1. Your Acceptance
- A. By using or visiting the 1xCricket website or any 1xCricket products, software, data feeds, and services provided to you on, from, or through the 1xCricket website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (If you do not agree to any of these terms, please do not use the Service. The Service is provided by 1xCricket , LLC, which, along with its products and services, is referred to as “1xCricket ” in these Terms of Service.
- B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version URL). 1xCricket may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, contents, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of 1xCricket , including but not limited to all products, software and services offered via the 1xCricket website and Application.
- B. The Service may contain links to third party websites that are not owned or controlled by 1xCricket . 1xCricket has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, 1xCricket will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve 1xCricket from any and all liability arising from your use of any third-party website.
3. 1xCricket Accounts
- A. In order to access some features of the Service, you will have to create a 1xCricket Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 1xCricket immediately of any breach of security or unauthorized use of your account.
- B. Although 1xCricket will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of 1xCricket or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
1xCricket hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- A. You agree not to distribute in any medium any part of the Service or the Content without 1xCricket’s prior written authorization, unless 1xCricket makes available the means for such distribution through functionality offered by the Service.
- B. You agree not to alter or modify any part of the Service.
- C. You agree not to access Content through any technology or means other than the content playback pages of the Service itself, explicitly authorized means 1xCricket may designate.
- D. You agree not to use the Service for any of the following commercial uses unless you obtain 1xCricket’s prior written approval:
- ▪ the sale of access to the Service;
- ▪ the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- ▪ the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from 1xCricket appears on the same page and is of sufficient value to be the basis for such sales.
- E. Prohibited commercial uses do not include:
- ▪ uploading an original content to 1xCricket , or maintaining an original channel on 1xCricket , to promote your business or artistic enterprise;
- ▪ showing 1xCricket contents on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
- ▪ any use that 1xCricket expressly authorizes in writing.
- F. (For more information about what constitutes a prohibited commercial use, see our FAQ.
- G. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the 1xCricket servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, 1xCricket grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. 1xCricket reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- H. In your use of the Service, you will comply with all applicable laws.
- I. 1xCricket reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- A. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to 1xCricket, subject to copyright and other intellectual property rights under the law.
- B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by 1xCricket on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of 1xCricket or the respective licensors of the Content. 1xCricket and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that 1xCricket is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 1xCricket with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless 1xCricket, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
- A. As a 1xCricket account holder you may submit Content to the Service, including contents and user comments. You understand that 1xCricket does not guarantee any confidentiality with respect to any Content you submit.
- B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to 1xCricket all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to 1xCricket , you hereby grant 1xCricket a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and 1xCricket (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in content Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your contents from the Service. You understand and agree, however, that 1xCricket may retain, but not display, distribute, or perform, server copies of your contents that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant 1xCricket all of the license rights granted herein.
- E. You further agree that you will not submit to the Service any Content or other material that is contrary to the 1xCricket Community Guidelines.
- F. 1xCricket does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and 1xCricket expressly disclaims any and all liability in connection with Content. 1xCricket does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and 1xCricket will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. 1xCricket reserves the right to remove Content without prior notice.
- A. 1xCricket will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- B. 1xCricket reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. 1xCricket may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
- C. 1xCricket operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.
- D. As part of 1xCricket’s copyright policy, 1xCricket will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.