TERMS AND CONDITIONS- CRICINFOVERSE
The following are the terms and conditions ("Terms and Conditions") that you (the "User") shall be subject to for entering into and interacting with the Cricinfoverse hosted on the URL www.Cricinfoverse.com (the "Cricinfoverse") owned and operated by ESPN Digital Media (India) Private Limited ("ESPN") and/or its affiliates.
This document is a legal agreement between the User and ESPN and shall be considered as an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1) ACCEPTANCE OF TERMS AND CONDITIONS
a) Cricinfoverse is available for access to all Users that are: (a) of sound mind; and (b) at least 18 years of age as on the date of accessing the Cricinfoverse. User's access to and use of the Cricinfoverse is subject to these Terms and Conditions, Privacy Policy (defined below) and all other applicable laws.
b) By entering and interacting with the Cricinfoverse, it is construed that the User has read and understood these Terms and Conditions and has agreed to abide by the same. If the User does not agree to these Terms and Conditions, the User is not entitled to use the Cricinfoverse, and any use thereafter shall be unauthorized.
c) The User acknowledges and agrees that ESPN does not contemplate collection of any 'personal information' and 'sensitive personal data or information' as defined under the Information Technology Act, 2000 and rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (collectively referred to as "Personal Information") from the Users on the Cricinfoverse. In the event any Personal Information is collected by ESPN on the Cricinfoverse, the User hereby consents to the collection, storage, processing, transfer of and sharing of their Personal Information by ESPN in accordance with its privacy policy available at https://privacy.thewaltdisneycompany.com/en/ ("Privacy Policy").
d) The User agrees and understands that ESPN reserves all rights to make amendments, include new conditions or withdraw, change, alter, amend the Terms and Conditions and Privacy Policy without giving prior notice to the User. The User further understands and undertakes the sole responsibility to visit this section of the Cricinfoverse from time to time in order to be informed of the latest version of the Terms and Conditions.
2) DESCRIPTION OF THE CRICINFOVERSE
Users can engage in various activities relating to the sport of cricket for entertainment purposes on the Cricinfoverse. These activities include but are not limited to the following (collectively, the "Activities"):
a)Create their avatar in the Cricinfoverse by customising his/his gender, username, clothes, accessories etc.; b)Access and view cricket related content and statistics, and ESPN marketing campaigns etc., related to the sport of cricket; c)Participate in cricket-themed scrabble and trump card game; and d)Chat with and send pre-templated audio messages to other users present in the Cricinfoverse (collectively, "User Content") All content, recordings and materials generated from or forming part of Activities specified at paragraph 2 (a), (b), (c), and (d) shall be collectively referred to as "Content".
3)ACCESS AND USE OF THE CRICINFOVERSE BY THE USER
By accepting these Terms and Conditions, the User understands and accepts that:
a)ESPN grants the User a non-exclusive limited license to use the Cricinfoverse for personal, non-commercial purposes as set forth in these Terms and Conditions. b)There is no entry fee applicable for accessing and interacting with the Cricinfoverse and no gratification or prize is being offered by ESPN for User's participation in any Activities on the Cricinfoverse. c)ESPN has the right to temporarily or permanently suspend access to the whole or any part of the Cricinfoverse for any technical/operational reason or for any other reason whatsoever at its sole and absolute discretion. ESPN shall be under no liability to the User in the event of non-availability of the Cricinfoverse or any portion thereof for any reason whatsoever. d)ESPN shall not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Cricinfoverse or due to use of the Cricinfoverse or any part thereof, including any injury or damage to User's or any other person(s)' computer/device related to or resulting from interaction with the Cricinfoverse or downloading materials from the Cricinfoverse. e)User acknowledges and agrees not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. f)User agrees not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content. g)ESPN owns and retains all rights to the Cricinfoverse. User further agrees that the Content made available on the Cricinfoverse is owned or controlled by ESPN and/or its licensors. The Cricinfoverse and the Content are protected by copyright, trademark, and other intellectual property laws. h)Trademarks, logos and service marks shown on the Cricinfoverse are registered trademarks of their respective owners. Nothing in User's use of the Cricinfoverse shall be interpreted as granting any license or right to use any image, trademark, logo or service mark made available on the Cricinfoverse. i)User waives their right to any claim based on the detrimental effects or results of any reliance placed by the User on any information or data made available on the Cricinfoverse. Content and data made available on the Cricinfoverse may not be current or upto date for any purpose. j)ESPN shall have the right to use, edit, modify and/or combine comments, Content and any other interaction of the User on the Cricinfoverse for any purposes whatsoever. The User hereby waives off his/her "Moral Rights" with respect to the Content and/or any part thereof as required. The Users shall do all acts and execute all documents in such manner and at such location as may be required by ESPN in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ESPN herein. k)User shall ensure that their usernames, comments, User Content and any other interaction of the User on the Cricinfoverse: (i) does not use materials that belongs to another person and in which the User does not have any rights; (ii) is not blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) is not grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) does not harm minors in any way; (v) does not infringe any patent, trademark, copyright or other proprietary rights; (vi) does not violate any law for the time being in force; (vii) does not deceive or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) does not impersonate another person; (ix) does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (x) does not threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and (xi) does not contain any confidential information or any Personal Information. l)At all times the User shall be solely responsible for any non-compliance with or breach of any applicable laws and regulations in connection with their access and use of the Cricinfoverse. It is clarified for the avoidance of doubt that ESPN shall not be responsible in any manner whatsoever for the above and shall have no liability whatsoever (whether in law or equity or otherwise) in respect of the above.
4)TERMINATION
ESPN reserves the right to immediately terminate or restrict the User's use of the Cricinfoverse or access to Content at any time, without notice or liability, if ESPN determines in its sole discretion that User has breached these Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.
5)DISCLAIMER OF WARRANTIES
a)User agrees to use and access the Cricinfoverse at his/her own risk. The Cricinfoverse and all parts thereof are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. b)ESPN makes no warranties or representations about the accuracy or completeness of the Content and data available on the Cricinfoverse and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies in the Content including these Terms and Conditions, (ii) personal injury or property damage, of any nature whatsoever, resulting from User's access to and use of the Cricinfoverse, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Cricinfoverse, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Cricinfoverse by any third party, and/or (vi) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use and access of the Cricinfoverse including loss of User Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ESPN is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. c)Without limiting the foregoing, ESPN does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Cricinfoverse will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable. d)ESPN is empowered to take a decision on any case with respect to the Cricinfoverse not covered by the present Terms and Conditions.
6)LIMITATION OF LIABILITY
a)In no case shall ESPN, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from User's use of the Cricinfoverse or any part thereof or for any other claim related in any way to User's use of the Cricinfoverse, including, but not limited to, any errors or omissions in any Content or material, or any loss or damage of any kind incurred as a result of the use of the Cricinfoverse or any part thereof, even if advised of their possibility. b)Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, ESPN's liability shall be limited to the extent permitted by law.
7)INDEMNITY
a)User agrees to defend, indemnify and hold harmless ESPN, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) User's use of and access to the Services; (ii) User's violation of any term of these Terms and Conditions; (iii) User's violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) User's breach of any applicable laws. b)In the event of any claim, User shall promptly adjust, settle, defend or otherwise dispose of such claim at User's sole cost. If User is not diligently and continuously pursuing this matter, ESPN may take such action on behalf of User and/or as attorney for the User, to adjust, settle, defend or otherwise dispose of such claim, in which case User shall, reimburse ESPN for any such costs and penalties incurred thereof or such other indemnity in the amount thereof. c)This indemnification obligation will survive the expiry or termination of these Terms and Conditions and User's use of the Cricinfoverse.
8)GOVERNING LAW
These Terms and Conditions and the Cricinfoverse shall be governed by and construed in accordance with the laws of India and the Users submit irrevocably to the exclusive jurisdiction of the courts in Bangalore.
9)SEVERABILITY
If any court or other competent authority holds any provision (or any part of such provision) of these Terms and Conditions to be void or unenforceable, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
10)SUPPORT
In case of any questions, complaints or claims with respect to the Cricinfoverse, please direct your correspondence to the address as given below:
ESPN Digital Media (India) Private Limited The contact information - Cricinfoverse-Support@cricinfo.com
