Subscriber Agreement for the Kirkets Service
THIS AGREEMENT WAS LAST UPDATED ON June 13, 2002.
PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT BELOW. This Subscriber Agreement details the terms and conditions governing your use of the Kirkets Service, which is a cricket club operated by CricInfo India Private Limited.
By clicking on the "Subscribe" button during the registration/renewal process, you agree to be bound by the terms of this Agreement. In case you have filled forms to the club membership through any other means, the following agreement will govern even you. If you do not agree to be bound by the terms of this Agreement by clicking on the "Subscribe" button during the registration/renewal process, you will not be able to proceed with the registration process and become a subscriber to the Kirkets Service.
Kirkets Service Subscriber Agreement
CricInfo Limited (CricInfo) provides the Kirkets service to you, subject to the following terms and conditions as stated in this Agreement. There may be links to other CricInfo services from within the Kirkets service and CricInfo does not guarantee access to those services. . Other CricInfo services like Statsguru, Fantasy, e-mail newsletters and any other services that CricInfo may launch or operate from time to time all maintain their own separate Terms of Service, which address the specific terms for those services.
CricInfo provides users of the Kirkets Service (the "Service") with
You are responsible for obtaining access to the Service through CricInfo's login interface that you can access by typing http://kirkets.cricinfo.com and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the service. You are responsible for making all arrangements (including any travel or accommodation if required) to participate in any of the offline events organized as part of the Kirkets Service.
CricInfo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), or its availability to you, with or without notice. You agree that CricInfo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
CricInfo may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Subscriber Agreement page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use CricInfo after the notice is posted, you are indicating your acceptance of those changes.
CricInfo will charge you an annual subscription fee of Rs. 150/- (Rupees One hundred and fifty only) for access to the Service. In order to use the Service or designated portions of the Service you will be required to register and create an account. CricInfo reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice of 15 days to you.
In order to set up an account with CricInfo you may provide CricInfo with valid credit or debit card information. By submitting such credit or debit card information, you give CricInfo permission to charge all Fees incurred through your account to the credit or debit card you designate during the Registration process. CricInfo will bill all charges automatically to your credit or debit card. Subscription Fees will be billed at the beginning of your subscription or any renewal. All fees and charges are non-refundable unless explicitly specified otherwise.
If you don't have a credit or debit card, you may also pay using other mechanisms offered by CricInfo from time to time.
Your right to use the Service is subject to any restrictions established by CricInfo or by your credit or debit card issuer. If payment cannot be charged to your credit or debit card or your payment is returned to CricInfo for any reason, including charge back, CricInfo reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
If you have questions about your bill or about Kirkets's billing policies, please contact us at email@example.com.
Disputed charges must be reported to Kirkets by an e-mail to this address firstname.lastname@example.org within 30 days of the disputed billing date.
As part of the registration and account creation process required to obtain access to this Service, you will select a subscriber ID (username) and a password. You will provide CricInfo with certain registration information, all of which must be true, complete and accurate in all respects and updated (if any of your registration information changes, you can update it by visiting our My Account page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity or charges incurred on your CricInfo account including, but not limited to, use of the account by any person authorized by you to use your subscriber ID and password.
If CricInfo believes that you have provided false information or failed to notify CricInfo of any changes, CricInfo reserves the right to terminate this Agreement and your access to the Service immediately without notice.
If you forget your Username or Password, you may retrieve them by contacting us through the Forgot Password page and your Username and Password will be e-mailed to you at the e-mail address with which you registered. If you have forgotten your e-mail address, you may contact us at email@example.com and CricInfo at its sole discretion may after satisfying itself of the authenticity of your request and your identity, provide you with a new Username/Password to enable you to access the Service.
Upon receipt and satisfactory processing of your Registration Form and initial payment in accordance with Clause 4, you will be sent an e-mail confirmation of acceptance of registration. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify CricInfo of the problem by giving notice via e-mail to firstname.lastname@example.org. If CricInfo has reason to believe that there is likely to be a breach of security or misuse of the Service CricInfo may change any or all of your passwords immediately and will notify you accordingly.
CricInfo will automatically renew and charge your account upon the anniversary of your enrollment. You give permission to CricInfo to automatically charge your subscription fee to your credit or debit card on the anniversary of your enrollment, for the same plan you had been enrolled for.
However, you may "opt out" of this automatic renewal at any time by visiting your subscriber preferences page (My Account) and indicating your preference. Or, at any time prior to the end of the applicable billing period (quarter, year or every other year), you may give CricInfo notice by e-mail to email@example.com that you do not wish to renew your account. Upon receipt of such notification from you, CricInfo will cancel your account when your existing subscription expires.
The renewal charge will equal the rate prevailing at the time of renewal, details of which can be found at our firstname.lastname@example.org, within seven calendar days from the day you signed up.
Refunds to subscribers to special offers, if any, will be reduced by the amount of the retail price of, and shipping costs associated with the special offer items.
CricInfo may link to, or promote, web sites, resources or services from other companies on the Service or offer you the ability to download software from other companies. Because CricInfo has no control over such sites, resources or services, you acknowledge and agree that CricInfo is not responsible for the availability of such external sites, resources or services, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites, resources or services. You further acknowledge and agree that CricInfo 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, resource or service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRICINFO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
CRICINFO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRICINFO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY CRICINFO OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY CRICINFO AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRICINFO SHALL NOT BE LIABLE 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 CRICINFO 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; ANDANY OTHER MATTER RELATING TO THE SERVICE.
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 10 AND 11 MAY NOT APPLY TO YOU.
All materials on the Service ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by CricInfo or by other parties that have licensed their material to CricInfo. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
Kirkets, CricInfo.com, and other CricInfo.com logos and product and service names are trademarks of CricInfo Limited. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Kirkets Service is a club for cricket fans and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. CricInfo will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that CricInfo's content or trademarks are being misused please contact email@example.com as soon as possible.
The failure of CricInfo to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect. 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to us at firstname.lastname@example.org.
You agree to indemnify, defend and hold CricInfo harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
Any comments, materials, or letters sent by you to CricInfo regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. CricInfo shall have no obligation of any kind with respect to such Received Materials and CricInfo will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, CricInfo is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to CricInfo for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
You may not use CricInfo or its content for any illegal purpose or in any manner inconsistent with the terms of Service laid out in this Agreement. You agree to use CricInfo solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
This Agreement and any other terms and conditions of the Kirkets service constitute the entire agreement between you and CricInfo for the Service and govern your use of the Service and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of the Service.
CricInfo reserves the right to refuse or discontinue service to any user without notice if
You have the right to terminate this Agreement and your Account at any time on written notice (including e-mail) to CricInfo.
If CricInfo delays in acting upon a breach of this Contract by you, then delay will not be regarded as a waiver of the breach. If CricInfo do waive a breach of this Contract by you, that waiver is limited to that particular breach.
Notices given under the Agreement may be given by CricInfo to you by e-mail, through the Service or in writing to the address as currently stated in your Account details and by you to CricInfo by writing to Kirkets Club Anchor, c/o CricInfo India Private Limited, 25, Dr. Radhakrishnan Salai (Fifth Floor), Mylapore, Chennai 600 004, Indiaor by e-mail to email@example.com.
You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by Indian Law and you and CricInfo submit to the exclusive jurisdiction of the courts of Chennai, India in respect of any claim or matter arising in relation to this Contract. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTOOD THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
The Kirkets Service is a subscription - based club for cricket fans from CricInfo, offering users who pay a subscription
There may be links to other CricInfo services from within the Kirkets service. Other CricInfo services like Statsguru, Fantasy, e-mail newsletters and any other services that CricInfo may launch or operate from time to time all maintain their own separate Terms of Service, and Privacy Policies, which will be publicly available.
CricInfo also collects information from the site using "cookies" and "IP files".Cookies
Each time a user visits our Web site, our servers -- like most servers on the Web -register some basic technical information, including for example, the visitor's IP (Internet Protocol) address, browser type etc.
We also count, track and aggregate the user's activity into our analysis of general traffic flows at our sites (e.g. tracking where traffic comes from, how traffic flows within the CricInfo.com network of sites, etc.). To these ends, we may merge information about users and visits into group data, which may then be shared on an aggregated basis with our advertisers; but we will not disclose your individual identity or personally identifiable data (such as name, phone numbers or e-mail Ids). When we do present aggregated information to outside companies, no one will be able to identify you or contact you.
CricInfo will process the information that we collect from you and from your use of the site for the following purposes:
CricInfo may combine the information that we collect from you through the Kirkets service with information that you provide to us in connection with your use of our other products, services and web sites.Discussion Forums
Kirkets may offer a forums section to provide you with an opportunity to tell us what you think and read what other readers have to say. When you use our forums (for example, by posting a message on our message boards), we may make public any information that you provide.
In addition, CricInfo carries out research on user demographics, interests, and behavior based on the information provided to us directly (for example on registration, during a promotion or during e-commerce transactions) or from log files. The aim of this is to better understand and serve users. This research is compiled and analysed on an aggregated basis and does not enable identification of individual users.
Partners: Cricket boards, business partners, sponsors, advertisers:
CricInfo may disclose aggregate user information to cricket boards and cricketing organisations, business partners or sponsors or potential advertisers. For example aggregated data collected during a CricInfo promotion may be shared with a partner for the purposes of assessing the promotion. It is not possible to identify individual users from such aggregated data.
CricShop, travel and betting services:
CricInfo does not run CricShop. CricShop and other transactional facilities run by partners (such as betting, travel or specialist shopping facilities) CricInfo has no responsibility or liability for these independent policies. Information regarding the retailer, their store, and their privacy policies is provided by the relevant partner at the point of purchase/transaction.
If you elect to use our referral service for informing a friend about our site, CricInfo will ask you for your friend's name and email address. CricInfo will automatically send your friend a one-time email inviting them to visit the site. CricInfo will store your friend's name and e-mail address for the sole purpose of sending this one-time email and for no other reason or use. You should only give us your friend's e-mail address if your friend is happy for you to do so.
CricInfo contains links to other sites. Please be aware that CricInfo is not responsible for the privacy practices of such other sites. CricInfo encourages users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information.
We will always either ask for your consent or give you the option to opt out of receiving offers or information from CricInfo or its partners, either at registration or when we collect your information. In addition, at any time you can email firstname.lastname@example.org to request not to receive such offers and mailings and to have your information removed (see section 9).
You will also receive email notifications from CricInfo unless you have chosen to opt- out. Occasionally these promotion-related email messages may include targeted advertisements. You can opt out of receiving this kind of information by clicking on an opt-out box at the time of entry.
If you wish to update or amend the information held by CricInfo (for example to change contact details or to alter preferences with regard to receiving mailings), you can do so at the My Account page, a link to which will be found on the foot of all pages. To update or amend information or preferences held by a third party, for example sponsors of a competition, you will need to contact that third party. If you identify an error in the information held by CricInfo please contact email@example.com . CricInfo will aim to rectify any notified error within one week of receipt of your request.
Kirkets subscriptions can be deleted or deactivated by mailing firstname.lastname@example.org . If users choose to delete or deactivate their subscription, CricInfo will not refund their subscription amount. Once a user has deleted or deactivated his/her subscription, the same subscription cannot be reactivated again. Users will need to subscribe again by filling up the registration form and making a payment again.
CricInfo recommends that users do not divulge their CricInfo registration password to anyone. CricInfo will never ask users for passwords in an unsolicited phone call or in an unsolicited email. Users should also remember to log off from their CricInfo account and close their browser window when they have finished work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect users' personal information, CricInfo cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once CricInfo receives your transmission, it makes every effort to ensure its security on its systems.
You should keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through email, or in chat areas that information can be collected and used by others. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for keeping your passwords and/or account information secret. You should be careful and responsible whenever you are online.
CricInfo advises that children (under 12) do not register for its services or participate in its competitions and promotions. Anyone under 18 years will not be eligible to participate in some of the activities that are part of the service and such restrictions will be notified from time to time
Questions regarding this policy should be directed to email@example.com