OWNERSHIP AND COPYRIGHT
The Site and Services is owned and operated by MLC. MLC reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf.
The content and materials contained on or distributed within the Site and Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services or MLC or any of the sponsors, franchisees, licensees and other affiliates (the “Content”)) are either owned by, or licensed to, MLC.
We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with MLC.
USE OF SERVICES
To be eligible to use the Services, you must, and you represent and warrant that you do, meet the following criteria:
Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in MLC’s sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event MLC changes the minimum technical requirements is to terminate your use of the Site and/or the Services.
You agree to receive newsletters, promotional materials, and other communications and materials relating to MLC, its sponsors, franchisees, licensees and other affiliates or the Site and/or Services.
REGISTATION FOR CERTAIN FEATURES
Registration and Privacy
You will update your account information with us within 48 hours to ensure that your messages are not sent to the person who acquires your former phone number or address. You grant MLC the right to independently verify any information that you provide through the Site and/or Services about yourself, although MLC does not routinely undertake any verification.
User Name and Account Registrations
MLC may offer certain services that require payment of a fee in order to use or receive a subscription (“Subscription Services”). Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that MLC may request from you, including your IP address. The Subscription Services may also require additional technical requirements.
MLC may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.
SERVICES AND CONTENT
The Content on the Site and Services provided may be updated, deleted or otherwise modified from time to time at MLC’s discretion.
The Site and the Services may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, auctions, contests, games, message boards, chat rooms and video features (each a “Message Feature” and, collectively, the “Message Features”).
You must use the Message Features in a responsible manner. By entering the Site or using the Services, you expressly agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that violates the Code of Conduct for the Site and Services as set forth below.
Although we or our Vendors may from time to time monitor or review Messages or User Names submitted on the Site/Services, neither MLC nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any User Name does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither MLC nor our Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Site or Services.
By transmitting any Message or User Name or submitting ideas, articles, scripts, story lines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies or materials, whether solicited or unsolicited, (each, a “Submission” and, collectively, “Submissions”), you are granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). You agree that MLC may pass these Rights along to others with whom MLC has contractual relationships. MLC shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent.
Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submission, you agree to assign all right title and interest to such Submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment.
Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site or Services, it is our policy not to accept or consider any Submissions that are unsolicited. The intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by MLC and/or our affiliates might appear to be similar to your Submission(s). If you do send any Submission(s) to MLC via the Site, Services, or otherwise, that are unsolicited, however, you agree that (i) your unsolicited Submission(s) are not being made in confidence or trust and that by making such Submission(s) no contractual or fiduciary relationship is created between you and MLC; (ii) any such unsolicited Submission(s) and copyright become the property of and will be owned by MLC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as MLC sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such Submission(s); and (iv) by sending an unsolicited Submission you waive the right to make any claim against MLC or our affiliates relating to any unsolicited Submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Ownership and Non-Infringement
By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law.
CODE OF CONDUCT
Code of Conduct
You agree not to use the Site and Services, including, but not limited to transmitting Messages, links or Submissions in manner that:
Clauses (a) – (j) shall collectively be referred to as the “Code of Conduct”.
General Prohibited Uses
You agree that in connection with your use of the Site and the Services, you will not:
Violations of system or network security may result in civil or criminal liability.
Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any MLC match or game.
MLC reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and MLC may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
LINKS AND EMBEDDING
The Site or Services may contain links to other Web sites and services (“Linked Services”). The Linked Services may not be under MLC’s control and MLC is not responsible for the contents of the Linked Services.
The following restrictions (“Linkage Restrictions”) apply to all links, including any to Embedded Content, to or from the Site or Services from or to any on-line, cable, wireless or other website, service, browser or other resource:
Availability of Services
The availability of the Content, the Site and the Services may be affected or impaired by a variety of factors, including game delays or cancellations, application of blackout restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that MLC is not obligated to provide you with any specific Content or access to the Site or the Services under this Agreement.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer of Warranties
While we use reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content of the Site or in the Services. We make no representation that the Content contained in the Site or the Services are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR VENDORS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK.
MLC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SERVICES BY ANY PARTY, OR (B) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED SERVICES.
Limitation of Liability
NEITHER MLC NOR ANY OF ITS FRANCHISE TEAMS, VENDORS OR ANY OF THEIR AFFILIATES SHALL BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE OR SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO MLC OR CONTENT OR SERVICES ACCESSED THROUGH THE SITE OR SERVICES.
UNDER NO CIRCUMSTANCES WILL WE, OUR FRANCHSIE TEAMS, OUR VENDORS, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR OR OUR VENDORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or Services, 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 advertiser and/or vendor. You agree that we 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 advertisers or vendors on the Site or in connection with the Site or Services. All of your business dealings with vendors and advertisers appearing on or through the Site or Services shall be at your sole risk.
We may give notice to users of the Site or Services by means of a general notice on the Site or Services, electronic mail to a user’s email address if on record, or by written communication sent by first class mail to a user’s address if on record. You may give notice to us (such notice shall be deemed given when received) by any of the following means:
Major League Cricket
Suite 7, 1 First Street
Los Altos, CA 94022
Attn: Legal Department
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), MLC has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Major League Cricket
Suite 7, 1 First Street
Los Altos, CA 94022
Attn: General Counsel
To be effective, the notification must be a written communication that includes the following:
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.