Mobile Application and Website are collectively referred to as the “App”. Any reference to App shall also mean reference to the CricPlay Services and the Contest.
- THE APP IS ALLOWED TO BE DOWNLOADED AND USED ONLY BY INDIAN CITIZENS, RESIDING IN INDIA EXCEPT THE RESIDENTS/USERS OF THE INDIAN STATES OF ASSAM, NAGALAND, ODISHA, TELANGANA, SIKKIM AND WHERE OTHERWISE PROHIBITED BY LAW.
- CITIZENS AND/OR RESIDENTS OF COUNTRIES OTHER THAN INDIA ARE NOT ELIGIBLE TO DOWNLOAD OR USE THE APP IN ANY MANNER.
- IF YOU ARE RESIDING AND/OR ACCESSING THE APP FROM ANY REGION WHERE THE CRICPLAY SERVICES AND/OR CONTEST MADE AVAILABLE THROUGH THE APP IS PROHIBITED OR RESTRICTED BY LAW OR OTHER REASONS, THEN YOU ARE PROHIBITED FROM DOWLOADING, REGISTERING AND USING THE APP. YOU ARE RESPONSIBLE FOR COMPLIANCE OF ANY LAWS THAT ARE APPLICABLE ON YOUR COUNTRY/DOMICILE/STATE/RESIDENCE.
- EMPLOYEES OF TIL, ITS RESPECTIVE HOLDING, SUBSIDIARIES, ASSOCIATE COMPANIES AND THIRD-PARTY SERVICE PROVIDERS WHO HAVE BEEN ENGAGED BY TIL FOR THE DEVELOPMENT, PROMOTION, ADMINISTRATION OR EXECUTION OF THE CONTEST, AND THEIR FAMILY/HOUSEHOLD MEMBERS ARE NOT ELIGIBLE TO DOWNLOAD OR USE THE APP.
- IN CASE OF ANY DISPUTE/ISSUE REGARDING THE APP OR CRICPLAY SERVICES OR THE CONTEST MADE AVAILABLE THROUGH IT, TIL’S DECISION SHALL BE FINAL AND BINDING.
TIL RESERVES THE RIGHT TO WITHDRAW OR DISCONTINUE AND/OR TERMINATE THE APP/ CRICPLAY SERVICES/CONTEST AT ANY STAGE WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY WHATSOEVER TO YOU
- You must be eighteen (18) years or older to sign up, register, access and use the App. Any user who has been suspended or removed by TIL from downloading, registering or using the App for any reason whatsoever is prohibited from downloading, registering and using the App again. You shall not have more than one active registration on the App. You are prohibited from selling, trading, or otherwise transferring Your CricPlay Account to another person. In order to complete the registration process and to use the App, You may be asked to disclose certain personal information to TIL.
- You shall ensure that the information provided by You during the registration process is complete, accurate and up-to-date. All information submitted to the App becomes the property of TIL. Use of another user's/persons Information for registering and availing the services of the App is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TIL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TIL has the right to suspend or terminate Your CricPlay Account and refuse any and all current or future use of the App.
- You will be responsible for maintaining the confidentiality and security of Your CricPlay Account information. You are fully responsible for all activities that occur under Your CricPlay Account. You agree to (a) immediately notify TIL of any unauthorized use of Your CricPlay Account or any other breach of security, and (b) ensure that You exit from Your CricPlay Account at the end of each session. TIL cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by TIL or any other user of the App due to authorized or unauthorized use of CricPlay Account as a result of Your failure in keeping Your CricPlay Account Information secure and confidential.
- You expressly agree that TIL does not have any fiduciary duty or relation with You in any manner whatsoever.
2. Intellectual Property Rights
- The App, its selection and arrangement, including but not limited to all text, graphics, user interfaces, data, videos, comments, written posts, software, graphics, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the App is owned and controlled by TIL or its licensors. The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
- TIL reserves the right to change or modify the Content from time to time at its sole discretion. The trademarks, logos and service marks displayed on the App including but not limited “CricPlay” ("TIL Marks") are the property of TIL or its group companies. The App may also contain, display third party trademark(s), logo(s), content(s) (“Third Party Marks”) under a valid license or in accordance with applicable law. The intellectual rights to such Third Party Marks shall belong to their respective owners. You are not permitted to use TIL Marks or Third Party Marks. Unless otherwise indicated, TIL or its group companies owns all intellectual property rights to and into the trademark "CricPlay", and the App, including, without limitation, any and all rights, title and interest in and to copyright, trade mark, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- Third Party Sites, Services and Products
- App may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. TIL does not exercise control over any Internet sites apart from App and cannot be held responsible for any content residing in any third party Internet site. Inclusion of third-party content or links to third-party Internet sites in the App is not an endorsement by TIL of such third-party Internet site.
- Users' correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services of such third party. User agrees that TIL will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
- App contains content that is created by TIL and may content provided by third parties. TIL does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing, using CricPlay Services and while participating in any of the Contest hosted on App.
- You agree not to access (or attempt to access) the App or any of the services provided by the App by any means other than through the interfaces that are provided by TIL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or in any way reproduce or circumvent the navigational structure or presentation of the App, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.
- You shall not (and shall not permit any third party to) on or through the App, either (i) take any action or (b) host, display, upload, modify, publish, transmit, update or share any information, including without limitation any User Content which:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- 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 of any other nation;
- infringes any patent, trademark, copyright or other proprietary rights;
- contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- engage in any activity that interferes with or disrupts access to the App (or the servers and networks which are connected to the App);
- attempt to gain unauthorized access to any portion or feature of the App, any other systems or networks connected to the App, to any TIL’ server, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App, or any other customer of TIL, or exploit the App or information made available or offered by or through the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the App;
- disrupt or interfere with the security of, or otherwise cause harm to, the TIL App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked sites;
- use the App or Content for any purpose that is unlawful or prohibited, or to solicit the performance of any illegal activity or other activity which infringes the rights of TIL or other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any applicable laws or regulations for the time being in force within or outside India;
- You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use the offering/benefits provided through App. You may incur access or data fees from third parties in connection with your access and/or use of App. You are responsible for all such fees. You may need to install updates that TIL or any third party introduce from time to time to use the App, including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions.
- THE APP, CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY TIL IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TIL MAKES NO WARRANTY THAT (I) THE APP/CONTENT WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE CONTEST/APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE APP WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP/CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE APP/CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE APP/CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIL OR THROUGH THE CONTENT/APP OR FROM USE OF THE APP/CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIL AND ITS GROUP COMPANIES WILL HAVE NO LIABILITY RELATED TO THE APP /CONTENT /USER CONTENT AND / OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. TIL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF CONTEST/APP /ANY CONTENT AND / OR THIRD-PARTY CONTENT.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIL SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (1) FAILED, RETURNED OR MISDIRECTED NOTIFICATIONS BASED ON INACCURATE INFORMATION PROVIDED BY YOU THROUGH THE APP; (2) ENTRIES AND/OR RESPONSES MADE BY YOU USING THE APP OR FOR ANY LOSS OR DAMAGE TO YOU DUE TO ANY COMPUTER OR TECHNICAL ERROR OF ANY KIND; (3) ANY ELECTRONIC MISCOMMUNICATIONS, UTILITY OR COMMUNICATION FAILURES, TECHNICAL HARDWARE OR APP CRASH OR SOFTWARE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR FAILED INCOMPLETE, GARBLED OR DELAYED COMPUTER OR MOBILE OR TELECOMMUNICATION TRANSMISSIONS WHICH MAY LIMIT AN YOUR ABILITY TO USE THE APP AND/OR TO PARTICIPATE IN THE CONTEST MADE AVAILABLE THROUGH THE APP; (4) ANY TECHNICAL MALFUNCTIONS OF ANY MOBILE DEVICE, COMPUTER SYSTEMS OR NETWORK, TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER EQUIPMENT, SOFTWARE, PROGRAM MALFUNCTIONS OR OTHER FAILURES, DELAYED COMPUTER TRANSACTIONS OR NETWORK CONNECTIONS THAT ARE HUMAN, MECHANICAL OR TECHNICAL IN NATURE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANT'S OR ANY OTHER PERSON'S COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM DOWNLOADING THE APP OR OTHERWISE IN CONNECTION WITH THIS CONTEST.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TIL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF CONTENT/APP, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TIL DOES NOT WARRANT THAT ANY INFORMATION ON CONTEST/APP IS CORRECT. TIL NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. TIL SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE CONTENT/APP OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE CONTEST/APP, OR OTHERWISE ARISING OUT OF THE USE OF THE CONTENT/APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, TIL SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE CONTEST/APP FOR ANY REASON WHATSOEVER AND AT ANY TIME INCLUDING THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND TIL 'S CONTROL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA SUBMITTED OR OTHERWISE PROVIDED THROUGH THE CONTEST/APP IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR THE SAME. TIL ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES
- Governing Law and Dispute Resolution