Cricking includes http://www.cricking.com/ (the "Website") and other websites and mobile applications maintained and owned or will be owned and maintained in the future by Cricking LLC ("Cricking"), including the Cricking social prediction mobile app ("App"). Please read these terms and conditions carefully. They govern your browsing and use of all of the Services provided by Cricking including any and all content and information available on the Services.
Should you proceed to browse or use the Website/App or its Content, it will amount to your consent to these Terms of Service. If you do not agree with these Terms of Service, please do not browse or use the Website or the App.
1. Proprietary Rights
All Website and App materials, including, without limitation, the trademark CRICKING, the Cricking logo, design, text, graphics, data, literature, information, other files, and the selection and arrangement thereof (collectively, "Content") are the property of Cricking affiliates or licensors. You may electronically copy and print to hard copy portions of this Website and App for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Cricking, is strictly prohibited.
"CRICKING", "www.cricking.com", and all other trademarks on this Website and App are either trademarks applied for registrations or registered trademarks of Cricking and its licensors, and shall not be copied, imitated or used, in whole or in part, without the prior written permission of Cricking. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Cricking and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cricking.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website/App are the property of their respective owners. Cricking might have other trademarks, copyrights, or other intellectual property rights covering subject matter in any webpages on the Website/App screens, and any software part of the Website/App. Unless we have granted you licenses to our intellectual property, our providing you with such webpages on the Website/App screens or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
2. Conduct of the User:
This Website and App might include or be connected to discussion forums or other interactive areas, including, but not limited to, bulletin boards and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas in relation to this Website/App.
You are responsible for the internet connection and/or mobile charges that you might incur for using Cricking. Please check with your mobile operator or internet service provider if you are unsure what these charges will be before you use. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent.
You agree not to use this Website/App or its related discussion forums or interactive areas to do any of the following:
1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (hereinafter collectively known as "Material") that we deem to be or is otherwise considered to be or is in fact unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, deceptive, or racially, ethnically or otherwise objectionable.
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international laws.
3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
5. Distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters in the name or on behalf of cricking without the permission of Cricking.
6. Harm, harass, invade the privacy of our users/members especially minors in any way.
7. Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Duplicate, copy, reverse engineer, alter, hack or modify any part of the service in any medium in any manner or to otherwise circumvent technological measures designed to control access to or elements of our services or to do anything a reasonable person is likely to believe is not within the spirit of fair play or these terms.
9. Collect or harvest any personally identifiable information including email (if applicable), phone number (if applicable), social media profile of other Cricking users through the services rendered by Cricking.
In addition, you agree not to do any of the following:
1. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
4. Use any device, software or routine that interferes with the proper working of the Website.
5. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
6. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
7. Otherwise attempt to interfere with the proper working of the Website.
3. Limitation of Liability:
IN NO EVENT SHALL CRICKING OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, COSTS OR ANY OTHER DAMAGES, COSTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE/APP OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE/APP, EVEN IF CRICKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. User Submissions:
1. Some of the Services provided by us may allow you to submit or transmit audio, video, text, image or other materials, including so-called "user generated content" and "feedback" (collectively, "User Submissions") to or through the Services.
2. When you provide User Submissions, you grant to Cricking and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub licensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
3. You represent and warrant that you own or control all rights in and to the User Submissions and have the right to grant the license granted in Section 4(2) to us and our affiliates and partners and our respective licensees, successors and assigns.
4. You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not Cricking LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
5. We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other user of the Website or App.
6. With respect to the "Selfie" feature of this Website/App you shall not take a selfie that is obscene or scandalous or inappropriate or affect religious sentiments or moral values of any person and/or not in violation of any other law.
5. Site Content and Information
Our websites and mobile applications may contain information, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or be outdated. Cricking makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products/parties within this Website and App does not imply endorsement of that product/party and are not warranted to be accurate, complete, current, or error-free.
6. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and App, and any service or material we provide on the Website and App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
THE INFORMATION, CONTENT AND MATERIALS ON OUR WEBSITES AND MOBILE APPLICATIONS ARE PROVIDED "AS IS" AND WE GIVE NO REPRESENTATION AND WARRANTY IN RESPECT OF SUCH INFORMATION, CONTENT AND MATERIALS. IN PARTICULAR, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITES AND APP (INCLUDING, WITHOUT LIMITATION, SUBMISSIONS) ARE ACCURATE, COMPLETE OR CURRENT OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS OR ANY SOFTWARE OR OTHER DEVICE THAT MAKES SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Moreover, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of any information, content, materials, products or services contained on or offered, made available through, or otherwise related in any way to the Website or App, including, without limitation, submissions, or any third party sites or services linked to or from the Website and App in terms of their correctness, accuracy, completeness, reliability, safety or otherwise. Cricking is not affiliated in any manner whatsoever and claims no association, in any capacity whatsoever, with the (i) International Cricket Council ("ICC") or any national cricket board or team, (ii) Board of Control for Cricket in India ("BCCI"), (iii) the Indian Premier League ("IPL") or any IPL franchises, or (iv) any other domestic cricket tournament/league, or tournament franchise/team (other than where specifically stated). Cricking acknowledges that the ICC, BCCI/IPL and its franchises, respective national cricket boards, domestic tournament organizers and franchises/teams, respectively, own all proprietary names and marks relating to the relevant match/competition.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Cricking and its affiliates, officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or App or any Materials or User Submissions you provide, including, but not limited to, any claim by a third party that any Materials or User Submissions infringe or violate such third party's rights or interests.
9. Removal and Disclosure:
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and User Submissions at any time and for any reason, including, but not limited to Material and User Submissions, that we deem or have been advised to be or ordered or directed by any legal authority as being inappropriate, scandalous, obscene or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and User Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to protect our rights or property, or to protect users of our Website and App from fraudulent, abusive, or unlawful use. Indirect or attempted violations of this notice or any related policy, guideline or agreement, and actual or attempted violations by a third party on your behalf, shall be considered violations of this agreement by you.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES AND PARTNERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Game of Skill
1. This application primarily requires the users to make their choices and inputs on the application based on their knowledge of the games of cricket, the particular day's weather and pitch conditions, cricket statistics, knowledge of the team and players' relative form, the team and players' performance in a particular territory and against the opponent, player injury, and/or format of the game such as ODIs, test cricket, Twenty20 etc. and attention, dedication and adroitness in the game
2. By playing this game you acknowledge and agree that you are playing a game skill.
3. We hereby confirm that none of the games played on its application are or in any way connected with gambling directly or indirectly and we strictly prohibit users from using it for gambling or other illegal purposes
4.For instance, in the Indian jurisdiction games that are played with skill are legal and they are not considered as gambling. The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
11. Applicable Law
You agree that you access this Website/App at your own initiative and you are responsible to comply with all applicable laws including any applicable local laws in the respective country where you reside and play the game. You agree that you will discontinue using our Website/App if laws applicable to you restrict or prohibit you from using our services.
12. Governing Law and Jurisdiction
All matters relating to the Website, the App, and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website or App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Cricking reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and User Submissions.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App or Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Cricking LLC. Any use of the Website or App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may also violate copyright, trademark and other laws.
If any provision of these Terms of Service are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
You may not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.
16.Intellectual Property Complaints:
Cricking respects the intellectual property rights of others and expects its users to do the same. Cricking at its sole discretion may terminate and/or disable the account of users who it suspects to be infringers of the intellectual property rights of others. Additionally, in appropriate circumstances and in its sole discretion, Cricking may remove or disable access to any content or material that may be infringing or the subject of infringing activity on our Website/App.
18. Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.