WELCOME TO CRICINFO ("COMPANY"). BEFORE YOU USE OUR SERVICE, YOU MUST READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY.
BY USING OUR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE; DO NOT USE THE SERVICE.
1. Description of Services
COMPANY provides downloadable mobile content, such as games, graphics, news and other information data through its on-line (World Wide Web) and SMS (Short Message Service) services to compatible mobile devices (the "Service"). The Service may also include access to products and services of independent third parties. After proper registration and payment, you will be permitted to download certain Products through the Service to compatible mobile phones and other compatible devices.
2. Registration and Access to the Service
(a) Access to the Service. IN ORDER TO USE THE SERVICE YOU (1) MUST BE AT LEAST 16 YEARS OF AGE AND HAVE THE CONSENT OF THE SUBSCRIBER OF THE MOBILE SERVICE TO SIGN UP FOR AND USE THE SERVICE ON THEIR BEHALF AND (2) AGREE ON BEHALF OF THE SUBSCRIBER AND YOURSELF TO BE BOUND BY THESE TERMS. In order to use the Service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
(b) Contracts for our Service. COMPANY is offering its Service as a combination of a downloaded application and subsequent information content from its servers. The contract for the ongoing Subscription Service between you and COMPANY shall begin when COMPANY, upon your request, has provided you with access to the Service (such access will be based data that COMPANY deems sufficient for your identification). Access to the Service can be provided by delivering to you downloadable mobile content (e.g. by delivering a J2ME application or an info news or by enabling you to download the product by means of a WAP-Push link). Contracts for the products and services of COMPANY and independent third parties which are made available through the Service shall begin when COMPANY or the third party has accepted your order for the products or services or has provided you with the product or service pursuant to your order. The contract will remain in effect until terminated by you or Company according to Section 8 of these Terms.
(c) Responsibility for the Use of the Service. You are fully responsible for all activities that occur under your use of the service. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify COMPANY immediately in case you become aware of or suspect unauthorised use of the application on your mobile device. COMPANY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.
(f) Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. COMPANY shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these TERMS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.
(g) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by Company, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.
(h) Interruptions or Discontinuation of Service. COMPANY may suspend the Service for repair, maintenance, and/or upgrade work. In such event, COMPANY shall make reasonable efforts to keep the said interruption as brief as is reasonably possible with as little inconvenience to you as is reasonably possible. COMPANY reserves the right to modify or discontinue, temporarily or permanently, individual service elements provided by it or third parties via the Services, or the Services themselves. If a service element is or the Services are to be permanently discontinued by COMPANY it will notify you of this fact and reimburse any pre-paid fees.
(i) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, COMPANY shall indicate the products and services as third party content. Even though they may be co-branded with COMPANY and therefore include COMPANY'S trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THRID PARTIES.
You acknowledge that COMPANY collects and processes "personal information"(i.e. information that could be used to contact you, phone number or e-mail address), or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes. Personal information collected by COMPANY may be stored and processed in any country in which COMPANY or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Your personal information and demographic information will be deleted no later than six months after termination of your subscription. COMPANY may store your information beyond this date if that is required by law or contract
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY COMPANY.
Except in jurisdictions where such provisions are restricted, you agree that COMPANY'S entire liability to you or any third party , and your or any third party’s exclusive remedy, in law, equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, company, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages Even if company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, COMPANY'S liability is limited to the extent permitted by law in such Country.
You agree to indemnify and hold COMPANY, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
6. Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company’s Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
(a) Fees. The one off fee for the Service is available at COMPANY's web site. You shall pay COMPANY for the Services and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator. Where applicable, the charges can also be paid by using credits, with your credit card, or by bank transfer. The different payment methods are specified during the order process for the product you chose. COMPANY may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.
(b) Fee Changes. All fees, including fees for existing subscription contracts, are subject to change upon notice from COMPANY. COMPANY will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription effective immediately upon termination.
8. Termination and Cancellation of Services; Right to withdraw
Charges may appear on your mobile phone bill following month of use or order as mobile operators bill retrospectively.
You agree that COMPANY, at its sole discretion, may at any time terminate your use of the Service and remove and discard any content within such services, if COMPANY believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, COMPANY may immediately bar any further access to the Service. Further, you agree that COMPANY shall not be liable to you or any third party for any termination of your access to the Service.
9. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered to the following address:
Wisden Cricinfo Limited
1.4 Shepherds Building
London W14 0EE
COMPANY shall serve notices related to this contract by posting them on the COMPANY web site or by sending them to the postal address or e-mail address you have given to COMPANY or as a text message to your mobile phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the COMPANY Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
(b) Changes of TERMS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY COMPANY AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.
(c) Other terms, entire agreement. These TERMS are in addition to any COMPANY or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TERMS and such Specific Terms, the latter shall prevail. These TERMS and any other terms or documents referred to herein represent your entire agreement with COMPANY with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
(d) Severablity. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(e) Waiver. COMPANY's failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
(g) Survival. In the event this Agreement terminates as provided herein, Sections 2(c)(h), 4, 5, 6 and 9 of these TERMS shall survive such expiration or termination.
(h) Governing Law and Jurisdiction. This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of the United Kingdom. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in London, UK.