PRIVACY POLICY
We, Sparkaviator understand the importance of maintaining privacy and thus abide by the highest standards for securing customer information privacy.
This Privacy Policy explains how Sparkaviator and distinctly informs our users about the type of information we collect from our users, the reason for collecting such information, how we intend on using such information and the choices available to our customers regarding our use of such information. We will not use its affiliates collect, use, and share information from or about you when you use our websites, downloadable applications such as games, interactive mobile applications, and voice-activated assistants, and other services that link to this policy or share your information with anyone except as described in this Privacy Policy. (Sparkaviator SERVICES)
Sparkaviator operates the portal in India, which offers online game through the web-portal sparkaviator.com and associated Facebook application, partner website(s) and mobile application(s) (collectively referred to as the “Portal”) (Sparkaviator referred to herein as “Sparkaviator” or “we” or “us” “our”).Any person utilizing the Portal (“User” or “you” or “your”) or any of its features including participation in the various contests, games (including fantasy games (“Game”) (“GAMING FACILITIES”) being conducted on the Portal) shall be bound by this Privacy Policy.
Please read our Policy carefully to understand how we treat the information provided by you. By clicking on the “Accept” button, you are agreeing to the collection, use, disclosure, retention and protection of your Personal Information as provided in this Policy. However, if you do not consent to any of the terms enumerated in this Policy, you may choose not to use our services. However, please be aware that if you do not allow us to collect the Personal Information as enumerated in this Policy, we may not be able to provide you with certain services. Sparkaviator respects the privacy of its Users and is committed to protect it in all respects. With a view to offer an elevating and complete internet experience to its Users, Sparkaviator offers a vast source of GAMING FACILITIES. Kindly take time to read the ‘About Us’ section to know more about Sparkaviator. Most of the GAMING FACILITIES are offered for free but you may need registration to participate in Sparkaviator’s online games. The information about the User is collected by Sparkaviator as (i) information supplied by Users and (ii) information automatically tracked during User’s navigation on our portal.
Before you submit any information to the Portal, please read this Privacy Policy for an explanation of how we will treat your personal information. By using any part of the Portal, you consent to the collection, use, disclosure and transfer of your personal information for the purposes outlined in this Privacy Policy and to the collection, processing and maintenance of this information. If you do not agree to this Privacy Policy, please do not use the Portal. Your use of any part of the Portal indicates your acceptance of this Privacy Policy and of the collection, use and disclosure of your personal information in accordance with this Privacy Policy. While you have the option not to provide us with certain information or withdraw consent to collect certain information, kindly note that in such an event you may not be able to take full advantage of the entire scope of features and services offered to you and we reserve the right not to provide you with our services.
Purpose and Usage:
To avail certain GAMING FACILITIES on the Portal, Users would be required to provide certain information for the registration process namely:
1. Username
2. Password
3. Email address
4. Valid Contact number
In the course of providing you with access to the GAMING FACILITIES, and in order to provide you access to the features and services offered through the Portal and to verify your identity, you may be required to furnish additional information, including your Permanent Account Number.
In the course of providing the GAMING FACILITIES, Users may invite other existing Users or other users (“Invited Users”) to participate in any of the GAMING FACILITIES by providing the email address or Facebook username of such users. Sparkaviator may thereafter use this information to contact the Invited User and invite such user to register with Sparkaviator (if such Invited User is not an existing User) and participate in the Game/GAMING FACILITY in relation to which such person was invited by the User. The participation of the Invited User in any of the GAMING FACILITIES shall be subject to the terms of this Privacy Policy and the Terms and Conditions for the use of the Portal. The User hereby represents that the Invited Users have consented and agreed to such disclosure to and use of their email address and Facebook username by Sparkaviator.
All required information is specific and based on the kind of Game/ GAMING FACILITY the User wishes to participate in or access and will be utilized for the purpose of providing services, including but not limited to the GAMING FACILITY, requested by the User. The information as supplied by the Users enables us to improve the GAMING FACILITIES and provide you the most user-friendly game experience. Sparkaviator may also share such information with affiliates and third parties in limited circumstances, including for the purpose of providing services requested by the User, complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
When you use the Sparkaviator Services, you agree to the collection, use, and sharing of your information as described in this Privacy Policy.
Types of Information We Collect
For a more interactive Portal, and advanced efficiency in our services, we, or our service providers, on our behalf, may require Users to provide us with certain personally identifiable information such as Name, Address, Telephone Number, Email Address, Demographic or Biographical Information, Gender, Interests, Photos, Credit/Debit Card details. In addition to the aforesaid, If you contact us by phone, we may record the conversation and/or keep a summary of the phone call.
Information We Collect Automatically
Device Information: including your IP address, browser types, browser language, operating system, platform type, gaming platform, device types, and device IDs such as unique identifiers, advertising identifiers, or gaming platform identifiers.
Usage Information: including files you download, domain names, landing pages, your browsing activity, what you click, scrolling and keystroke activity, pages viewed, advertising viewed or visited, forms or fields you complete or partially complete, search terms, whether you open an email and your interaction with the content, access times, and error logs, and other similar information.
Location Information: including the city, state and ZIP code associated with your IP address, information derived through WiFi triangulation, and precise location information from GPS-based functionality on your mobile devices or from your use of our Mobile Apps, and with your consent, your precise GPS information.
Offline Information. Certain information may also be stored while you are offline and transmitted to us when you next connect to the Internet, regardless of where you connect from or the device you use to connect.
Information from Third Party Sources
We may receive information about you from third parties, partners or our service providers such as:
Public Information: from publicly and commercially available online or offline sources, as permitted by law including demographic information, purchasing data, membership in loyalty programs or information about advertisements you have seen or acted upon, including your interaction with advertisers’ products and services.
Social Media Information: if you visit the Sparkaviator Services on a device on which you also use social networks or if you interact with us through a social media service or other platform, we may have access to some information you provide to that social network or platform such as your name, email address, friend list, photo, age, gender, location, birthday, social networking ID, current city, and the people/sites you follow.
HOW WE USE YOUR INFORMATION
Depending on the Sparkaviator Service you use, we, or our service providers, may use your information to:
Provide the Sparkaviator Service including
responding to your requests or inquiries;
providing technical support;
sending you service-related communications, including announcements and administrative messages;
displaying certain content, such as content you upload and make available, comments, and game statistics and rankings;
generating suggestions on the type of video you might enjoy;
understanding how you use the Sparkaviator services so we can improve them;
processing your entries into sweepstakes, contests or promotions.
Personalize your experience including
providing you with advertising based on your activities and interests;
creating and updating audience segments that can be used for targeted advertising and marketing on the Sparkaviator services, television, third party services and platforms, mobile apps and/or websites, and offline;
creating profiles about you, including adding information we obtain from third parties, which may be used for analytics, marketing and advertising;
sending you newsletters, surveys and information about products, services and promotions offered by Sparkaviator, our partners, and other organizations with which we work.
Recognize your devices and associate the information with your profile including
using data collected or received from service providers, advertisers, and other third parties, such as your device information, to match mobile advertising and cookie identifiers;
matching your devices if you log into the same online service on multiple devices or web browsers or if your devices share similar attributes that support an inference that they are used by the same user or household;
using this information to match your interests across devices, as well as for analytics, ad serving or reporting, or to improve the services;
Identifying you or your device or associated information with you, your device, or your profile whenever you visit the Sparkaviator Service, even if you do so when logged out or without intentionally identifying yourself.
Prevent fraud and defend our legal rights
protecting the safety of our users and others;
enforcing our terms of service;
preventing fraud or any other potentially illegal activities.
We may combine all the information we collect from or receive about you for any of the foregoing purposes. Please see Your Rights and Choices section for further information.
We may aggregate or de-identify your information and may use, share, rent or sell aggregated or de-identified information for any purpose and such information is not subject to this Privacy Policy.
3. HOW WE SHARE YOUR INFORMATION
We may share your information with:
Service providers that perform certain business-related functions on our behalf: including research and analytics, website hosting, transaction fulfilment, payment, processing database maintenance, contest, sweepstakes and promotion administration, fraud prevention, technology services and platforms, identity management and acquisition and conversion services.
Advertisers, Advertising Networks, and Other Third Parties: information about how you use the Sparkaviator Services and interact with content or ads to better tailor services, products, marketing and advertising on our service or on third party platforms. These third parties may use their own tracking technologies/cookies to collect or request information about you including through surveys. Several deceptive emails, websites, blogs etc. claiming to be from or associated with Sparkaviator may or are circulating on the Internet. These emails, websites, blogs etc. often include our logo, photos, links, content or other information. Some emails, websites, blogs etc. call the user to provide login name, password etc. or that the user has won a prize/ gift or provide a method to commit illegal/ unauthorized act or deed or request detailed personal information or a payment of some kind. The sources and contents of these emails, websites, blogs etc. and accompanying materials are in no way associated with Sparkaviator.
Hashed/Masked Information. We may share information about you along with a hashed or masked identifier, with third parties so they may better personalize your experience with them and the offers they send you.
Social Networks: certain features in our Sparkaviator Services may be published to your social networks. For example, if you click on a Facebook “like” button on a Sparkaviator Service, the “like” may appear on your Facebook account. To control this sharing of information, please review the relevant social network’s privacy policy.
Other Users and Search Engines: depending on the Sparkaviator Service, you may provide certain information including your name, photo, and other information to create an account (“Account Profile”). Some information in your Account Profile may be available publicly to other members of that service, or the general public, and may be searchable by search engines. When we display your user submissions, they will be identified by information in your Account Profile. We may distribute user submissions to third parties, and if we do, we may include any information in your Account Profile or submissions.
Law Enforcement Agencies, Regulators, Content Protection Organizations, Anti-fraud Coalitions and other groups to:
protect our legal rights, privacy or safety, and that of Sparkaviator Affiliates, our employees, agents, contractors, or other individuals;
protect the safety and security of visitors to the Sparkaviator Services or other properties;
protect against fraud or other illegal activity or for risk management purposes;
respond to inquiries or requests from government, regulatory, law enforcement, or public authorities;
permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we may sustain;
comply with the law including with search warrants, court orders, and other legal process; or
enforce applicable terms of service.
4. YOUR RIGHTS AND CHOICES
Communication Preferences and Opt-outs
You may unsubscribe from our email newsletters or promotional emails by following the opt-out instructions contained in the email.
Cookies and Similar Technologies
We, and our service providers, advertisers, and other partners, use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across different Sparkaviator Services and devices. Our Cookies and Tracking Technologies policy provides certain opt-out choices. However, our systems may still collect usage data for certain other inherent purposes (e.g., contextual advertising, research, analytics, and internal operations). Unless the User voluntarily identifies himself/herself (e.g., through registration), Sparkaviator has no way of knowing who the User is, even if we assign a cookie to the User’s computer. The only personal information a cookie can contain is information supplied by the User. A cookie cannot read data off the User’s hard drive. Sparkaviator’s advertisers may also assign their own cookies to the User’s browser (if the User clicks on their ad banners), a process that Sparkaviatordoes not control.
Other Online Services
Sparkaviator Services may contain links to third party websites and services. These other sites may collect information about you when you visit them and use this information in accordance with their own privacy policies and terms of use. We do not endorse or control those third parties’ policies or practices. In some circumstances, Sparkaviator may host some websites on behalf of others and those entities may place or permit the placement of cookies and other tracking technology. Sparkaviator is not responsible for these tracking practices.
HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION
We shall retain the Personal Information provided by Users for only as long as it is necessary for the purposes set out in this Policy, for as long as the Users account is active or as needed to provide the services to the Users.
Keep in mind that even though our systems are designed to carry out deletion of information as per the above guidelines, we are not liable for the non-deletion of certain data within a specific time frame due to technological constraints.
RECTIFICATION OR ERASURE OF INFORMATION
Users are entitled to contact us at [email protected] to request for rectification of the Personal Information collected by us and/or for erasure of your Personal Information.
WITHDRAWAL OF CONSENT:
If you have given your free consent to the collection, use, disclosure, retention and protection of your Personal Information, and wish to withdraw such consent, you may do so by contacting us at [] at any time.
Notwithstanding the above provisions, any decision by you to opt-out, rectify or erase information from our records or withdraw your consent shall not in any manner whatsoever affect and/or make illegal processing of your information done prior to the communication of your aforesaid decision to us.
5. HOW WE PROTECT YOUR INFORMATION
We maintain procedural, technical, and physical safeguards for the Sparkaviator Services to help protect against loss, misuse or unauthorized access, disclosure, alteration, or destruction of the information you provide via the Sparkaviator Services. All information gathered on Sparkaviator is securely stored within Sparkaviator controlled database. These safeguards vary depending upon the sensitivity of the information we collect and store. Please be aware that no security solutions are infallible. The database is stored on servers secured behind a firewall; access to such servers being password-protected and strictly limited based on need-to-know basis, we cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Further, any information you include in a posting to the discussion areas will be available to anyone with Internet access. By using the Portal, you understand and agree that your information may be used in or transferred to countries other than India.
6. APPLICABLE LAW AND JURISDICTION
By visiting this Portal, you agree that the laws of the Republic of India without regard to its conflict of laws principles, govern this Privacy Policy and any dispute arising in respect hereof shall be subject to and governed by the dispute resolution process set out in the Terms and Conditions.
7. UPDATES TO OUR PRIVACY POLICY
If we make material changes to the way we collect or use your information, we will notify you by posting a revised version of this Privacy Policy online, and we may also notify you by other means. You should check the Sparkaviator Services periodically for updates.
The date at the top of the Privacy Policy tells you when it was last updated. Any changes to this Privacy Policy will become effective when the revised Privacy Policy is posted. If you use this online service after the changes are posted, you have agreed the changes. If you do not agree with this Privacy Policy or any changes we make, please do not continue to use the Sparkaviator Services.
8. CONTACT US
For any questions or complaints about this Privacy Policy or our privacy practices, please contact us at [email protected]
Welcome to Sparkaviator. Please read this page carefully. It sets out the terms which apply to your use of the Sparkaviator website and mobile application (collectively referred as “the Website”). By using the Website, you agree to comply with these terms and conditions. If you do not agree to these terms of use, please refrain from using the Website. Sparkaviator is the flagship brand of Sparkaviator Sports Private Limited (“Sparkaviator”).
Usage of Sparkaviator
Whosoever makes use of the Website (“User”) i.e. Indian or Non-Indian or accessing the facilities offered therein (“Facilities/Services”) which shall further include their participation in all the games and contests (including fantasy games) that will be conducted on the Website (“Competition/Contests”) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by the Website in relation to any Facility provided herein.
Amendment
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Sparkaviator shall have the power to make any further amendments, whenever it deems necessary to do so, by posting the same on the Website; to these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sparkaviator in relation to any Amusement Facility.
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Any use of the Website establishes the User’s assent to such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sparkaviator in relation to any Amusement Facility, as may be amended from time to time. Notification of any change or amendment in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sparkaviator, may be notified by Sparkaviator, by either posting notifications on the Users accounts or via email to their registered email address with Sparkaviator.
It will be an obligation of the User to notify Sparkaviator of non-acceptance of such amended Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sparkaviator in such email or notification. Further if the same is not exercised by the User within the time as prescribed in the email or notification, it will be deemed that the User have accepted such amended Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sparkaviator. Certain Facilities being provided on Sparkaviator may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
Sparkaviator is vested with absolute and sole discretion to:
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Restrict, suspend, or cancel any User’s access to all or any part of the Website or the Website Facilities/Services;
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Change, suspend, or discontinue all or any part of the Facilities Services;
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Reject, move, or remove any material that may be submitted by a User;
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Move or remove any content that is available on the Website;
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Deactivate or delete a User’s account and all related information and files on the account;
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Establish general practices and limits concerning use of the Website.
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Revise or make additions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event and any further revision which arose out of necessity.
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Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids)
Eligibility
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The Contest(s) are open only to persons above the age of 18 years.
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The Contest(s) are open only to persons, currently residing in India.
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Sparkaviator may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telangana, or Karnataka may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.
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Persons who wish to participate must have a valid email address.
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Sparkaviator may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
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Only those Participants who have successfully registered on the Sparkaviator as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
Breach
In the event of any User’s breach or Sparkaviator reasonably believes that such User has breached these Terms and Conditions, or has illegally or indecorously used the Website or its provided Facilities, Sparkaviator may, restrict, suspend or cancel such User’s access to all or any part of the Website or its Facilities /Services, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User’s on the Website and further, take technical and legal steps as it deems necessary at its sole and absolute discretion without any notice being provided to the User’s. If User’s fee (if any) is charged by Sparkaviator in respect of any of its Facilities/Services, the Website shall repay such fee in the event of suspension or removal or the User’s account or the Website and its Facilities on account of any negligence on the part of Sparkaviator.
Intellectual Property
The Website is protected by copyright, database rights and other intellectual property and related rights (“Rights”) which are owned by the Website and its associates. All such Rights are reserved. Except where otherwise indicated on the Website:
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The intellectual property rights (“Intellectual Property Rights”) in all software underlying the Website and its Facilities/Services and material published on the Website, including (list is inclusive) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, and any other is owned by Sparkaviator, its partners, licensors and/or associates as mentioned in the Copyright Information in the website Users shall not exploit the Intellectual Property Rights that is owned by Sparkaviator and its attributes without express written license from Sparkaviator.
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Users shall be solely responsible for all materials (whether publicly posted or privately transmitted) that the users shall make available on the Website (“Users’ Content”). It is the responsibility of the User’s to make sure that the Intellectual Property Rights that is made available in the User’s content is owned by them and does not violate any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Website. Users assent to indemnify and hold harmless Sparkaviator, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website, by such User or through the User’s commissions or omissions.
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Users hereby grant to Sparkaviator and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:
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displaying Users’ Content on the Website
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distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
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Storing Users’ Content in a remote database accessible by end users, for a charge.
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This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.
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All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Sparkaviator.
Third Party Sites, Services and Products
The Website may contain links to other Internet sites owned and operated by third parties. User’s use of each of those sites is subject to the conditions, if any, posted by the sites. Sparkaviator does not exercise control over any Internet sites apart from the Website, and cannot be held responsible for any content residing in any third party Internet site. Sparkaviator’s inclusion of third-party content or links to third-party Internet sites is not an endorsement by Sparkaviator of such third-party Internet site. Users’ correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services of such third party.User agrees that Sparkaviator will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
The Website contains content that is created by it. Sparkaviator shall not responsible for the content of the third parties with regards to its accuracy, integrity and quality and such content may not be relied upon by the Users in utilising the Facilities provided on the Website including while participating in any of the contests hosted on Sparkaviator.
User Conduct
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Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Sparkaviator may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
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restricting, suspending, or terminating any User’s access to all or any part of the Website’s Amusement Facilities;
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Deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User’s Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Sparkaviator subject to a processing fee (if any) applicable on such transfers as set out herein; or
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Refraining from awarding any prize(s) to such User.
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Users agree to provide true, accurate, current and complete information and in good faith at the time of registration and at all other times (as required by Sparkaviator). Users further agree to update and keep updated their registration information.
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Users agree to ensure that they can receive all communication from Sparkaviator by marking e-mails from the Website as part of their “safe senders” list. Sparkaviator shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
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The password provided to the User’s shall not be revealed to anyone else, meanwhile the Users have to maintain the confidentiality of their accounts and passwords. Users are forbidden from using anyone else’s password and shall immediately notify Sparkaviator of any unauthorised use of password and account.
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At the end of each session Users agree to exit/log-out of their accounts. User failing to comply with these requirements will not hold Sparkaviator responsible for any loss or damage that may result.
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Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with the Website Amusement Facilities and/or Sparkaviator experience or assist in such activity.
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Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Website or its Facilities.
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Any modification of files or software that are part of the Website Facilities shall not be done by the users without Sparkaviator’s express written consent.
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Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the Website Amusement Facilities or any other person’s use or enjoyment of the Website Amusement Facilities.
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Without limiting the foregoing, Users agree not to use the Website for any of the following:
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To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
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Provide an obscene User name. ( the Website shall have the right to take it down)
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To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
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To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
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To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the Website, any software, hardware, or telecommunications equipment;
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To advertise, offer or sell any goods or services for any commercial purpose on the Website without the express written consent of Sparkaviator;
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To advertise, offer or sell any goods or services for any commercial purpose on the Website without the express written consent of Sparkaviator;
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To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
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To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
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To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
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To restrict or inhibit any other user from using and enjoying any public area within our sites;
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To collect or store personal information about other Users;
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To interfere with or disrupt the Website, servers, or networks;
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To impersonate any person or entity, including, but not limited to, a representative of Sparkaviator, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
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To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Website or to manipulate User’s presence on the Website(s);
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To engage in any illegal activities.
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Unauthorised access to the Website is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access the Website by any means other than through the interface that is provided by Sparkaviator for use in accessing the Website. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
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Use of the Website is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Sparkaviator’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of the Website.
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Sparkaviator may not be held responsible for any content contributed by Users on the Website.
Links to other websites and advertisements
Sparkaviator also includes links to other websites. The concerned websites are subject to the privacy policy of the websites which may differ from our Privacy Policy and is beyond the scope of our Privacy Policy. The User may contact the site directly for more information if the User is unable find the privacy policy of any of these sites via a link from the site’s homepage.
When information is presented to its online advertisers with the pretext of helping them understand our audience and confirm the value of advertising on our website, it is conveyed in the form of aggregated statistics on traffic to various pages within our site.We use third-party advertisers to serve ads when you visit our websites. These advertisers may use information (excluding personal information pertaining to your name, address, email address or telephone number) about your visits to this and other websites with the objective of providing specific advertisements that adhere to your interests. Several deceptive emails, websites, blogs etc. claiming to be from or associated with Sparkaviator may or are in circulation on the Internet.Some emails, websites, blogs etc. call the user to provide login name, password etc. or that the user has won a prize/ gift or provide a method to commit an illegal/ unauthorised act or deed or request detailed personal information or a payment of some kind. The sources and contents of these emails, websites, blogs etc. and accompanying materials are in no way associated with our corporation. For the protection of your own privacy, we strongly recommend not responding to emails or using websites, blogs etc.
Registration
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In order to register for the Contest(s), Participants are required to accurately provide the following information:
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Full Name
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Team Name(s)
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E-mail address
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Password
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State of Residence
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Country of Residence
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Gender
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Date of birth
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City of Residence
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College attended
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Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
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If the participant belongs to a state where game of sake is considered illegal. In such case he/she will not be allowed to participate in the competition/contest.
Eligibility
The Contests are open to anyone residing in India and he/she should be a major under the Indian Majority Act, 1875. In terms of Non-Indian Resident, he/she should be major under the applicable law under their respective country. Further since different states have different laws when it comes to the legality of game of skill, Sparkaviator may restrict the participation of individuals from that state or bar it all together, as per the laws prevailing in that state. Furthermore the participants should have their own valid email address. The participants should also be registered on the the Website and in the manner as prescribed by Sparkaviator.
Please Note: Participants from Assam and Orissa are not eligible to play the paid version of the Competition as it is violation of their State Laws under Assam Game and Betting Act 1970 and Orissa Prevention of Gaming Act 1955.
Contest, Participant(s) and prize:
Sparkaviator reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Sparkaviator’s reasonable control, including but not limited to the ones’ mentioned herein below:
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Actual match start time is before the official deadline:
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All sports other than Cricket-
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Sparkaviator reserves the right to adjust the deadline to a maximum of 10 minutes post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned.
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Cricket –
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Sparkaviator reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time.
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In cases where official match time cannot be verified by Sparkaviator through reliable and/or publicly available sources, Sparkaviator reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
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Actual match start time is after the official deadline:
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Sparkaviator reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.
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In Starting Lineup Feature : Purpose of indicating a player’s inclusion in final starting lineup is only to provide information and assist a user in selecting his/her team on Sparkaviator. While indicating a Player’s inclusion in starting lineup is given by Sparkaviator on the basis of information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. Sparkaviator, shall not take any liability, if a player earlier indicated as ‘Playing’ does not play or start for any reason whatsoever.
Tabulation of fantasy points
Sparkaviator may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). in case there is any error in computation of points or selection of winners as a result of inaccurate feeds provided by the third party service providers, Sparkaviator will try to resolve the error as soon as possible but in case any inconvenience is caused even after the rectification, Sparkaviator will not be liable for such loss. Further the Users accept these terms and agree not to raise any objection or claim with regards to the matter as mentioned above.
Payment Terms:
In respect of any transactions entered into on the Sparkaviator platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
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The payment of the pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Sparkaviator Services charged by Sparkaviator and the pre-determined participant’s contribution towards the prize money pool.
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Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning bank Accounts. The said accounts are operated by a third party appointed by Sparkaviator in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) Sparkaviator (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). Sparkaviator receives only its share of the platform Fees through the said Escrow Agent.
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The Sparkaviator reserves the right to charge a Platform Fee, which would be specified and notified by Sparkaviator on the Contest page, being created on Sparkaviator platform, prior to a User’s joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and Sparkaviator shall issue an invoice for such debit to the User.
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The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Sparkaviator has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee.
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Any user availing Sparkaviator services are provided with two categories of accounts for the processing and reconciliation of payments: (i) ‘Unutilized’ Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User’s accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:
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User’s winnings in any Contest will reflect as credits to the User’s Winnings Account.
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User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutilized Account’.
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Unutilized Amount is your Deposited Amount.
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Each time a User participates in any contest on Sparkaviator platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
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In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s).
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Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
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All amounts credited into a User’s ‘Unutilized’ Account must be utilised within 180 days of credit. In case any unutilized amount lies in the ‘Unutilized’ Account after the completion of 180 days from the date of credit of such amount, Sparkaviator reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User.
Contacting Winners
Winners shall be contacted by Sparkaviator or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
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Photocopy of the User’s PAN card or voter ID card;
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Photocopy of a government-issued residence proof;
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User’s bank account details and proof of the same.
Sparkaviator shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Sparkaviator. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate. Participants are required to provide proper and complete details at the time of registration. Sparkaviator shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.The list of Winners shall be posted on a separate web-page on the Website. The winners will also be intimated by e-mail. In the event that a Participant has been declared a Winner on the above mentioned web-page but has not received any communication from Sparkaviator, such Participant may contact Sparkaviator within the time specified on the webpage.Winnings come with 365 days of validity. The amount, if not used or withdrawal within the validity period will expire. In case of Non-KYC accounts winnings come with 180 days of validity The amount, if not used or withdrawal in validity period will expire
Taxes Payable
All prizes in terms of money given under the contest(s) on Sparkaviator shall be subject to deduction of tax as per the Income Tax Act 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
Miscellaneous
The decision of Sparkaviator with respect to the awarding of prizes shall be final, binding and non-contestable. If it is found that a Participant playing the paid formats of the Contest(s) is violating Indian Majority Act or any other law of the land for time being, Sparkaviator shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Sparkaviator may, at its sole and absolute discretion, suspend or terminate such Participant’s account. Sparkaviator will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Sparkaviator shall not be held liable for any loss or damage caused to any prizes at the time of such transportation. The Winners shall bear all transaction charges levied for delivery of cash prizes. All prizes are non-transferable and non-refundable. Prizes cannot be exchanged/redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Publicity
Acceptance of a prize by the Winner constitutes permission for Sparkaviator, and its affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by Sparkaviator without any charge.
Dispute Resolution
The courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Amusement Facilities/Services provided by Sparkaviator (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Sparkaviator, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by the Courts of the competent Jurisdiction as mentioned herein. Nothing contained in these Terms and Conditions shall prevent Sparkaviator from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Sparkaviator’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Sparkaviator to pursue any remedy for monetary damages through the arbitration described herein.
Limitations of liability.
Sparkaviator do not make any representation, warranty or guarantee, express or implied, relating to the Promotion or prizes, and are not responsible for:
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Any incorrect or inaccurate information, whether caused by Users, printing errors or by any of the equipment, hardware, software or programming associated or used with the Promotion;
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technical errors, defects, delays or failures of any kind, including without limitation malfunction, disruptions or disconnections in communications lines, Internet or website access, hardware or software;
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Digital or electronic disruptions, e.g., viruses;
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Unauthorised human intervention, e.g., hacking;
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The technical or human error which may occur in connection with any aspect of the Promotion;
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Any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, access to, copying or downloading materials from the Website or any other website, or receipt or use of any prize.
Preventing steps for minors and other territories:
Sparkaviator is a fantasy sports game company, according to “fifs and Indian Judicial judgement” our platform promotes games as mere of skill and we do not promote any unethical or gambling content on the platform or on the mobile application.
1-In Minor Case
To prevent the minors for the use of the platform, we setup some gateways to restrict them;
1-We accept Indian Government issued person identity to verify their age, authorities, and mobile verification.
2-We do proper KYC documentation under the Indian Judicial pattern.
2-In other territories/Banned territories
A- For outside India territories- We do not promote Sparkaviator business outside Indian territories. To restrict the users, We accept only Indian Government issued person identity to verify their age, authorities, and mobile verification.
B-Banned territories- In India, We do not promote Sparkaviator business in banned states or in banned territories (Odisha, Sikkim, Telangana, Kerala, Andhra Pradesh, and Tamil Nadu).
Also we do not accept their KYC documentation.
3-Unauthorised Players- We Sparkaviator do not promote our business for unethical elements or to use in unauthorised way.
Sparkaviator Guidelines-This game involves an element of financial risk and may be addictive. Please play responsibly at your own risk. The game is applicable for people above 18+ only
Guidelines mentioned on all platform:
Meta (Facebook) products | Mobile Applications | Website
Disclaimers
As permitted by law, neither Sparkaviator nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees or any other person shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. As permitted by law, Sparkaviator shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, amusement facilities or sites, cancellation of competition and prizes. Sparkaviator disclaims any responsibility for, and if a User pays for access to one of Sparkaviator’s Amusement Facilities the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Sparkaviator’s maintenance on the servers or the technology that underlies our sites, failures of Sparkaviator’s service providers (including telecommunications, hosting, and power providers), computer viruses, hacking or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Sparkaviator does not provide any warranty as to the content on the Website(s). The Website(s) content is distributed on an “as is, as available” basis. As permitted by law You must be of 18 years old for participating in any contest on Sparkaviator
Note: Apple is not sponsoring any contest available on Sparkaviator directly or indirectly.