Terms of Service
1. ACCEPTANCE OF TERMS
iCricketLeague.com welcomes you. iCricketLeague.com provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.iCricketLeague.com.com/TOS.htm. In addition, when using particular iCricketLeague.com owned or operated services, you and iCricketLeague.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. iCricketLeague.com may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
iCricketLeague.com provides users with access to a rich collection of resources, including various communications tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for iCricketLeague.com to provide the Service. You also understand and agree that the Service may include certain communications from iCricketLeague.com, such as service announcements, administrative messages and the iCricketLeague.com Newsletter, and that these communications are considered part of iCricketLeague.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new iCricketLeague.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that iCricketLeague.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that iCricketLeague.com has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iCricketLeague.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iCricketLeague.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). iCricketLeague.com is concerned about the safety and privacy of all its users, particularly children
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iCricketLeague.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. iCricketLeague.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not iCricketLeague.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. iCricketLeague.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will iCricketLeague.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that iCricketLeague.com may or may not pre-screen Content, but that iCricketLeague.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, iCricketLeague.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by iCricketLeague.com or submitted to iCricketLeague.com, including without limitation information in iCricketLeague.com Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that iCricketLeague.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of iCricketLeague.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by iCricketLeague.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF
COMMUNICATIONS ON iCricketLeague.com NETWORK
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
iCricketLeague.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant iCricketLeague.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the iCricketLeague.com network of properties that are intended by iCricketLeague.com to be available to the general public. By way of example, publicly accessible areas of the Service would include iCricketLeague.com Message Boards and portions of iCricketLeague.com Club, Members Scores, and Members name that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of iCricketLeague.com that are limited to members, iCricketLeague.com services intended for private communication such as Send Mail, or areas off of the iCricketLeague.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by iCricketLeague.com.
You agree to indemnify and hold iCricketLeague.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that iCricketLeague.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on iCricketLeague.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that iCricketLeague.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that iCricketLeague.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that iCricketLeague.com reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
iCricketLeague.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iCricketLeague.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that iCricketLeague.com may, under certain circumstances and without prior notice, immediately terminate your iCricketLeague.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your iCricketLeague.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in iCricketLeague.com's sole discretion and that iCricketLeague.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that iCricketLeague.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because iCricketLeague.com has no control over such sites and resources, you acknowledge and agree that iCricketLeague.com 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 iCricketLeague.com 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.
17. iCricketLeague.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by iCricketLeague.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
iCricketLeague.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by iCricketLeague.com for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT iCricketLeague.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF iCricketLeague.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 18 and 19 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. iCricketLeague.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
iCricketLeague.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The iCricketLeague.com, iCricketLeague.com logo FOR ALL THAT SURFING YOU NEED THE RIGHT BOARD, FORTIFIED WITH iCricketLeague.com ON THE WEB trademarks and service marks and other iCricketLeague.com logos and product and service names are trademarks of iCricketLeague.com. (the "iCricketLeague.com Marks"). Without iCricketLeague.com's prior permission, you agree not to display or use in any manner the iCricketLeague.com Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
iCricketLeague.com respects the intellectual property of others, and we ask our users to do the same. iCricketLeague.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide iCricketLeague.com's Copyright Agent the following information:
iCricketLeague.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: support@iCricketLeague.com
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and iCricketLeague.com and governs your use of the Service, superseding any prior agreements between you and iCricketLeague.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other iCricketLeague.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and iCricketLeague.com shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and iCricketLeague.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Franklin, Ohio.
Waiver and Severability of Terms. The failure of iCricketLeague.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your iCricketLeague.com account is non-transferable and any rights to your iCricketLeague.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
If (a) it appears you have engaged in cheating or manipulation of the Service, or (b) iCricketLeague.com otherwise believes you have acted in a manner inconsistent with the spirit or the letter of the TOS or these Additional Terms, your Fantasy Cricket account may be suspended or cancelled immediately and all information contained within it immediately deleted or made inaccessible. iCricketLeague.com may, but has no duty to, immediately terminate your access to the Service if iCricketLeague.com in its sole opinion concludes that you have provided false information in connection with your registration data. iCricketLeague.com accepts no liability for information that is deleted due to the termination of your account.
ACCURACY OF INFORMATION
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH FANTASY Cricket ARE UNOFFICIAL. Fantasy Cricket and its respective components are offered for informational and/or entertainment purposes only. While iCricketLeague.com and the third parties used to provide the Fantasy Cricket Service (the "Third Party Providers") use reasonable efforts to include accurate and up-to-date information, neither iCricketLeague.com nor its Third Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Fantasy Cricket Service. iCricketLeague.com and its Third Party Providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Fantasy Cricket Service, and shall not be responsible or liable for any error or omissions in that information.
ENTERTAINMENT PURPOSES ONLY
Fantasy Cricket is for entertainment purposes only and may not be used in connection with any form of gambling or wagering or for any other commercial endeavors.
COLLECTION OF PERSONAL INFORMATION
iCricketLeague.com'S RESERVATION OF RIGHTS
iCricketLeague.com expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any iCricketLeague.com service, including the Fantasy Cricket Service, if iCricketLeague.com, in its sole discretion: (a) believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other iCricketLeague.com users, or the general public, or (c) believes that you have acted inconsistently with the spirit or letter of the TOS, these Additional Terms, or the Official Game Rules. iCricketLeague.com Fantasy Cricket and its related benefits are offered at the discretion of iCricketLeague.com, and iCricketLeague.com has the right to modify or discontinue, temporarily or permanently, the iCricketLeague.com Fantasy Cricket Service, in whole or in part for any reason, with or without notice to you. You agree that iCricketLeague.com will not be liable to you or to any third party for any modifications or discontinuance of the Service.
You agree to indemnify and hold harmless iCricketLeague.com, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of, or participation in, Fantasy Cricket, your connection to the Fantasy Cricket Service, your violation of the TOS, these Additional Terms, the Official Game Rules, or of any rights of another person or entity.
INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
LOCATION OF LAWSUIT
The iCricketLeague.com Terms of Service, which apply to your use of Fantasy Cricket, provide that both you and iCricketLeague.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Franklin, Columbus,USA. The iCricketLeague.com Terms of Service, these Additional Terms and the relationship between you and iCricketLeague.com will be governed by the laws of the State of California, without regard to its conflicts of law provisions.
WHAT TO DO IF YOU WITNESS A VIOLATION
If you witness any user activity in iCricketLeague.com Fantasy Cricket that violates the Terms of Service, these Guidelines or the iCricketLeague.com Fantasy Cricket Official Game Rules then in effect, please notify us of the activity via email support@iCricketLeague.com. iCricketLeague.com cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service a fun place for everyone.
Copyright © 2006 iCricketLeague.com Inc. All rights reserved.