PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website (the “website”) is provided by Frisco Crickets, NP (“FriscoCricket.com”, “FC”, “us” or “we”) subject to the following terms (this “Agreement”):
By using this website you represent and warrant that you are a resident of the U.S., that you are a legal adult, that you meet all other eligibility and residency requirements, and that you are fully able and legally compentant to enter into the terms, conditions, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with these terms and conditions.
In accessing this website or certain of the resources on the website, you may be asked to provide registration details including a valid e-mail address, date of birth and your full name. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If Frisco Cricket believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.
4. COPYRIGHTS AND TRADEMARKS:
This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the characters, logos or other images incorporated by Frisco Cricket on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Frisco Cricket. All other trademarks are the property of their respective owners. Use of the trademarks of Frisco Cricket or any other party is not authorized in any manner other than is incorporated in this website.
5. INFRINGEMENT NOTICE:
If you believe that any content appearing on this website has been copied in a way that constitutes copyright infringement under the laws of the U.S. please forward the following information to the Copyright Agent named below
a) Your name, address, telephone number, and email address;
b) A description of the copyrighted work that you claim has been infringed;
c) The exact URL or a description of where the alleged infringing material is located;
d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
Frisco Cricket, NP
Address to be publish
Frisco, TX 75034
Attn: Legal Department
Please note that while Frisco Cricket seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that Frisco Cricket is a service provider as defined in 17 usc section 512c or elsewhere in the law.
6. RESTRICTIONS ON USE OF MATERIALS:
(a) You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by Frisco Cricket in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
(b) Frisco Cricket respects the intellectual property rights of others and asks users of this website to do the same.
7. DISCLAIMER OF WARRANTIES:
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRISCO CRICKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRISCO CRICKET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FRISCO CRICKET’S WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRISCO CRICKET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THIS WEBSITE OR ANY SITES LINKED TO THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FRISCO CRICKET MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND FRISCO CRICKET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. LIMITATION OF LIABILITY:
FRISCO CRICKET DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF FRISCO CRICKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT FRISCO CRICKET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9. SUBMISSIONS AND POSTINGS:
(a) Frisco Cricket does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by Frisco Cricket staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send Frisco Cricket any unsolicited submissions.
(b) From time to time, areas on this website may expressly request submissions of concepts, creative ideas, suggestions, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern the Invited Submissions (“Additional Terms”), since they will affect your legal rights. If no Additional Terms govern the Invited Submissions, then this Agreement will apply in full to any Invited Submissions you make. Please also be aware that any Invited Submissions you may make will not be acknowledged and does not create a fiduciary or other special relationship between you and Frisco Cricket, or any of its affiliates or any of its licensees, successors or assigns or place Frisco Cricket or any of its affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public. You acknowledge and agree that neither Frisco Cricket nor any of its licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Invited Submissions, and that Frisco Cricket and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any Invited Submissions.
(c) To the extent that use of the website provides you or other users an opportunity to post and exchange information, content, ideas and opinions (Postings), be advised that Frisco Cricket does not screen, edit, or review Postings prior to their appearance on the website or elsewhere, and Postings do not necessarily reflect the views of Frisco Cricket. To the fullest extent permitted by applicable laws, Frisco Cricket excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the website or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties
(d) In any event, no material you send to us will be treated as confidential.
10. RULES OF CONDUCT:
(a) Please act responsibly when using this website. You may only use this website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Frisco Cricket) or privately transmitted on or through this website are the sole responsibility of the sender, not Frisco Cricket, and that you are responsible for all material you upload, post or otherwise transmit to or through this website
(b) Frisco Cricket requires that you do not submit any Invited Submissions or Postings or otherwise make available on this website any content, or act in a way, which in our opinion:
(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(ii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iii) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(iv) violates any law or may be considered to violate any law;
(v) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(vi) advocates or promotes illegal activity;
(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(viii) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this website;
(ix) solicits funds, advertisers or sponsors;
(x) includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website;
(xii) copies any other pages or images on this website except with appropriate authority;
(xiii) includes MP3 format files
(xiv) amounts to a “pyramid” or similar scheme;
(xv) amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(xvi) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or
(xvii) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvi) above.
(c) In addition, unless otherwise permitted by Frisco Cricket, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by Frisco Cricket anywhere on this website (e.g., on any web space made available for your use).
11. USE OF SUBMITTED CONTENT:
(a) Frisco Cricket will consider anything you provide to Frisco Cricket and/or contribute to this website as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by additional terms appearing elsewhere on this website (see “Submissions and Postings” above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
(b) Subject to the provisions of any additional terms, by posting or uploading any content to this website and/or providing any communication or material to Frisco Cricket (“User Content”), you automatically and irrevocably:
(i) grant and assign to Frisco Cricket any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Frisco Cricket and/or by any person authorized by Frisco Cricket, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(iii) appoint Frisco Cricket as your agent with full power to enter into any document and/or do any act Frisco Cricket may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement; and
(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Frisco Cricket shall not be liable for any use or disclosure of such User Content.
12. MODERATION/MONITORING: Frisco Cricket shall have the right, but not the obligation, to monitor any Invited Submissions, Postings or other material on FriscoCricket.com. Frisco Cricket shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to FriscoCricket.com Without limiting the foregoing, Frisco Cricket shall have the right to remove any material that Frisco Cricket, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.
13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION: You may deactivate your registration on the website, at any time and for any reason, by sending an email request to firstname.lastname@example.org. We may terminate your use of and registration on the website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
14. HYPERLINKS TO AND FROM THIRD PARTY SITES:
(a) This website may link you to other sites on the “Internet”. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Frisco Cricket, and you acknowledge that (whether or not such sites are affiliated in any way with Frisco Cricket) Frisco Cricket is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Frisco Cricket or any association with its operators.
(b) Frisco Cricket cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or ftom Frisco Cricket since other shop channels are owned and operated by independent retailers. Frisco Cricket does not endorse any of the merchandise, nor has Frisco Cricket taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Frisco Cricket does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
(c) Any area of this website that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
15. SYSTEM ABUSE:
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this website.
(b) You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited.
16. INVESTIGATIONS: Frisco Cricket reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any Invited Submission, Posting or e-mails you make or send to the website. Frisco Cricket may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. Frisco Cricket may suspend any users whose conduct or postings are under investigation and may remove such materials from its servers as it deems appropriate and without notice. If Frisco Cricket believes, in its sole descretion, that a violation of the terms of this Agreement has occurred, it may edit or modify any Invited Submission, Posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Frisco Cricket may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request. ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FRISCO CRICKET FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FRISCO CRICKET DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FRISCO CRICKET OR LAW ENFORCEMENT AUTHORITIES.
17. LOCAL REGULATIONS: This website is intended for viewing solely in the United States. Frisco Cricket makes no representation that materials or other content in the website are appropriate or available for use outside the U.S. If you choose to access the website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
18. INDEMNITY: You agree to indemnify and hold harmless Frisco Cricket, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the website’s servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
19. APPLICABLE LAW AND JURISDICTIONAL MATTERS: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as they are applied to agreements entered into and to be performed entirely within Texas. Any action you, any third party or Frisco Cricket may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in Austin, Texas, and you expressly consent to the jurisdiction of said courts.
20. SEVERABILITY: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
IF YOU DO NOT WISH TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THIS WEBSITE.