|
Terms of Service |
|
|
Welcome to Cricketology! The services and content available at www.cricketology.com and all linked pages ("Cricketology Site") are owned or operated by Skilworth Technologies Private Limited., ("Cricketology.com", “STPL”, "us" or "we"), and our mobile and internet game application ("Cricketology Game") may be accessed by you only subject to the Terms of Service described below ("Terms of Service").
|
|
1. Acceptance of Terms of Service |
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE CRICKETOLOGY SITE OR GAMES. BY ACCESSING THE CRICKETOLOGY SITE OR GAMES OR USING ANY PART OF THE SITE OR GAMES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICES, THEN YOU MAY NOT ACCESS THE CRICKETOLOGY SITE OR GAMES (AS APPLICABLE).
If you wish to become a Member, communicate with other Members and make use of the Cricketology.com game and services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process. Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
|
|
|
2. Modifications to Terms of Service |
We reserve the right, at our sole discretion, but without the obligation to modify or replace the Terms of Service (including any part thereof) at any time without specific or general notice. If the alterations constitute a material change to the Terms of Service, we will endeavor to make prominently visible on the Cricketology.com website a notice evincing such modification. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for regularly reviewing these terms and becoming familiar with any such modifications. Your use of the Cricketology Site or Games following any modification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
This Agreement includes Cricketology.com 's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and Cricketology.com 's Privacy Policy.
|
|
|
3. Description of Service, Cricketology Site and Games |
Cricketology is a skill-based cricket prediction contest that allows Members to further their cricket knowledge, accept our expert challenge and compete for prizes.
The Cricketology Site and Games may include, without limitation, text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips. We may change, suspend or discontinue the Cricketology Site or Games (including any part thereof) for any reason, at any time, including the availability of any feature or part of the available content. We may also impose limits on certain features and services or restrict your access to parts or all of the Cricketology Site or Games without notice or liability. We may delete your profile/account if we are informed that the same is being used for a purpose that is against the intentions of the site or the Services that are to be provided as per the website.
GAMBLING PROHIBITION: THIS GAME IS STRICTLY FOR ENTERTAINMENT PURPOSES AND MAY NOT BE USED IN CONNECTION WITH ANY FORM OF GAMBLING OR OTHER SUCH GAMING ACTIVITIES. PROMOTION OF GAMBLING SITES FROM THIS SITE IS PROHIBITED.
|
|
|
4. Intellectual Property |
The ownership of the Intellectual Property Rights created during the performance of Services hereunder shall vest entirely with the Skilworth. Any and all of the Intellectual Property Rights created, developed, subsisting or used in connection during the existence of and after the discontinuation of the website, if the same may arise, but in connection with these services shall be the sole ownership of Skilworth.
All materials contained on the Cricketology Site and Games, including without limitation text, graphics, icons, images and software, copyrights, moral rights, and mask-works, trademark trade name, trade dress rights and similar rights, trade secret rights, all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) including logos, “rental” rights and rights to remuneration, whether arising by operation of law, contract, license, common law or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions, objections or reissues hereof now or hereafter in force including any rights in any of the foregoing are the property of Skilworth Technologies Private Limited, its Licensors or its content suppliers and are protected by Indian laws. The compilation of all content on this site is the exclusive property of Cricketology. You may not alter or remove any Intellectual Property or other notice from copies of content.
Cricketology.com respects the law relating to intellectual property and expects our account holders to do the same. Unauthorized copying or distribution of protected works is an infringement of the holders' rights. Cricketology.com may terminate the account of any user who Cricketology.com believes, in its sole discretion, has infringed upon the intellectual property right of others.
Skilworth Technologies Private Limited., and its affiliates and licensors own and retain all rights in the Cricketology.com Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Cricketology.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Cricketology.com's proprietary information. "Cricketology" and " Cricketology.com " are trademarks of Skilworth Technologies Private Limited.
All other trademarks used on the Cricketology Site are the property of their respective owners.
|
|
|
5. Advertising Acknowledgement |
You acknowledge and agree that Cricketology may include advertisements on the Cricketology Site and within the Cricketology Game end user experience. These advertisements may include banner ads and promotions on Cricketology Site, as well as sponsor logos, interstitial ads and interactive ads within the Cricketology Games as determined at Cricketology's sole discretion. You acknowledge that you shall not claim any right in such advertisements and shall also not attempt to in any manner infringe the intellectual property rights of such advertisements.
|
|
|
6. User Registration Obligations |
As a condition to using some or all of the Cricketology Services, you are required to register using your e-mail address and/or mobile phone number ("Cricketology Member ID") and log in with your selected password or given Personal Identification Number (PIN). You shall provide Cricketology with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Cricketology account.
You may not
- select or use as an Cricketology Member ID a name of another person with the intent to impersonate that person;
- use as an Cricketology Member ID a name subject to any rights of a person other than you without appropriate authorization; or
- use as an Cricketology Member ID a name that is otherwise offensive, vulgar, obscene or that is against the interest, integrity, sovereignity of the Union of India or prejudicial to the relations of the Union of India with any other nations.
Cricketology reserves the right to refuse registration of, or cancel a Cricketology Member ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your Cricketology password.
To register and receive services (including access to the Cricketology Games and portions of the Cricketology Site) you must be at least 18 years old. Further, you may only become a registered user if you live in a country or other political division that permits membership. If you do not so qualify, do not attempt to register for or use the services. This Agreement will be void ab initio and without effect, and you will not be entitled to any services, if you do not satisfy these age and jurisdiction requirements.
|
|
|
7. Cricketology User Conduct |
As a condition of use, you promise not to use the Cricketology Site or Games for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Cricketology.
Cricketology.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
The following actions, not limited to the list given herein below is a list of the kind of content and activities that are illegal or prohibited on the Website:
- to abuse, harass, threaten, impersonate or intimidate other Cricketology users;
- to post content that is patently offensive, inciting and promotes racism, gambling, bigotry, hatred or physical harm of any kind against any group or individual;
- to contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose; if you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Cricketology user;
- to, except as expressly permitted by Cricketology, copy, modify, distribute, adapt or hack the Site, Games or any Content or to modify another website so as to falsely imply that it is associated with the Site;
- to create or submit unwanted email or SMS messages ("Spam") to any other Cricketology user or any URL;
- to violate any laws in your jurisdiction
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- to create separate user accounts with the intention of artificially inflating any Cricketology metric or service;
- after Cricketology has refused registration of, or canceled your Cricketology Member ID, whether by attempting to register using a different Cricketology Member ID or otherwise circumventing the account registration process;
- to create an Cricketology Member ID using "bots" or any other automated process, or to register a Cricketology Member ID with the intention of preventing others from registering such Cricketology Member ID;
- to violate any traditionally accepted rules governing contact between adults and minors (anyone under 18), including respect for privacy and restraints on language and behavior. Traditionally accepted rules prohibit improper overtures, sexually suggestive activity and prying questions in contact between adults and minors;
- to impersonate any other person including, but not limited to, any Cricketology employee or other user of the Cricketology Site or Games, or to otherwise falsely claim to be authorized to act by or on behalf of Cricketology or other users of the Site or Games (e.g. a Cricketology Guru); or
- to create or distribute software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware.
User also agrees not to engage in the following Prohibited Content and Activities (including but not limited to):
- Modifying, adapting, translating, decompiling, disassembling or reverse engineering any portion of the Cricketology.com service, either directly or indirectly; or rent, lease, or otherwise transfer any of the rights that you receive hereunder.
- Engaging in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service, including information.
- Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
- Reformatting or framing any portion of the web pages that are part of the Cricketology.com service.
The Cricketology.com service is made available for your personal use only. You may not use the Cricketology.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence.
You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the Cricketology.com service.
In addition, you agree that:
- you will not interfere with another member's use and enjoyment of Cricketology;
- you will not interfere with or disrupt Cricketology 's security measures;
- you will not interfere with or disrupt networks connected to Cricketology and will comply with all regulations, policies and procedures of such networks.
Please choose carefully the information you post on Cricketology.com and that you provide to other Members. Your Cricketology.com profile may not include the following items: telephone numbers and street addresses, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Cricketology.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Cricketology.com assumes no responsibility or liability for this material.
Cricketology.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
|
|
|
8. Indemnification of Cricketology |
You agree to indemnify and hold Cricketology, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors harmless from any loss, liability, damages and expenses (including without limitation reasonable attorneys' fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the Cricketology Site and Games, your violation of these Terms of Service, or your violation of the rights of any third party.
|
|
|
9. Termination |
We may terminate or suspend any Cricketology account immediately, without prior notice or liability, if you
- breach any of the terms or conditions of the Terms of Service, or
- engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Cricketology, any Cricketology user, or any third party.
Upon termination of your account, your right to access and use the Cricketology Site and Games will immediately cease. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations and limitations of liability. If your account is terminated, we may, but are not required to, remove some or all of your content from our servers.
|
|
|
10. Reservation of Rights; Restrictions |
All rights not expressly granted to you by Cricketology in this Agreement are reserved. You understand and agree that
- any software provided to you in connection with Cricketology is licensed to you and not sold, not withstanding the use of words such as "buy," "purchase," "sell," and the like; and
- Cricketology and its licensors retain title to the Cricketology Site and Games (and all modifications, improvements and derivatives thereof) and all associated copyrights, trademarks, and other intellectual property rights therein.
By participating in any offline Cricketology.com event, you agree to release and hold Cricketology.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Cricketology.com event.
|
|
|
Term and Termination |
These Terms of Service will apply to your use of the Cricketology.com service. You may terminate your membership immediately at any time, for any reason, by sending us a message here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Cricketology.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
|
|
|
Notices |
Cricketology.com may provide you with notices regarding the Cricketology.com service or these Terms of Service by regular mail, email, or postings to this Web site.
|
|
|
Non Commercial Use by Members |
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Cricketology.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Cricketology.com for any illegal or unauthorized use of the Website.
|
|
|
Proprietary rights |
By submitting, posting or displaying any Materials on or through the Cricketology.com service, you automatically grant to us a worldwide, non-exclusive, sublicense able, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.
|
|
|
Warranty Disclaimers |
Third Party Content.
Some of the content displayed in connection with the Cricketology Site and Games is developed by people over whom Cricketology exercises no control. Accordingly, the Cricketology Site and Games may include or direct you to sites containing content that some people find objectionable, inappropriate, or offensive. Cricketology cannot guarantee that your use of the Cricketology Site and Games will not expose you to unintended or objectionable content and Cricketology assumes no responsibility for what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of having been exposed to the content. You hereby release Cricketology from all liability for you having acquired or not acquired content through the Cricketology Site and Games. Cricketology makes no representations concerning any content contained in or accessed through the Cricketology Site and Games, and Cricketology will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Cricketology Site and Games.
GENERAL DISCLAIMER. THE CRICKETOLOGY GAMES, SITE, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Links
The Cricketology Site and Games may provide, or third parties may provide, links to other World Wide Web sites or other resources. Because Cricketology has no control over such sites and resources, you acknowledge and agree that Cricketology is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Cricketology shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Limitation of Liability
IN NO EVENT SHALL CRICKETOLOGY.COM OR ITS SUPPLIERS OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE CRICKETOLOGY SITE, GAMES, SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) Rs.100 (Indian Rupees)
Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Cricketology in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Cricketology shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Cricketology's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sub-licensable by you except with Cricketology 's prior written consent. Cricketology may transfer, assign or delegate the Terms of Service and its rights and obligations without consent.
Governing law and arbitration:
The Terms of Service shall be governed by and construed in accordance with the laws of India. Any disputes arising with respect to this Agreement shall be adjudicated by a sole arbitrator to be appointed by Skilworth. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Chennai, India using the English language and pursuant to the rules of the Indian Arbitration and Conciliation Act, 1996 or any enactment of statute that may have amended or accordingly replaced the same. The arbitrator shall decide ex aequo et bono or as amiable compositeur. It is agreed that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service and that all modifications, except as otherwise provided herein, must be in a writing signed by both parties.
Disclaimers.
Cricketology.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Cricketology.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service Cricketology.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Cricketology.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or Members due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Cricketology.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Cricketology.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cricketology.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Disclaimer of Warranties.
Skilworth Technologies Private Limited and any affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the cricketology.com service. Skilworth disclaims any and all responsibility and liability for the conduct of any Member.
THE CRICKETOLOGY.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE CRICKETOLOGY.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SKILWORTH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU AGREE THAT YOUR USE OF THE CRICKETOLOGY.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.
|
|
|
Miscellaneous Provisions |
Without limiting the foregoing, under no circumstances shall Cricketology be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Cricketology.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Cricketology.com regarding the use of the Website and/or the Service. The failure of Cricketology.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
The Cricketology Game and all accompanying materials are copyright © 2006 Skilworth Technologies Private Limited.
|
|
|
|
|
|
|
|