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CricketerNews / LiveScore Terms of Service and Policy

CRICKETERNEWS / LIVESCORE PORTLETS TERMS OF SERVICE AND POLICY

By using graphics and code and any associated documentation (collectively, the “Portlet or Portlets”) that provide you the means to provide your end users with Cricket match scores and statictics by the CricketerNews / LiveScore Service (the “Service”) you agree to be bound by the following terms and conditions (these “Terms and Conditions”).

OVERVIEW
You may use the CricketerNews / LiveScore Portlets if you are an individual or an entity, provided that you abide by these Terms and Conditions at all times. You may not use the Portlets in any manner that either directly or indirectly violates any federal, state, or local laws applicable to you, any court, regulatory or other order or judgment against you, or the proprietary, contractual or laws, orders, judgments, and rights in the United States as well as in other countries. If you have questions regarding your contemplated use of the Portlets, please contact contact@CricketerNews.com.

INTELLECTUAL PROPERTY
You agree not to remove, obscure, or alter CricketerNews's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Portlets. You acknowledge that CricketerNews owns all right, title and interest in and to the Portlets and the CricketerNews and CricketerNews / LiveScore Service, including without limitation all intellectual property rights relating thereto (the “CricketerNews Rights”). The CricketerNews Rights include rights to the Portlets and all software associated with the Portlets developed and provided by CricketerNews. The CricketerNews Rights do not include third-party components used in connection with the Portlets or software developed by you in conjunction with using the Portlets. “CricketerNews”, the “CricketerNews” logo, and other marks that incorporate “CricketerNews” are trademarks of CricketerNews.

LIMITATIONS ON USE
Your right to display Portlets is limited only to your web site (the “Site”) and not in connection with any application such as a toolbar, plug-in, helper, and component or other executable code that runs on an end user's computer. You will be solely responsible for the development, operation, and maintenance of the Site and for all materials that appear on the Site. You understand that CricketerNews will provide Portlets on a nonexclusive basis, and that CricketerNews will continue to customize and provide its services to other parties for use in connection with a variety of applications, including Portlets. You may not remove, distort or alter any element of the Portlets (including the html, flash and JavaScript code) or otherwise change the size or appearance of the Portlets in any way.

You may not display Portlets in any manner that implies a partnership or affiliation with, sponsorship, or endorsement by CricketerNews, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of CricketerNews or CricketerNews personnel. Your Site will not, in any way, copy or resemble the look and feel of any part of the CricketerNews web site nor will you create the impression that the Site is our web site or is a part of our web site.

CricketerNews reserves the right in its sole discretion to terminate or modify your permission to display the Portlets at any time and to take action against any use that does not conform to these Terms and Conditions, infringes any CricketerNews intellectual property or other right, or violates applicable law.

APPROPRIATE CONDUCT
You will not, and will not allow any third party to: (a) edit, modify or change the user interface of the Portlets; (b) frame the Portlets; (c) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Portlets or any other CricketerNews technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (d) remove, deface, obscure, or alter CricketerNews's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Portlets or any other CricketerNews technology, software, materials and documentation; (e) create or attempt to create a substitute or similar service or product through use of or access to the CricketerNews / LiveScore Service or proprietary information related thereto; and/or (f) engage in any action or practice that reflects poorly on CricketerNews or otherwise disparages or devalues CricketerNews's reputation or goodwill.

BRANDING
For purposes of the Terms and Conditions, “Brand Names or Logos” will be defined as the trade names, trademarks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. CricketerNews hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license during the Term to display CricketerNews's Brand Names or Logos for the purpose of promoting or advertising that you use the CricketerNews Service. You hereby grant to CricketerNews a nontransferable, nonexclusive license during the Term to use your Brand Names or Logos to advertise that you are using the Portlets. Any use of the CricketerNews Brand Names or Logos is subject to the CricketerNews Brand Names or Logos guidelines. CricketerNews may modify the CricketerNews Brand Names or Logos or the CricketerNews Brand Names or Logos guidelines. Nothing in the Terms and Conditions will grant or will be deemed to grant to one party any right, title or interest in or to the other party's Brand Names or Logos. All use by you of CricketerNews's Brand Names or Logos (including any goodwill associated therewith) will inure to the benefit of CricketerNews. At no time during or after the Term will you challenge or assist others to challenge the Brand Names or Logos of CricketerNews(except to the extent such restriction is prohibited by law) or the registration thereof by CricketerNews, nor will you attempt to register any Brand Names or Logos (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of CricketerNews.

USER INFORMATION; CricketerNews POLICIES
CricketerNews will retain custody of all data and information collected or obtained by CricketerNews through the CricketerNews Service from users of Portlets in conformance with CricketerNews?s posted Terms of Service and Privacy Policy and, as the same may change from time to time (together, the “CricketerNews Policies”).

WARRANTY
CricketerNews disclaims any responsibility for any harm resulting from your use of the Portlets or the CricketerNews / LiveScore Service. The Portlets and CricketerNews / LiveScore Service are provided “as is,” with no warranties whatsoever. CricketerNews expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. CricketerNews further disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of the Portlets or the CricketerNews / LiveScore Service. You understand and agree that you use the Portlets and CricketerNews / LiveScore Service at your own discretion and risk and that you will be solely responsible for any damages to computer system or loss of data that results from the use of Portlets or CricketerNews / LiveScore Service.

LIMITATION OF LIABILITY
The Portlets and use of the CricketerNews / LiveScore Service are being provided free of charge. Accordingly, you agree that CricketerNews shall have no liability arising from or based on your use of the Portlets or CricketerNews / LiveScore Service. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if CricketerNews has been advised of the possibility of such damages. This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Portlets or CricketerNews / LiveScore Service, from inability to use the Portlets or CricketerNews / LiveScore Service, or from the interruption, suspension, or termination of the Portlets or CricketerNews / LiveScore Service (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

INDEMNIFICATION
You hereby agree to indemnify, defend and hold CricketerNews, and its officers, directors, agents, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by any Indemnified Parties in connection with any claim arising out of your use of the Portlets or CricketerNews / LiveScore Service or that would constitute a breach of any warranty, representation or covenant made by you under the Terms and Conditions, including but not limited to any third party lawsuit or proceeding brought against CricketerNews based upon a claim that the Site, the content on your Site or your Brand Names or Logos infringe any copyright, trade secret or trademark of the third party,. Your indemnification will include (1) all attorneys' fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by you. You will not enter into any settlement or compromise of any such claim without CricketerNews's prior consent. You shall cooperate as fully as reasonably required in the defense of any such claim. CricketerNews reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

PUBLICITY
So long as you comply with your obligations under these Terms and Conditions, you may indicate that your web site uses the Portlets, provided that your web site does not in CricketerNews's reasonable opinion (1) tarnish, infringe, or dilute CricketerNews's trademarks, (2) violate any applicable law, (3) infringe any third-party rights, or (4) otherwise subject CricketerNews to an undue risk of liability. If you wish to use the CricketerNews trademark and/or logo in any other manner, you must first obtain CricketerNews?s written consent.

MODIFICATION
CricketerNews may amend, modify or terminate these Terms and Conditions, either with respect to your use of the Portlets or generally for all users, at any time, with or without warning or cause. Any new features that augment or enhance the Portlets will be subject to the Terms and Conditions. If a modification is unacceptable to you, you may terminate the Terms and Conditions as applicable to you by removing the Portlets from your Site. If you continue to use the Portlets and/or the Portlets code on any Site, you will be deemed to have accepted the modifications.

TERM
The term of the Terms and Conditions will commence on the date upon which you add Portlets to your Site and will continue in force thereafter, unless terminated as provided in these Terms and Conditions.

TERMINATION
CricketerNews may change, suspend or discontinue all or any aspect of the Portlets, including their availability, at any time, and may terminate your use of the Portlets at any time. In addition, either party may terminate the Terms and Conditions at any time, for any reason, or for no reason including, but not limited to, if you engage in any action that reflects poorly on CricketerNews or otherwise disparage or devalue the CricketerNews Brand Names or Logos or CricketerNews?s reputation or goodwill.

EFFECT OF TERMINATION
Upon the termination of the Terms and Conditions for any reason (i) all license rights granted in these Terms and Conditions will terminate and (ii) you will immediately delete any and all CricketerNews Brand Names or Logos, Portlets and Portlet code from your Site. Neither party will be liable to the other party for damages of any sort resulting solely from terminating the Terms and Conditions in accordance with its terms.

ADVERTISEMENTS AND PROMOTIONS
You understand and agree that some or all of the Portlets may include advertisements and that these advertisements are necessary for CricketerNews / LiveScore to provide the Portlets. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Portlets, you agree that CricketerNews / LiveScore has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by CricketerNews / LiveScore on your Content and throughout the Portlets are subject to change at CricketerNews / LiveScore's discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Portlets, 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. You agree that CricketerNews / LiveScore 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 on the Portlets.

LINKS
The Portlets, or relevant third parties, may provide links to other web sites or resources. Because CricketerNews / LiveScore has no control over such sites and resources, you acknowledge and agree that CricketerNews / LiveScore is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CricketerNews / LiveScore shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

REMEDIES
You acknowledge that your breach of service/license restrictions contained in these Terms and Conditions may cause irreparable harm to CricketerNews, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which CricketerNews may be legally entitled, CricketerNews will have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents.

GENERAL PROVISIONS
You may not assign your rights or delegate your obligations under the Terms and Conditions without CricketerNews's prior written consent. The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions, together with the CricketerNews Policies, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by CricketerNews.

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