Terms of Service|
1. ACCEPTANCE OF TERMS
CricketStatz.com provides its Cricket Statz service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. The most current version of the TOS can be viewed at any time at: https://www2.cricketstatz.com/ss/tos.aspx
2. DESCRIPTION OF SERVICE
Cricket Statz is a sports results management portal that allows users to enter sporting match results and other related details and have sporting information including ladders, results, statistics and news presented as a sports web site (the "Service"). You understand that provision of the Service requires the payment of an annual subscription fee and that failure to pay before the subscription expiry date will result in your account being suspended with a halt to displaying any report data until the subscription fee is paid in full. The cost of the annual subscription fee is subject to change without notice. Unless explicitly stated otherwise, any new features of the current Service shall be subject to the TOS. You understand that the Service is provided "AS-IS".
3. USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password upon completion of the Service's registration process. You are responsible for maintaining the confidentiality of your password and subsequent actions under your account.
4. USER CONDUCT
You understand that all information presented by the Service ("Content") is the sole responsibility of the person from which such Content originated. Under no circumstances will CricketStatz.com be liable in any way for Content. You agree to not use the service to a. import or post Content that is unlawful, abusive, offensive, b. import or post any Content that infringes any patent, trade secret or copyright, c. import or post any Content that contains malware or any other code design to interrupt, limit or destroy functionality of any connected device. You acknowledge that CricketStatz.com may disclose your account information and Content if required to do so by law.
You agree to indemnify and hold CricketStatz.com and employees harmless from any claim or demand, including legal fees, made by any third party arising out of Content you submit or post to the Service.
6. AUTHORITY TO PROCESS PERSONAL DATA
You agree that you have received opt-in permission from all players entered into the Service to store and process their personal information ("Personal Data"), including their name, email address, phone number and date of birth. Where the the player is under the age of 18, you have sought and received opt-in permission from the player's parent or guardian. You agree to provide a listing of the Personal Data held in the service on a specific player when that player requests it. You agree to be responsible for maintaining accuracy of the Personal Data of the players entered into the Service and agree to update and erase specific Personal Data upon request from a specific player or parent/guardian of players under the age of 18. You agree to indemnify and hold CricketStatz.com employees harmless from any prosecution arising from your duties under the data privacy acts in your player's country or jurisdiction.
7. FAIR USE
You agree that you will use the service in a manner that does not cause excessive network or server congestion. CricketStatz.com, at its sole discretion, has the right to suspend your account if you are deemed to be using the Service excessively.
8. DATA INTEGRITY AND OWNERSHIP
CricketStatz.com will maintain twice weekly backups of data held and will use best efforts to restore this data in the event of a system failure. You are responsible for any data restoration due to users, authorised or unauthorised, deleting or modifying data from within the Service. It is your responsibility to retain match records to facilitate this. You retain full ownership of the data entered into and produced by the Service.
9. MODIFICATIONS TO SERVICE
CricketStatz.com reserves the right at any time from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. This includes, but not limited to, modification of subscription plans, modification of pricing and the discontinuance of any aspect of the service. You agree that CricketStatz.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You agree that CricketStatz.com, under certain circumstances and without notice, may terminate your user account. Cause for such termination shall include (a) breaches of this TOS, (b) requests by you and/or (c) requests by law enforcement bodies with relevant jurisdiction.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT a. YOUR USE OF THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. b. CRICKETSTATZ.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) RESULTS PROVIDED BY THE SERVICE WILL BE ACCURATE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED c. ANY MATERIAL DOWNLOADED FROM THIS SERVICE IS DONE SO AT YOUR RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
12. LIMITATIONS OF LIABILITY
YOU UNDERSTAND AND AGREE THAT CRICKETSTATZ.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM (i) THE USE OR INABILITY TO USE THE SERVICE, (ii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA OR (iii) ANY OTHER MATERIAL RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
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 11 AND 12 MAY NOT APPLY TO YOU.
14. APPLICABLE LAW
The TOS and relationship between you and CricketStatz.com shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions.