Terms and Conditions

TERMS AND CONDITIONS

I. ACCEPTANCE OF TERMS OF SERVICE

Thank you for visiting https://www.barbados-tridents.com, the official website of the Barbados Tridents team, owned, operated and managed by Gully Cricket Limited (“Website”). These terms of service (“Terms”) entered into between you and Gully Cricket Limited (“GCL”) intend to capture the legal rights and obligations arising from your use of and access to the Website, whether as a registered user or otherwise (each such person, a “Fan”) and these Terms shall govern and apply to every person who accesses or uses the Website, regardless of whether they create a User Profile (as defined hereafter). GCL owns and operates the Barbados Tridents cricketing franchise (“Team”) and facilitates their management and administration towards their participation in the Caribbean Premier League (“CPL”). GCL has conceptualized the Website to serve as a fan engagement platform. Through access to the Website, you shall be provided an interactive platform filled with various features,inter alia(i) access the schedule, status and results of the matches played by the Team in the CPL, (ii) access clips, videos, gallery of images of the Team made available on the Website, (iii) find details regarding the players of the Team as provided by GCL, and (iv) gain access to the latest news in relation to the Team, as provided by GCL.

As a Fan, by accessing the Website and/or on creation of a User Profile and on utilization of the services, you shall agree to abide by and be subject to the terms and provisions set forth under these Terms.

Accordingly, by accessing and using or otherwise interacting with the Website, you have agreed to utilize the Website at your own risk and agree that you have carefully read and accepted the terms and conditions set out hereunder and further acknowledge that your use of and association with the Website shall be governed by and subject to the provisions of these Terms. By agreeing to access, use or interact with the Website, you hereby agree that you have permitted GCL to collect, use, store, process and share, in accordance with the Privacy Policy, the personal data and information provided by you in connection with the creation of the User Profile, and such other information, data and materials (whether audio-visual or otherwise) in connection with the utilization of the Website. Your consent to such processing is hereby given and may be withdrawn in accordance with the Privacy Policy.

II. DEFINITIONS AND INTERPRETATION

1. Definitions

“Applicable Law” shall mean any law, statute, regulation, rule, judgment, order, or directive having binding legal effect, and any binding interpretation or determination made in the administration of the foregoing, issued by a competent governmental, statutory, or regulatory authority, whether in effect as of the date of these Terms or at any time thereafter, and in each case as amended, re-enacted, or superseded from time to time, as applicable to a Party; and, in relation to the processing of personal data, means the General Data Protection Regulation, which shall apply as baseline in all jurisdictions, together with any data protection or privacy law of general application in the jurisdiction from which the Fan accesses the Website (including the Barbados Data Protection Act, 2019-29, and India’s Digital Personal Data Protection Act, 2023), to the extent such law imposes requirements in addition to, or diverging from, the GDPR baseline;
“Business Day” shall mean any day (other than a Saturday, Sunday or statutory public holiday) in Barbados;
“CWI” shall mean Cricket West Indies;
“Confidential Information” shall mean any and all information, provided by GCL to the Fan(s), during the term of their association with and access to or usage of the Website under these Terms, including without limitation information related to GCL, the Team, business, trade secrets, team strategies, plans, team tactics, copyrighted information, proprietary information, intellectual property (either owned by or licensed to GCL), marketing information, computer software, programs, contractual relationships, existing and proposed contracts or businesses, business forecasts and plans, new businesses, negotiations and discussions, programs, processes, methodology of GCL and the Team and GCL supported ventures like the cricket academy and schools, past and current financial records, financial and other non-financial information, and/or any other information either related to GCL or the Team, its players, other support staff members, management or employees, shareholders or owners of GCL or the Team.
“Effective Date” shall be the date on which these Terms shall come into force, and includes any amendments or modifications made to these Terms on or after such effective date by uploading the amended or modified Terms on the Website.
“Force Majeure Event” shall mean any event due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, accident, acts of God, civil commotion, pandemic (including but not limited to COVID-19), strikes or industrial action of any kind, riots, insurrection, war, (and the use of any derelict weapons of war including bombs, torpedoes, bio-chemical war weapons, atomic weapons, weapons employing nuclear fission or radioactive materials), government shutdown, lockdown, or any suspension, restriction, or prohibition imposed by any government or regulatory authority, power or other utility failure, failure of internet or telecommunications infrastructure, the use or operation, as a means for inflicting harm, of any computer, computer system, computer software, computer software programme, malicious code, computer virus or process or any other electronic system, terrorism, change in schedules, rules, regulations or guidelines of the CPL and/or CWI, or the cancellation or rescheduling of any matches of the CPL.
“ICC” shall mean the International Cricket Council;
“Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (i) rights associated with works of authorship world-wide; including but not limited to copyrights, moral rights, and mask-works; (ii) trademark and trade name rights and similar rights, business names, logos, slogans, designs, rights in trade dress or get-up, common law trademarks and service marks, trade mark and service mark registrations and applications therefor and all goodwill, rights to sue for passing off, and unfair competition rights, associated with or pertaining to any of the foregoing; (iii) all inventions (whether patentable or not), invention disclosures, improvements, proprietary and confidential information, trade secret rights, know-how, technology, technical data, utility models, topography rights and customer lists, and all documentation relating to any of the foregoing, (iv) patents, designs, algorithms and other industrial property rights;(v) all software, databases and data collections and all rights therein excluding, for the avoidance of doubt, any database or data collection consisting of Fan personal data, which is governed separately by the Privacy Policy; (vi) all internet uniform resource locators and domain names and all goodwill associated with or pertaining to any of the foregoing, and all social media accounts including all log in and password details to such accounts and content, of GCL and the Team (vii) all other intellectual and industrial property rights (of every kind and nature world-wide and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, in each case belonging to or licensed to GCL or the Team; (viii) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force; and (ix) all rights arising out of or associated with any of the foregoing, including all rights to sue and recover damages for past, present and future infringement, misappropriation, dilution or other violation of any of the foregoing; and (x) all rights or forms of protection having equivalent or similar effect to any of the aforementioned, which may subsist in any country in the world.
“User” shall mean a Fan who has created a User Profile.

2. Interpretation

Under these Terms unless the context otherwise requires:

Word and numbers denoting the singular number shall include the plural and vice–versa.
A reference to any “Person” shall mean and include an individual, natural person, body corporate, partnership, joint venture, incorporated or unincorporated body or association, company, and governmental authority.
Reference to days/month/year shall mean calendar days/month/year.
Any reference to a statute or statutory provision shall be construed as a reference to such provisions as from time to time amended, consolidated, modified, extended, re-enacted or superseded.
A reference to a clause, section or paragraph is, unless indicated to the contrary, shall be construed as a reference to a clause, section or paragraph of these Terms.
A reference to “includes” means includes without limitation.
“Barbados USD” means the official currency of Barbados.
If the day on which any act, matter or thing is to be done pursuant to these Terms, and which is not a Business Day, then that act, matter or thing must be done on the next succeeding Business Day.

III. THE WEBSITE

The Website invites Fan to register and apply for availing the services offered by it. The Website is the exclusive property of GCL. By using the Website, the Fan agrees and acknowledges to have read, understood, and agreed to be bound by these Terms.
GCL reserves the right to modify these Terms in any manner and at any point in time, effective immediately on such revised terms being posted on the Website. For changes that materially affect the Fan’s rights and obligations, GCL will endeavour to provide reasonable notice by posting the revised Terms on the Website with an effective date or aim to notify by other appropriate means. The Fan’s continued usage of the Website will be deemed to be an acceptance of any such modification; if a Fan does not agree to the revised Terms, such Fan may discontinue using the Website and/ or delete their User Profile.
Neither GCL nor the Fan shall be liable for any failure or delay in the performance of their respective obligations under these Terms to the extent such failure or delay is caused by a Force Majeure Event, provided that the affected Party takes reasonable steps to mitigate the impact of such event and resumes performance as soon as reasonably practicable after the Force Majeure Event ceases.

IV. USE OF THE WEBSITE

1. Access to the Website

The Fan would be permitted to access the Website from any internet browser and would be permitted to avail the services offered on the Website. The Fan represents and warrants that all information furnished by the Fan on the Website is true and correct in all respects and undertakes to ensure that the information continues to remain true and correct as long as the Fan has access to or is in use of the Website.
On successfully accessing the Website and in order to access all the services offered on the Website, the Fan may create a User Profile (defined hereafter). The Fan, for creating a profile on the Website (“User Profile”), will be required to provide their personal information including but not limited to their name, email-address and phone number or any other form of personal identification as accepted under Applicable Law from time to time and further, the Fan would be required to accede to these Terms to become a User. The Fan upon becoming a User may, from time to time, be asked to verify and update the details of the User Profile on the Website.
On creation of the User Profile, the User would be required to provide further information (which may include personal information) as may be required by GCL to enable the Website to provide it with appropriate services.
On completion of the User Profile and provision of any additional information as required by the Website, the User may proceed to avail the services offered by the Website, including but not limited to accessing the stores available on the Website for the sale of official Barbados Tridents masks and merchandise.
The User Profile will serve as the single source of information recording all data and activity of the User on the Website.

2. Continued Use of the Website

The User shall be permitted to have continued access to all the services offered on the Website for such period as the User shall continue to maintain a valid and duly updated User Profile on the Website.
Such access shall continue even during the period that the User has ‘signed out’ of the Website, however, in order to use the Website, the User would be required to ‘log-in’ again to access the Website and the services provided thereunder.
In the event that the User wishes to discontinue such use of the Website, the User would be required to delete the User Profile on the Website.
The User hereby agrees that the User shall continue to be bound by the confidentiality obligations of the Website and such other terms even after the deletion of the User Profile and further, on deletion of their User Profile, the User shall undertake to forthwith delete or destroy all such data, information and such other Confidential Information provided by GCL to the User in connection with their association with the Website.
The User agrees that any content the User chooses to make publicly visible on the Website (including in the form of photographs and other information submitted in connection with the User Profile or as part of the Website’s interactive features) shall be provided at the User’s own discretion and risk, and GCL does not guarantee confidentiality with respect to such publicly visible content. This does not affect GCL’s obligations regarding security and confidentiality of the User’s personal data, which are governed by the Privacy Policy.

V. FEATURES

Access to and use of the Website shall include the following features:

Access the schedule, status and results of the matches played by the Team in CPL. The Fan hereby agrees and acknowledges that the schedule and timelines for matches are determined purely at the discretion of CWI/CPL. GCL does not take any responsibility for any change in schedule.
Access to clips, videos, gallery of images of the Team made available on the Website, it is clarified that all such clips, videos and images, and the Intellectual Property Rights subsisting therein, made available are the sole and exclusive property of GCL or otherwise licensed to GCL under a licensing arrangement. The Fan shall not in any manner carry out any usage of such Intellectual Property Rights outside the right of access on the Website.
Access to details regarding the players of the Team as provided by GCL.
Access to the latest news in relation to the Team, as provided by GCL.

VI. QUERIES AND COMPLAINT

The Fan may raise any complaints, queries or concerns (“Complaint”) regarding the provision of services, payment details and such other complaint or grievance arising in connection with the Fan’s utilization of or experience on the Website.
Such Complaint may be raised by way of raising a complaint with the customer care executives of the Website (“GCL Customer Care Executive”) and record a grievance through writing at the link available on the “Contact Us” section on the Website, and then providing the details requested therein. The Fan hereby agrees that any toll, data charges or additional call charges arising from raising a telephonic/email grievance will be borne by the Fan.
GCL undertakes that all Complaint’s raised by the Fan(s) shall be appropriately resolved (including the resolution of any follow up queries to the Complaint raised by any Fan) within a period not exceeding 7 (seven) Business Days.
This Section VI covers general service, payment, and Website experience related complaints only. Complaints or grievances related to the processing of personal data should be directed to and are handled in accordance with the Privacy Policy.

VII. REQUIREMENTS AND CONDUCT OF FANS AND USERS

For creation of the User Profile, the Fan hereby undertakes that he/she is of 18 (eighteen) years of age and is of sound mind.
The Fan acknowledges GCL will collect, use, store and process personal data relating to the Fan in connection with the Website, and that the Fan’s consent to such processing is given and may be withdrawn in accordance with the Privacy Policy.
The Fan further undertakes that the Fan shall not be permitted to assign or allocate the right to use and receive the benefits of the Website to any third party or any other Person.
The User hereby undertakes that the User shall be the sole identified user of the Website through the User Profile, and the User Profile created by the User shall not be used, operated or assigned to any such third party not identified as a User for the purpose of the User Profile.
During the term of use of the Website the Fan hereby undertakes that he/she shall ensure compliance with all Applicable Law(s) at all times and shall ensure that the actions undertaken by the Fan shall not be prejudicial to GCL and shall not result in any disrepute to GCL, the Team, its players, support staff members and their associates and affiliates.
The Fan hereby undertakes to ensure compliance with the extant regulatory framework regulating anti-corruption anti-money laundering activities.
The Fan hereby acknowledges that GCL would be permitted to utilize the personal data and information provided by the Fan in connection with the creation of the User Profile, any image, audio-visual content and such other information, data and materials (whether audio-visual or otherwise) in connection with the utilization of the Website or any other website similar to the Website. Any claims, actions, legal proceedings and injunctive relief or any remedy in this regard, available under Applicable Law, will be resolved by arbitration, unless an arbitration is prohibited by Applicable law or the subject matter of the dispute is incapable of resolution by way of arbitration.
The Fan hereby unequivocally undertakes not to modify, reproduce or infringe in any manner upon the Intellectual Property Rights of GCL, and further undertakes not to assist or support any third party in doing so. Any such infringement shall be regarded as a breach of the Fan’s obligations under these Terms entitling GCL to all such remedies as available under Applicable Law.
The Fan hereby agrees and acknowledges that the Fan shall at all times and under all circumstances shall refrain from the usage of any language, terms, graphical, audio-visual or other representations (including speeches, defamatory reviews and defamatory and offensive emails, messages and public statements) which would result in any loss, harm, damage or disrepute to the reputation and the brand name carried by GCL (including its affiliates, associated entities, shareholders, directors, staff and employees). The Fan further agrees that in the event he/she undertakes the usage of any language or representations which result in loss or disrepute to the reputation of GCL (including its affiliates, associated entities, shareholders, directors, staff and employees), GCL would be entitled to take such actions as would be considered appropriate including a breach of the terms of these Terms.
Through the use of the Website, the Fan hereby agrees that the Website may automatically download and install updates from time to time as provided by and deemed necessary by GCL. These updates are designed to improve, enhance and further develop the services provided on the Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. The Fan hereby provides their consent to receive such updates (and permit GCL to deliver these to you) as part of his/her use of the Website.

VIII. COMPLIANCE WITH RULES AND REGULATIONS OF THE CWI AND THE CPL

GCL acknowledges and undertakes that it will at all times be bound by and subject to the rules, regulations, directives, and decisions of the CPL, CWI, ICC, and any other national or international cricket governing body, and/or any court, arbitrator, or tribunal orders, and any rules, decisions, or directives of government or quasi-governmental bodies.

The performance of GCL’s obligations under these Terms will be in accordance with the rules and regulations of the CPL, CWI, ICC, BCCI, and any other national or international cricket governing body, applicable local and municipal laws, government directives, court orders, and legal compliances from time to time. The Fan further acknowledges that the performance of GCL’s obligations under these Terms is subject to the Privacy Policy available on the Website, as amended and updated from time to time.

IX. LIMITATION OF LIABILITY

GCL hereby states that neither it nor its affiliates or their respective officers, directors, employees, agents shall be responsible for any technical or software failure (including any technical failure affecting the continued use and performance of the Website) arising on account of factors beyond the reasonable control of GCL where GCL has taken all reasonable efforts to eliminate any such technical failure and difficulty faced by the Fan of the Website.
GCL hereby clarifies that GCL shall not, under any circumstance, be held liable and responsible for any technical failure, loss or damage faced by the Fan from the utilization of the payment gateway while making a payment or receiving a refund from the Website.
To the maximum extent permitted under Applicable Laws, neither GCL nor its affiliates or their respective officers, directors, employees, agents shall be liable for any indirect, consequential, or special damages, including loss of profits or loss of data, arising out of or in connection with the Fan’s access to or use of the Website.

X. INDEMNITY

The Fan hereby agrees to, at all times, indemnify, keep indemnified and hold harmless GCL, its affiliates and all its respective officers, directors, employees, agents, owners, shareholders and permitted assigns, from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) The Fan’s use of the Website and the services availed thereof; (ii) A breach or violation by the Fan of these Terms; (iii) any breach by the Fan of the ownership or licensing warranties given under Section XV (Intellectual Property Rights) in respect of Fan provided content; or (iv) any violation of the rights of any third party due to the actions of the Fan.
The Fan hereby further undertakes to cooperate with GCL, in the defence of any legal actions, suits and legal proceedings instituted before any court of law by any third party in connection with the Fan’s use of the Website.

XI. CONFIDENTIALITY

GCL retains all ownership and any rights thereto over any information (including any Confidential Information) provided by GCL in connection with the Terms of the Website. The Fan hereby agrees that he/she shall not modify, disassemble, decompile, reverse engineer, make derivative works of, reproduce, republish or copy any part of the proprietary information and shall not assist or support any third party in doing so, in respect of the proprietary information (including but not limited to data, figures, proprietary information, logos and graphical and audio-visual representations) provided by GCL in connection with these Terms of the Website.
The Fan shall not, without the prior written consent of GCL, disclose, restyle or publish any of the proprietary information provided by GCL in connection with these Terms.

XII. COLLECTION OF INFORMATION

The Fan hereby acknowledges that the Fan shall share such relevant information (including but not limited to personal information of the Fan submitted in connection with the creation of the User Profile and information submitted to GCL in connection with any survey, feedback or service questionnaire provided on the Website) as required by GCL, in connection with the Fan’s utilization of the services on the Website, from time to time.
Further, the Fan permits GCL to collect and retain all such relevant Fan data (including but not limited to data collected in connection with usage statistics of every Fan of the Website, location images and data and any such other data as collected in connection with the Fan’s utilization of the Website) as required in connection with the Fan’s continued utilization of the Website in accordance with Applicable Laws.
The Fan hereby acknowledges that GCL shall have the right to use such Fan data and information which shall include (but not be limited to) a right to use, copy, display, distribute, modify, translate, incorporate into advertisements and other promotional and marketing activities of GCL, analyse, promote, transfer to any sub-contractor or agent of GCL for any such purpose as required by GCL, transfer to any third party for commercial purposes as deemed necessary by GCL subject always to the Privacy policy and Applicable Laws.
The User acknowledges GCL’s right to use (in the manner as described hereinabove) the User data and information shall subsist even after the User has deleted their User Profile from the Website.
Notwithstanding the foregoing section, GCL may disclose any Fan provided information or without the prior written consent of the Fan, to the extent such information is required to be disclosed by GCL by order or direction of a court or tribunal of competent authority under Applicable Law or by a governmental statute, order, decree, regulation, rule or law or is required to be disclosed to any governmental authority, regulatory authority, stock exchange or auditor.
To the extent permissible under Applicable Law, the Fan agrees that GCL’s collection, use, storage, and transfer of Fan information and data in accordance with the Privacy Policy shall not, of itself, constitute a breach of these Terms.
The Fan agrees and understands that the information provided by the Fan shall be dealt with in accordance with the terms of the Privacy Policy for the Website, available at https://www.barbados-tridents.com/,.
The Fan agrees and acknowledges that GCL pursuant to the information received from the Fan, GCL shall have the right to communicate with the Fan and provide the Fan with commercial communication in the nature of information relating to latest news about Barbados Tridents, or any new features on any of the platforms of GCL, and such other commercial communication as may be in relation to GCL to the Team. The Fan specifically consents to the receipt of all such commercial communication in relation to GCL and the Team inter alia though email, SMS and WhatsApp. The Fan shall have the right to revoke its consent to receive such information by sending a revocation request tosupport@barbados-tridents.com

XIII. ACTIONS IN THE EVENT OF BREACH BY THE FAN OF THESE TERMS

In the event of a breach of the terms and conditions set out under these Terms by any such Fan, GCL may take any such action, as deemed appropriate, including (without limitation to) taking all or any of the following actions:

Immediate, temporary or permanent suspension of the User Profile and the Fan’s access to the Website;
Filing of any suit, claim for damages or take any legal action available against the Fan for breach of the terms of these Terms; and
To undertake any and all such actions and remedies as may be available to GCL under Applicable Law including filing a suit for claim for damages resulting from any losses suffered from the actions of the Fan in derogation of the terms and conditions of these Terms.

XIV. TERM AND TERMINATION

These Terms (including any modifications and revisions thereof) shall continue to be binding and applicable upon the Fan for such period as the Fan continues to access and use the Website and/or maintain a User Profile on the Website, whichever is later.
The Fan, on discontinuing his/her access to the Website and/or deletion of the User Profile, whichever is later, would not be subject to these Terms (save and except such obligations that shall survive termination as provided under clause XIX (Survival) of these Terms).
The Fan may, on objection to the Terms or dissatisfaction with the services provided, proceed to delete the User Profile and to discontinue the use of and access to the Website.
In the event that any Fan is involved or found to be involved in any illegal or prohibited activity under Applicable Laws (including Applicable Laws of the United Kingdom, India or Barbados), such activities shall be regarded as a breach of these Terms and GCL shall retain the right to terminate the Fan’s access to the Website with immediate effect and take any other action as may be permitted under Applicable Laws.
Further, a breach (or potential breach) of these Terms, shall entitle GCL to call for an immediate termination of the Fan’s access to the Website and corresponding User Profile, as provided for under these Terms and such termination shall be effective from the date of service of notice of termination by GCL. GCL hereby retains the right to terminate these Terms in the event that GCL, in its sole and absolute discretion, believes that the Fan has violated, abused, or unethically manipulated or exploited any term of these Terms or has acted in any such manner which is otherwise unethical.
Upon termination of access to the Website and suspension/deletion of the User Profile, the Fan would be required to return (where applicable) and delete or destroy any information acquired from GCL in connection with these Terms forthwith. However, GCL shall retain the right to preserve the information provided by the Fan through the use of the Website and the transaction details of the Fan for any legitimate purposes duly prescribed under Applicable Laws.

XV. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights associated with the Website (including any software updates, additions, modifications and revisions thereto), the Team and GCL shall remain the sole and exclusive property of GCL, and the Fan and/ or any third party whatsoever shall not have any claim or title in relation thereto. Any right of the Fan to access the Website under these Terms, is limited to the term prescribed under clause XIV (Term and Termination), and is for the sole and exclusive purpose of enabling the Fan utilise the Website and the services provided thereunder.
The Fan shall not in any way claim any right, title or interest on the Website pursuant to the provisions of these Terms. GCL shall be the first and exclusive owner of all rights including but not limited to Intellectual Property Rights and copyright in all which is the resultant of obligations of the Fan under these Terms, in all languages and in perpetuity.
The Fan shall be granted a personal non-commercial, non-exclusive, non-transferable, revocable license to download, view, display, and use the any content developed and marketed by way of the Website solely in connection with your permitted use of the services Website. The Fan shall not be permitted to sub-license, sell, assign, transfer or in any manner facilitate or support any third party to acquire any Intellectual Property Rights in relation to the Website.
The Fan shall not undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Website or any part or features thereof (except to the extent permitted by Applicable Law).
The Fan disclaims any copyright, patent or other Intellectual Property Rights in the Website and its other deliverables, and agrees to make no claims against GCL in respect of such rights and to undertake any reasonably necessary act to assign or otherwise transfer Intellectual Property Rights and other rights, including rights relating to copyright and trade mark, in any content the Fan submits, posts, or otherwise makes available on the Website to GCL such that all such rights in such content shall vest in GCL.
The Fan hereby submits that the Fan shall be solely responsible for any Fan content (including personal information provided in connection with the services availed by way of the Website) and the consequences of submitting and publishing any Fan owned and Fan developed content on the Website. The Fan hereby affirms, represents, and warrants that the Fan owns or has the necessary licenses, rights, consents, and permissions to publish, share and transfer any Fan owned and Fan developed content submitted on the Website. By making any Fan owned and Fan developed content available on the Website, the Fan hereby grants GCL a nonexclusive, perpetual, irrevocable, transferable, fully sublicensable through multiple tiers (including to other Fans of the Website), worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute the Intellectual Property Rights subsisting in any Fan owned and Fan developed content, information and documentation disclosed in connection with the Fan’s association and use of the Website, in connection with operating and providing the services on the Website.
The Fan hereby agrees and undertakes that the Fan content and Fan information (including personal information provided in connection with the services availed by way of the Website) shall not violate or infringe upon any third party copyrighted material, or material that is subject to other third party proprietary rights, unless the Fan has obtained specific written permission from the rightful owner of the material or the Fan is otherwise legally entitled to post the material and to grant GCL all of the license rights granted herein. Without prejudice to the foregoing, GCL may, at its sole and exclusive discretion, grant to the Fan the right to use content and materials, which are the Intellectual Property Rights of GCL, for the sole purpose of enabling the Fan to avail of the services under the Website, during the extent of the term prescribed under clause XIV (Term and Termination).

XVI. GOVERNING LAW AND JURISDICTION

The provisions of these Terms shall be governed by and construed in accordance with Barbados laws. In the event that any dispute arises between GCL and the Fan in connection with these Terms, that cannot otherwise be amicably resolved between the parties within thirty (30) days from the date of such dispute, such dispute shall be submitted to the jurisdiction of the courts of Barbados. GCL and the Fan agree to submit such dispute to the jurisdiction of the courts of Barbados.
Notwithstanding the foregoing, GCL reserves the right to bring any action seeking injunctive relief or any other form of equitable relief available to GCL under Applicable Laws , whether before the courts of Barbados or in any other competent jurisdiction over any such dispute raised by GCL in connection with these Terms.

XVII. ASSIGNMENT

GCL reserves the right, at any time, to assign, transfer or allocate the rights available to it under the provisions of these Terms or pursuant to the services offered in its Website to any entity as deemed appropriate by GCL.
The Fan hereby undertakes that it shall not assign, transfer or allocate any rights, duties, and obligations available to it under the provisions of these Terms during the term of use of the Website and maintenance of a Fan Profile on the Website.

XVIII. SEVERABILITY

In the event any provisions of these Terms are deemed as illegal or unenforceable under the provisions of any Applicable Law in force in Barbados, the remaining clauses under these Terms (and any terms and conditions contained hereunder) shall continue to remain and have full force and effect.

XIX. SURVIVAL

All such provisions of these Terms that by their nature are required to survive the term and termination of these Terms shall survive. Further, the obligations of the Fan to refrain from all such actions and activities which may be deemed as detrimental to the reputation and the brand name of the Barbados Tridents franchise, shall operate in perpetuity and survive the termination of these Terms.

XX. RIGHTS AGAINST THIRD PARTIES

The rights, remedies, and protections available to GCL under these Terms, including without limitation, under Sections IX (Limitation of Liability), X (Indemnity), XIII (Actions in the Event of Breach), and XV (Intellectual Property Rights) shall be enforceable by GCL against the Fan, any User, and any other third party who accesses, uses, or interacts with the Website in breach of these Terms or in infringement of GCL’s rights, whether or not such person has created a User Profile or is otherwise a contracting Fan.

Nothing in these Terms limits or waives any rights or remedies available to GCL under Applicable Law, including without limitation any intellectual property, tort, or unfair competition law against any person, whether or not such person is bound by these Terms as a Fan or User.

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