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Terms and Conditions

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, 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

  1. ACCEPTANCE OF TERMS AND CONDITIONS
  2. CricInfo Limited (CricInfo) provides the Kirkets service to you, subject to the following terms and conditions as stated in this Agreement, which may be updated by CricInfo from time to time without notice to you. The changes will appear in this document, which you can access at any time by selecting Help, followed by Subscription Information, followed by Subscriber Agreement on the web site. Your use of Kirkets after changes are made to this Agreement means that you agree to be bound by such changes. You can review the most current version of CricInfo's Agreement at any time at  http://www.cricinfo.com/link_to_database/INTERACTIVE/KIRKET/TERMS.html.

    Your use of Kirkets constitutes your agreement to all such terms, conditions, policies and notices (the "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.

  3. DESCRIPTION OF KIRKETS SERVICE

CricInfo provides users of the Kirkets Service (the "Service") with

    • access to an exclusive section on CricInfo.comís web site with a host of interactive content and services,
    • access to a variety of offline events (screening of classic cricket matches in select locations, participation in cricket matches, chats with celebrities etc.)
    • special offers on a variety of services (like exclusive merchandise, travel and ticketing services, SMS alert services, discounts on shopping at Cricshop etc.)

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CricInfo properties as part of the Service, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that CricInfo 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 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.

  1. MODIFICATIONS TO SERVICE
  2. 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.

  3. FEES AND PAYMENTS
  4. 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. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. 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 donít 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 kirkets@cricinfo.com.

    Disputed charges must be reported to Kirkets by an e-mail to this address kirkets@cricinfo.com within 30 days of the disputed billing date.

  5. REGISTRATION, ACCOUNT CREATION AND SECURITY
  6. 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 kirkets@cricinfo.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 kirkets@cricinfo.com. 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.

  7. LIMITATIONS ON USE
    1. Only one individual may access the Service at any time using the same user name or password, unless CricInfo agrees otherwise.
    2. The content and services available through the Service are the property of CricInfo or of its licensors and is protected by copyright and other intellectual property laws. You may use the content and services available through the Service for your personal, non-commercial use only.
      1. Your right to use the Service is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree not to sell, publish, distribute, retransmit, sub-license, transfer or assign this Agreement to any third party without the approval of CricInfo.
    3. You agree not to create abstracts from or scrape or display headlines from CricInfoís content for use on another web site or service. You agree not to post any content from the Service to newsgroups, mail lists or electronic bulletin boards, without the written consent of CricInfo. To request consent for this and other matters, please contact us at kirkets@cricinfo.com
    4. You agree not to use the Kirkets Service for any unlawful purpose. CricInfo reserves the right to terminate or restrict your access to Kirkets if, in its opinion, your use of Kirkets may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, CricInfo may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
    5. In order to use the Kirkets service, your browser must be set to "accept all cookies". If you set your browser "not to accept any cookies", you will not be able to use the Kirkets service.
    6. You must be over 18 years of age to be eligible to participate in some of the activities that are part of the Service and you hereby agree not to participate in those activities with age restrictions if you are not eligible.

  8. SUBSCRIPTION RENEWAL AND CANCELLATION
  9. 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 kirkets@cricinfo.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 kirkets@cricinfo.com, 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.

  10. SPONSORS, THIRD PARTIES AND ADVERTISERS
  11. Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or 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 sponsor, third party or advertiser. You agree that CricInfo 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 sponsors, third parties or advertisers on the Service.

  12. LINKS
  13. 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.

  14. DISCLAIMER OF WARRANTIES
  15. 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.

  16. LIMITATION OF LIABILITY
  17. 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; (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.

  18. EXCLUSIONS AND LIMITATIONS
  19. 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.

  20. TRADEMARK INFORMATION
  21. 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 kirkets@cricinfo.comas soon as possible.

  22. NON-WAIVER
  23. 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.

  24. HEADINGS FOR CONVENIENCE ONLY
  25. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

  26. VIOLATIONS
  27. Please report any violations of this Agreement to us at kirkets@cricinfo.com.

  28. INDEMNIFICATION:
  29. 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.

  30. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS:
  31. 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.

  32. PRIVACY
  33. Registration data and other information about you is subject to the Privacy Policy of the Kirkets Service. Since CricInfo is an International company operating in multiple countries, processing registration data may involve transferring it on a global basis. By subscribing to Kirkets, you consent to your data being transferred on a global basis.

    Credit and debit card data, if collected by CricInfo at the time of Registration will be encrypted, stored on secure dedicated servers which are locked behind a firewall, and will only be used for the purposes of collecting Subscription Fees. Currently, CricInfo does not collect any credit or debit card data from users. All credit or debit card data are currently collected directly by our payment gateway provider - Citibank.

  34. RESTRICTIONS ON USE:
  35. 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.

  36. SEVERABILITY:
  37. 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.

  38. ENTIRE AGREEMENT:
  39. 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.

  40. SUSPENSION AND TERMINATION OF SERVICE:
  41. CricInfo reserves the right to refuse or discontinue service to any user without notice if

    1. you breach any provision of this Agreement
    2. you are made bankrupt, enter into liquidation or any arrangement or composition with your creditors or if a receiver or administrator or administrative receiver is appointed against any of your assets or business
    3. CricInfo ceases or intends to cease to operate the Service.

    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 toKirkets Club Anchor, c/o CricInfo India Private Limited, 25, Dr. Radhakrishnan Salai (Fifth Floor), Mylapore, Chennai 600 004, Indiaor by e-mail to kirkets@cricinfo.com.

  42. CHOICE OF LAW AND FORUM:

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 UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.