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Limitation of Liability & Indemnity
YOU AGREE THAT CRICAPI SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF SITE, EVEN IF CRICAPI HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
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CricAPI's Fantasy API are designed for you to be able to run a Fantasy Cricket PLATFORM through the use of our API. However payment collections, enforcement of terms and conditions are the sole responsibility of the API user (i.e. you or your developer). If you fail to manage the integration or utilization as per the stipulated CricAPI guidelines, the wins / losses / legal liabilities you agree to hold CricAPI harmless. Furthermore since usage of this API is clearly stated as non-mission-critical and non-emergency, CricAPI is not responsible for any loss you may incur in case of a lag in API updates, if you run out of credit or for absolutely any other reason whatsoever including but not limited to potential business model changes by Wherrelz IT Solutions Pvt Ltd.
Games can be broadly classified into the following two categories (as per Indian courts):
• Games of chance, where the winner is determined entirely by mere luck, the result is wholly uncertain and doubtful and a human being cannot apply his/her mind to estimate the result or his/her efforts to influence the result. Generally, such games are illegal as constituting gambling.
• Games of skill, where, skill plays the dominant role and the result depends primarily upon the relative knowledge, training, attention, experience, and/or adroitness of the participants. Generally, such games are not deemed to constitute ‘gambling’ and do not fall foul of the laws prohibiting gambling.
For a game to be considered a ‘game of skill’ under Indian law, the element of skill must predominate the element of chance in affecting the results of the game. Thus, the extent to which skill is involved in the game is the key factor in the determination of the nature and legality of the game under Indian law.
Accordingly, games such as Cricket, Fantasy Cricket, Rummy, Chess, Carrom and Wagering on Horse Races have been recognised by the courts in India as games of skill.
Games of Skill and Fantasy Sports in the United States of America
The principal federal statute that deals with online fantasy sports in the U.S. is the Unlawful Internet Gambling Enforcement Act, 2006 ("UIGEA 2006") which was enacted to combat internet gambling. The UICEA 2006 specifically exempts from its purview any fantasy sports games that "have an outcome that reflects the relative knowledge of the participants, or their skill at physical reaction or physical manipulation (but not chance), and, has an outcome that is determined predominantly by accumulated statistical results of sporting events, including any individual performances in such sporting events." and satisfy the below criteria:
• All prizes and awards offered to winning participants are established and made known to the participants in advance of the game;
• The value of prizes is not determined by the number of participants or the amount of fees paid by those participants;
• All winning outcomes are based on the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events; and
• No win is based on a point-spread or on one single performance in one single event. In other words, no winning outcome is based - (a) on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; or (b) solely on any single performance of an individual athlete in any single real-world sporting or other event.