Terms and Conditions

KudiFantasy owns and operates the Website that links to these Terms of Use. We are pleased to offer you access to our Website and the ability to participate in our fantasy sports contests of skill, other content, products, services, and promotions (collectively the “Services”) that we may provide from our Website, subject to these Terms of Use (the “Terms of Use”), our privacy policy (the “Privacy Policy”) and the Official Rules and Regulations for the applicable contests and promotions (the “Rules” or “Rules and Scoring,” and together with the Terms of Use and the Privacy Policy, the “Agreements”).

You agree to these Terms of Use by accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE. These Terms of Use constitute a legal agreement between you and KudiFantasy, and shall apply to your use of the Website and the Services even after termination.

The Services are provided by Ochala Limited a company incorporated in Abuja in Nigeria, with registration number RC 1250390 (“KudiFantasy”). References in these Terms of Use to “us”, “our,” “we” or the “Company” are references to KudiFantasy.

You must be at least 18 years of age to open an account, participate in contests, or win prizes offered by the Website. It is an offence for any person in Nigeria who is under the age of 18 to participate in the fantasy sports contests offered on this website.

You may establish only one account per person to participate in the Services offered on the Website. In the event KudiFantasy discovers that you have opened more than one account per person, in addition to any other rights that KudiFantasy may have, KudiFantasy reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

If any deposit is charged back any winnings generated from KudiFantasy contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. KudiFantasy reserves the right to close your account – without notice – shall a deposit be charged back.

KudiFantasy employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who is resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website: KudiFantasy-sponsored Private Contest, Private Contests for cash, or Private Contests for prizes other than cash. A “Private Contest” is one that is not listed in the website public domain, and is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating.

We are required by the terms of Nigeria to inform you about how we hold the funds which you deposit with us for the purposes of using the Services, and the extent to which funds are protected in the event of insolvency – see https://www.gamblingcommission.gov.uk/public-and-players/guide/what-happens-to-your-money-if-a-gambling-business-goes-bust

If we make any change to the terms on which your funds are held, we will notify you in advance of such change taking effect by such means as we determine appropriate. We will require you to acknowledge receipt of such notification using such a method as we determine. If you do not acknowledge such receipt you will not be permitted to use the funds in your account to participate in the Services. If you do acknowledge receipt and continue to use the Services, you will be deemed to have agreed to the change. However, if you do not wish to agree to the change you may either cease to use the Services or close your account.

The company complies with Nigerian law, regulations and guidelines for the prevention of money laundering and the funding of terrorism. Suspicious transactions shall be investigated by the company and, if necessary, a suspicious transaction report will be made by the company to the competent Nigerian Authorities. In the event of any suspicious transactions, the company may suspend, block or close the account(s) of the relevant player(s) and withhold funds as may be required by law and/or by the competent Authorities.

By agreeing to the Terms you authorise us to undertake such verification checks as we may require ourselves or may be required by third parties (including regulatory bodies) to confirm your age, identity and contact details and to prevent money laundering (the “Checks”).

We reserve the right to withhold any payment from a player’s account to such player until we are satisfied that the identity, age and place of residence of the player has been suitably verified.

We may ask you to provide further information to us in order to complete the Checks. If you do not or cannot provide us with such information as may be required for the Checks to be completed to our satisfaction we may suspend or permanently close Your Account.

We will notify you of material changes to these Terms prior to them taking effect. Where we make changes to the Terms of Use which we wish to notify you of, we will do so by such method as we deem appropriate. Your continued use of the Website and the Services will be deemed acceptance by you of any changes so notified.

Deposit Limits – In order to assist you to participate in our fantasy sports contests responsibly, we offer a Deposit Limit within each customer account. Limits can be amended at anytime. A decrease in the deposit limit will take effect within 24 hours, but an increase can only occur after a cooling-off period, in order to allow you to reflect on the decision to increase the deposit limit before it takes effect.

Self-exclusion – Should you need to take a break from our fantasy sports contests, we provide a self-exclusion facility which can be activated by you via your Account or by contacting Customer Support. The minimum period of self-exclusion is 6 months and we are required to close the account and return any funds to you.
If you are considering self-exclusion, please remember to contact all gaming companies with whom you have accounts and ask to self-exclude with them too. We will use our reasonable endeavours to ensure compliance with your self-exclusion from the Website. However you accept that we have no responsibility or liability whatsoever if you use the Website during any period in which you have self-excluded in circumstances where you have taken steps to avoid us being able to identify you. We also recommend that consideration is given to the installation of software that will allow you to block access to internet gaming websites.

Underage Gaming – It is illegal for anyone under the age of 18 to open an account or to participate in the fantasy sports contests on our website. We carry out age verification checks on all customers who use payment mechanisms which are available to under 18s and additionally perform random age verification checks on customers using other forms of funding mechanisms. Please note than anyone under the age of 18 found to be using the Website will forfeit any winnings and may also be reported to the authorities.

If you have a complaint about any aspect of our Services, please contact Customer Support at support@kudifantasy.com or submit feedback within the application.

We will handle your complaint in accordance with Gambling Commission’s guidelines. We aim to provide you with a substantive response to your complaint as soon as practically possible and seek to resolve your complaint within four weeks from the date we receive the complaint.

Depending on the complexity of the complaint, our investigation may take longer than four weeks to resolve. We will ensure that we write to you within four weeks of the date we receive your complaint with either a final response or an update of the position explaining why we are not in a position to provide a final response, and when we expect to be in a position to do so. Our final response represents the final stage of our internal complaints procedure.

However, if the complaint relates to the outcome of a gambling transaction and, following completion of our internal complaints procedure, your complaint has not been resolved by us to your satisfaction, the matter will be categorised as a “dispute” and you have the right to refer your dispute to an Alternative Dispute Resolution entity, whose details are:

Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS; Telephone: 020 7347 5883; Fax: 020 7347 5882; Email: adjudication@ibas-uk.co.uk;
http://www.ibas-uk.com
Adjudication Form: http://www.ibas-uk.com/adjudicationForm.php

Alternative Dispute Resolution (ADR) involves the referral of unresolved disputes to an independent third party for adjudication. There is no charge to you for using this service. The details of our ADR entity are also held by the Gambling Commission.

The ADR entity reserves the right to reject disputes referred to it for resolution on the basis that they are frivolous or vexatious but we are not permitted to refuse referral on that basis.

The ultimate resolution of the ADR entity may be made binding on both parties but does not deprive you of the right to pursue the matter further under the provisions of the Terms of Use of our Website.

Details of all disputes referred to the ADR entity and details of the outcome of the process will be provided by us to the Gambling Commission, as required by the Licence Conditions and Codes of Practice attaching to our Operating Licence. The ADR entity reserves the right to reject disputes referred for resolution on the basis that they are frivolous of vexatious but we are not permitted to refuse referral on that basis. The ultimate resolution of the ADR entity may be made binding on both parties but does not deprive you of the right to pursue the matter further under the provisions of these Terms.

Users will be able to visit the Website and view the games available for entry (the “Contests”). Each individual Contest that is not free to enter has an entry fee listed in Nigerian Naira. When you select to participate in a Contest and complete the entry process, the listed amount of Nigerian Naira will be debited from your KudiFantasy account. All deposits will also be in Nigerian Naira. You are responsible for any/all charges that your financial institution may charge in connection with your deposit on the Website.

Deposits made on our site will appear on your statement as KudiFantasy. All payments of entry fees are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
In the event you believe you were incorrectly assessed a credit card transaction fee related to a Deposit submitted to KudiFantasy, you may contact us at KudiFantasy or contact us through the application and request a refund. To successfully process your refund request, KudiFantasy would need the following information: (i) original transaction date and amount deposited; and (ii) the amount(s) of the fee(s) assessed on such deposited amount; (iii) date(s) such fee(s) was/were assessed; and (iv) [copy of your credit card statement showing such fee(s)]. KudiFantasy will review your submission and if KudiFantasy determine it was an invalidly assessed fee, KudiFantasy will credit such amount back to your Account.

By entering a Contest, entrants agree to be bound by these Terms and the decisions of KudiFantasy. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:

1. Falsifying personal information required to enter a Contest or claim a prize;
2. Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
3. Colluding with any other individual(s) or engaging in any type of syndicate play;
4. Any violation of Contest rules or the Terms of Use;
5. Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
6. Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a lineup, and editing a lineup);
7. Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
8. Any type of bonus abuse, or abuse of any other offers or promotions;
9. Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
10. Obtaining other entrants information and spamming other entrants; or
11. Abusing the Website in any way.

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Use.

Guaranteed prizes are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of official rules. These can be found within the application itself. We encourage you to read such Contest and promotions Rules before participating.

• Contest Skill

  Contests offered on the Website are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Website and Contests may not be used for any form of illicit gambling.

• Contest Statistics and Live Scoring

  To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the KudiFantasy Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests.
  
  While KudiFantasy and the third parties used to provide the KudiFantasy Services use reasonable efforts to include accurate and up-to-date information, neither KudiFantasy nor its third party providers warrant or make any representations of any kind with respect to the information provided through the KudiFantasy Website and related information sources. KudiFantasy and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the KudiFantasy Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.

• Contest Results

  Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in KudiFantasy’s sole discretion.
  
  KudiFantasy reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, KudiFantasy may, in its sole and absolute discretion, invalidate any head-to-head contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

• Prizes

  At the conclusion of each Contest, prizes will be awarded by 18:00 (WATS) on the following day except in circumstances where technical failure or other reasons prevent such timely payout. Contest prizes are listed in our prize table list. Prizes won are added to the winning participants account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.

• Prize tables

  Contest prize payouts will be published with the creation of each new contest. KudiFantasy reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by KudiFantasy to its customers but will not be required.

• Payment and withdraw of prizes

  Winners are posted on the Website.
  
  Entrants may withdraw their cash prize awards as well as cash deposits by using the “Withdrawal” option on the Website. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or, as may be necessary, appropriate tax forms and forms of identification including but not limited to a driver’s licence, passport, voter’s card, national identification card, and/or any information relating to payment/deposit accounts as reasonably requested by KudiFantasy in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.
  
  Promotional deposits, credits, and other bonuses may not be withdrawn from a KudiFantasy account unless appropriate terms of the promotion are achieved first by the user.
  
  All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, KudiFantasy reserves the right in its sole discretion to determine whether or not to award such prizes.
  
  No substitution or transfer of prize is permitted, except that KudiFantasy reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
  
  Any withdrawal requests, after approved by KudiFantasy, will be credited back to the same credit card or method of payment used to deposit funds on the Website. KudiFantasy will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).

In addition to any other legal or equitable remedy, KudiFantasy may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the KudiFantasy Website. KudiFantasy may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT:

(A) THE WEBSITE;
(B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE;
(C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE;
(D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS;
(E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
(F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT.

FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY OF THE FOLLOWING:

LOSS OF PROFITS,
LOSS OF OPPORTUNITY,
DAMAGE TO GOODWILL OR REPUTATION,
BUSINESS INTERRUPTION, OR
ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND;

IN EACH CASE RELATED TO OR ARISING FROM OR IN CONNECTION WITH:
(1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION;
(2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE;
(3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;
(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR
(5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION,

IN EACH CASE EVEN IF FORESEEABLE AND/OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.

IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF YOUR POTENTIAL NET WINNINGS IN THE RELEVANT CONTEST AND ONE HUNDRED DOLLARS (`$100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK.

Nothing in these Terms of Use shall exclude or limit in any way liability which we may have for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, nor for fraud or fraudulent misrepresentation.

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to KudiFantasy, subject to copyright and other intellectual property rights under Nigerian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

KudiFantasy reserves all rights not expressly granted in and to the Website and the Intellectual Property.

You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to KudiFantasy, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of KudiFantasy, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to KudiFantasy, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others. You represent and warrant that you have all rights necessary to grant to KudiFantasy the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

These Terms are governed by Nigerian law. You and We both agree to submit to the non-exclusive jurisdiction of the Nigerian courts.

• Miscellaneous

  Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless KudiFantasy, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the “KudiFantasy Entities”), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, “Claims”) arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest.
  
  The Website may contain links to third party websites that are not owned or controlled by KudiFantasy. KudiFantasy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, KudiFantasy will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve KudiFantasy from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
  
  Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and KudiFantasy.
  
  No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with KudiFantasy or in any way affiliated or associated with the Contests.
  
  Third-party online publishers that refer users to the KudiFantasy website shall not be responsible or liable for the KudiFantasy website or any of the content, software, or functions made available on, or accessed through, or sent from, the KudiFantasy website.
  
  Each of the paragraphs in these Terms of Use operates separately. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect.
  
  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and KudiFantasy’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  
  KudiFantasy reserves the right to amend these Terms of Use at any time. We will notify you of material changes to these Terms of Use prior to such changes taking effect. If you continue to use the Services after we notify you of such changes to the Terms of Use, you accept all changes.
  
  The failure of KudiFantasy to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.
  
  KUDIFANTASY AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF KUDIFANTASY IN NIGERIA AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.

• Mobile Application

  These Terms of Use shall also apply to the use of the KudiFantasy’s Mobile Application. These Terms of Use are intended to be in addition to the End User License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) for the Mobile Application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application.