or inability to access this Website, or from your reliance upon any information contained on this Website, or the foregoing representations, warranties and covenants.

Users shall cooperate as fully as reasonably required in the defence of any such claim. ELMS reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

Infringement of Copyright

In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to info@elmssportsfoundation.com:

  • A clear identification of the copyrighted work allegedly infringed;
    • An clear identification of the allegedly infringing material on the Website (with specific URL reference);
    • Your contact details: name, address, e-mail address and phone number;
    • A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Website is not authorized by your agent or the law;
    • A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
    • Your signature or a signature of your authorized agent.

Information Gathered and Tracked

Information submitted through all newsletter subscription forms or feedback forms on the Website is stored in a database. Specifically, ELMS stores the name, e-mail address, and demographic information (address, occupation, etc.) of the visitors to the Website, who wish to receive certain free services from ELMS, including but not limited to newsletters, e-mail lists, and query responses. ELMS also uses such information to send out occasional promotional materials, including alerts on new services and scholarships offered by ELMS. ELMS has clearly marked which information is optional and which is mandatory. ELMS guarantees that personal information about users will not be provided to any third party without their consent.

Limitation of Liability

In no event shall ELMS or its affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any other direct or indirect damages, including without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Website.

International Use

Although the Website may be accessible worldwide, ELMS makes no representation that materials on the Website are appropriate or available for use in locations outside India or that the Website complies with any country's privacy laws. Accessing the Website or Contents from territories where the content is deemed illegal is prohibited. If you access the Website from locations outside the India, you do so on your own initiative and are responsible for compliance with local laws.

Applicable Law

This Website, including the Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern the disclaimer, legal notices, Privacy Policy, order form and any transaction completed using this Website.

Restraints

  • By using or accessing the Website as a viewer, you hereby agree to refrain from the following:
    • Violating the rights of another individual or entity, including but not limited to any of such party's intellectual property rights;
    • Interfering with or disrupting the Website, circumventing, disabling or interfering with security features on the Website;
    • Stalking or otherwise harassing another person;
    • Impersonating any person or entity, including, but not limited to, an ELMS employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
    • Forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Content transmitted through the Website;
    • Violating any applicable local, state, national or international law, and any applicable regulations having the force of law; and/or
    • You agree not to collect or harvest any personally identifiable information, including User IDs, nor to use the communication systems provided for any commercial solicitation purposes.

Miscellaneous

  • Waiver and severability: The failure of ELMS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any of the provisions of these Terms of use are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
  • Entire Agreement: These Terms together with the Privacy Policy, any applicable end user license agreement and any other legal notices published by on the Website, constitute the entire and only agreement between you and ELMS with respect to the Website, and supersedes any prior agreements, oral or written, between you and ELMS. Any and all other collateral representations, promises, and conditions and any representation, warranty, promise or condition not incorporated herein or made as provided for in these Terms shall not be binding on ELMS. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. You also may be subject to additional terms and conditions that may apply when you use affiliate third-party content or third-party software.
  • No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to these Terms.
  • No right of survivorship / non-transferability: You agree that your ELMS user ID is non-transferable and any rights to your user ID or Content terminate upon your death.

Termination

ELMS may immediately, without notice, deny you access to this Website if, in ELMS's opinion, you fail to comply with any or all of the Terms and conditions set forth herein.