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TERMS AND CONDITIONS OF USE

INTRODUCTION

This website, www.cricket.com ("Site", “Website”), and its related mobile applications (“Apps”) are owned and operated by Crictec Media Limited (hereafter referred to as "Crictec", "the Company", “we”, “us” and “our”). These terms and conditions of use govern your access to and use of the Site and Apps. If you do not agree to be bound by these terms and conditions, you should stop using the Site and Apps immediately.

For the purpose of these terms and conditions of use, wherever the context so requires "you" or "your" or "user" shall mean any natural or legal person who (a) has agreed to become a member of the Site and Apps by registering for an account on the Site or through the Apps; or (b) browses the Site and/or Apps.

REGISTRATION

In order to access certain restricted areas and services on the Site and Apps, you may apply to register for an account. By applying to register for an account, you represent and warrant that all information you provide, now or in the future, is accurate and that you will maintain the accuracy of such information. The Company reserves the right, in its sole discretion, to refuse registration of an account for any reason.

If you choose, or are provided with, a password or any other log-in details to access your account as part of our security procedures, you must treat such information as confidential and you must not disclose it or make it available to any third party. You agree to immediately notify us of any unauthorised use of your log-in details or of any other breach of security that might impact on your use of the Site and/or Apps and/or ours. The Company shall not be liable for any loss or damage arising from your failure to comply with this provision.

Your registration is valid from the date you first log-in to the Site or Apps and is automatically renewed every time you log-in thereafter. If you do not log-in to the Site or Apps for a continuous period of 90 days your registration could be automatically cancelled.

LICENCE TO ACCESS AND USE THE SITE AND APPS

Subject to these terms and conditions of use, the Company hereby grants you the right to access and use the Site and Apps only for your personal and non-commercial use and in a way that these terms and conditions of use permit and for no other purpose.

You may post and share links, images, text and other content from the Site and the Apps on social media platforms like Facebook, Twitter, Google+, Pinterest, with appropriate link-back to the original source.

RESTRICTED USES

In relation to the Site and the Apps, you agree that you shall:

  1. not modify, copy, make derivative works, reproduce, republish, upload, download, post, transmit or distribute in any way any material or content from the Site or the Apps including code and software, except where specifically authorised by us;

  2. not licence, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site or the Apps, whether in whole or in part, or any content displayed on such;

  3. not access, view or use the Site or the Apps in order to build a competitor website, app, platform, service, competition or game;

  4. not access, screen scrape, retrieve or index any portion of the Site or the Apps or reframe or reformat any of the content thereon;

  5. not use the Site or the Apps to harvest or otherwise collect by any means data, program material or any other information whatsoever (including without limitation, email addresses and personal data of other users);

  6. not download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner; and

  7. comply with any content rules that we may issue from time to time.

    You represent and warrant that that you have the right to submit and make publicly available any content posted to the Forums. User content posted by you shall be subject to relevant laws and may be removed, or subject to investigation under applicable laws. You agree that the Company may disclose or preserve user content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with law or legal process; (b) respond to claims that any user content violates the rights of third parties; or (c) protect the rights, property, or personal safety of the Company, other users and the public. Furthermore, if you are found to be in non-compliance with the laws and regulations of your territory or these terms and conditions of use, we may in accordance with the section entitled ‘Termination and Suspension’ terminate your account/block your access to the Site and Apps and we reserve the right to remove any user content that is not compliant with these terms and conditions of use.

    All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by the Company, and such communications shall not be considered reviewed, screened, or approved by the Company. The Company reserves the right for any reason to remove without notice any content posted to the Forums received from users, including without limitation message board postings or comments posted under articles or blog posts.

INTELLECTUAL PROPERTY

All proprietary rights (including Intellectual Property) in the Site and the Apps, including the design of such and any information and content contained therein, are the valuable and exclusive property of the Company (or its licensors, where applicable), and nothing in these terms and conditions of use shall be construed as transferring or assigning any such ownership rights or any other interest in such rights to you or any other person or entity, except where otherwise stated.

For the purposes of these terms and conditions of use, "Intellectual Property" shall mean all intellectual and industrial property rights including without limitation, logos, brand names, images, designs, photographs, video clips, other materials that appear as part of a website or mobile application, copyright, database rights and rights in computer software, domain names, business names, trade marks, service marks, trade dress, rights in get-up and goodwill, the right to sue for passing off and any other intellectual property rights whether registered or unregistered and existing now or in the future

PRIVACY

Your privacy is important to us. Please read our Privacy Statement to understand how we collect, use and process your personal data. We recommend that you do this before using our Site or any of our Apps.

ERRORS, CHANGES AND UNAVAILABILITY OF THE SITE AND APPS

The contents and information published on the Site and the Apps may include inaccuracies or typographical errors from time to time. The Company may, but shall not be obliged, from time to time update the contents of the Site and the Apps. The Company does not guarantee the accuracy, completeness, reliability or currency of the contents and information published on the Site and the Apps and does not accept any responsibility for keeping such up to date and complete or any liability for any failure to do so.

The Company and/or its respective suppliers may, without notice to you, make improvements and/or changes in the Site and the Apps or any part thereof. This means that we may add or remove temporarily or permanently any content, feature, component or other functionality of the Site and the Apps. The Company shall not be liable to you or any third party for any changes to the Site and the Apps or any part thereof. Any changes to the Site and the Apps shall also be subject to these terms and conditions of use. If you are not happy with such changes, you can cease using the Site and the Apps.

The Site and the Apps may be temporarily unavailable from time to time for various reasons including, without limitation, due to required maintenance, telecommunications interruptions, or other disruptions. As such, access to the Site and Apps are provided on an “as is” and “as available” basis as set out below in the section entitled ‘Liability and Indemnification’. The Company will not be liable if for any reason the Site, the Apps or any part thereof is unavailable at any time.

SECURITY OF COMMUNICATIONS

Although we have taken all reasonable security precautions, the nature of communication via the Internet and other electronic means is such that we cannot guarantee the privacy or confidentiality of any information relating to you passing by such methods. In accessing the Site and the Apps, you accept that communications may not be free from interference by third parties and may not remain confidential.

LINKS TO THIRD PARTY WEBSITES

The Site and Apps may contain links to websites owned or operated by parties other than Crictec. Such links are provided for your convenience only. Crictec does not monitor or control outside websites and is not responsible for their content. Crictec’s inclusion of links to an outside website does not imply any endorsement of the material on our Site or Apps or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor.

SWEEPSTAKES, CONTESTS AND PROMOTIONS

Any sweepstakes, contest or similar promotion made available through the Company’s Site and/or Apps or for which the Company may, from time to time, send e-mail messages to you, will be governed by official rules that are separate from these terms and conditions of use. By participating in any such sweepstakes, contest or similar promotion, you will become subject to its specific official rules. Note, however, that you remain subject to these terms and conditions of use to the extent that they do not conflict with the applicable official rules.

LIABILITY AND INDEMNIFICATION

Important – Please read this section carefully as it addresses the Company’s liability to you.

You expressly agree that your use of the Site and the Apps is at your sole risk.

You hereby acknowledge and agree that the Site and the Apps are available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Site or the Apps or the contents thereof. To the fullest extent permitted by applicable law, we hereby expressly exclude all conditions, warranties, guarantees and other terms which might otherwise be implied by statute, common law or otherwise.

Nothing in these terms and conditions of use excludes or limits the Company’s liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation. Notwithstanding the foregoing, in no event shall the Company and/or its associated entities be liable to you in connection with the Site and the Apps for any direct, indirect, punitive, incidental, special or consequential damages or losses howsoever arising whether based on contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent) strict liability or otherwise and in no circumstances shall they be liable for:

 your inability to use the Site, the Apps or any products or services made available through such;

 any decision made or action taken in reliance on any content displayed on the Site and/or the Apps;

 any delay or service interruption to the Site or the Apps;

 the loss of use, data, profits or opportunity or arising out of or in connection with the access, use, performance or functionality of the Site, Apps or any of their contents;

 the conduct of any third party in relation to the Site and Apps; and

 loss of or damage to any device or other property.

TERMINATION AND SUSPENSION

The Company reserves the right, in its sole discretion and for any reason, to suspend or terminate your access to all or part of the Site and/or Apps at any time without notice, and without issuing any refunds if the Company suspects or knows that the user is in breach of these terms and conditions of use or for any actual or improper use of the Site and/or the Apps. If you use multiple accounts, you may have action taken against all of your accounts.

The Company reserves the right to withdraw the Site and/or the Apps at any time and without notice to you. We shall not be liable to the user or any third party for any loss or damage howsoever arising from the termination or withdrawal of the Site and/or Apps or any part thereof.

SEVERABILITY

To the extent that any provisions of these terms and conditions of use are held by any court or any competent authority to be invalid, unlawful or unenforceable, then such provision shall be severed, modified or deleted from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by applicable law.

PRECEDENCE

In the event of any conflict and/or inconsistency as between the provisions contained in these terms and conditions of use and those in any official rules for sweepstakes, contest or similar promotion, the official rules shall take precedence.

WAIVER

The failure by the Company to perform any of its obligations under these terms and conditions of use, or to exercise any of its rights or remedies under these terms and conditions of use, shall not constitute a waiver of such rights or remedies and shall not release you from compliance with such obligations. A waiver by the Company of any default by you shall not constitute a waiver of any subsequent or future default. No waiver by the Company of any of your obligations under these terms and conditions of use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

GOVERNING LAW AND JURISDICTION

These terms and conditions of use and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of Ireland. For the avoidance of doubt, mandatory consumer laws in the country in which you live shall continue to apply to these terms and conditions of use.

The user and Crictec agree that the courts of Ireland shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions of use or its subject matter or formation (including non-contractual disputes or claims). You can bring a claim to enforce your consumer protection rights in connection with these terms and conditions of use in the country in which you live.

CONTACT US

If you wish to contact us, please email info@cricket.com.

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