EFFECTIVE DATE: September 25, 2014; Updated: June 22, 2015
In order to make this agreement more readable, we have tried to write it in plain English and to be relatively informal. To avoid any possibility of confusions, when you see references to “we” or “us” or “our”, all of those references are to Cricket (collectively with its agents, consultants, employees, officers and directors); when you see a reference to “you” or “your”, we are referring to you, the User of one of our websites, products or services.
I.THIS IS A CONTRACT.
Use of the Services is a privilege and not a right.
II.USE OF THE WEBSITE BY CHILDREN REQUIRES PARENT/GUARDIAN CONSENT.
We encourage parents and, as applicable, teachers to spend time online with children and to appropriately monitor their online activities. Please protect your child’s privacy by instructing them to never provide personal information on this site or any other, or within any software registration process, without your permission.
IV. USERS MUST REGISTER AND PROVIDE ACCURATE INFORMATION.
To use certain of the Services, you must first sign up for an account (“Account”), and select a password and user name (“User ID”). You promise that the registration information you provide will be accurate, complete, and up-to-date, and you understand that failure to do so may result in suspension of your Account. You can’t select for your User ID a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person. In certain situations such as with ePals, your User ID may be selected for you by your school or district; the same rules apply to them when they select a User ID for you. You may not transfer your Account to anyone else without our prior written permission and you are responsible for maintaining the confidentiality of your Account registrations, including in connection with your establishing, at your option, an account for Product purchases at shop.cricketmedia.com.
V.YOUR USE MUST BE PERSONAL AND NON-COMMERCIAL AND COMPLY WITH OUR ACCEPTABLE USE POLICY:
You promise to only use the Services for your personal, non-commercial, educational use; not for purposes of solicitation; and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Cricket immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
As already mentioned, your use of the Services is subject to our Acceptable Use Policy, which outlines what you can and can’t do with and on the Services. You should therefore read the Acceptable Use Policy carefully. A violation of the Acceptable Use Policy will be grounds for termination of your right to use or access the Services. The Acceptable Use Policy can’t cover every possible eventuality. It is, accordingly, your responsibility to exercise good judgment and be a good digital citizen at all times.
VI. CERTAIN CONTENT AND ACTIVITIES ARE PROHIBITED:
“Content” refers to all information, data, text, software, music, sound, photographs, graphics, illustrations, animations, video, messages, tags, logos, written posts, replies and comments, or other materials or forms of creative expression – whether publicly posted or privately transmitted – provided by us and our licensors and displayed on the Sites. As contextually appropriate, the term “Content” also includes tools, software, scripts and executable files.
Users of the Services may be subject to international, federal, state and local laws, including but not limited to laws regulating the privacy and security of personal information (collectively, “Laws”). As a User, you are solely responsible complying with all applicable Laws in your use of the Services. In addition, with respect to your use of the Services, you agree that you comply with the Acceptable Use Policy.
Except as otherwise required by law, Crickets takes no responsibility for, and make no representations or warranties concerning, the privacy, confidentiality, or security or the accuracy of any information entered by, disclosed by, or transmitted to third parties through the Services by Users.
VII. THERE ARE RULES GOVERNING USE OF CONTENT
All copyright and other intellectual property rights in the Content on the Services are owned by Cricket or its licensors, unless otherwise indicated. All Content on the Services is protected by copyright, trademark, patent, trade secret and other laws. Cricket owns and retains all rights in such Content. Cricket grants you a limited, revocable, non-sublicensable license to view or download a single copy of our Content (excluding any software code) solely for your personal, noncommercial use if you include this copyright notice: “Copyright Cricket Media, Inc. All Rights Reserved,” as well as any and all other copyright and proprietary rights notices contained in the material. Otherwise, none of our Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed (unless otherwise separately licensed to you by Cricket and in accordance with such terms of license).
Ownership of Copyrights, Trademarks, Patents and Trade Secrets:
Our Content is protected under U.S. and foreign copyright, trademark, patent and/or trade secret laws, with title to such Content held by Cricket Media, Inc., its affiliates, and/or its licensors. The look and feel of our color combinations, button shapes, and other graphical elements on the Sites are our trademarks. The names of and logos associated with our Services are owned by Cricket Media, Inc. and are protected by U.S. and foreign trademark laws.
The Services also contain content owned by other copyright and trademark holders. Except for content created solely by you (“User Content”), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content that appears on, or is accessible through, the Services.
You shall be solely responsible for any User Content, including photographs contained therein, you submit and the consequences of posting or publishing such User Content. With respect to any User Content you submit, you affirm, represent and warrant that:
ii. you have the written consent, release and/or permission of each identifiable individual person identified in such User Content to use the name, likeness or other personal characteristics of each such identifiable individual.
Any unauthorized use, modification or copying of our Content, or Content that constitutes the intellectual property of others, is a breach of this Agreement. The use of any such Content on any other website or networked computer environment is expressly prohibited.
We do not claim ownership of any User Content you post; however, by posting or transmitting such User Content, you grant us, our affiliates, our successors, and others with whom we have agreements, a non-exclusive, perpetual, transferable, royalty-free, sublicensable, transferable, worldwide license and right to use, copy, host, store, cache, display (publicly and otherwise), perform, modify, distribute, adapt (including without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), aggregate, transmit, translate, reformat, create compilations and collective works, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet or any other uses or media). If you provide Cricket any feedback or suggestions regarding the Sites (“Feedback”), you assign to Cricket all rights in the Feedback and agree that Cricket shall have the right to use such Feedback and related information in any manner it deems appropriate. Cricket will treat any Feedback you provide to Cricket as non-confidential and non-proprietary.
Note also that this license to your User Content continues even if you stop using the Services, primarily because of the social nature of content shared through the Services – when you post something publicly, others may choose to comment on it, making your User Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others.
Any and all intellectual property rights that are not expressly granted hereunder are reserved to Cricket and its licensors.
Intellectual Property on Other Web Sites:
Cricket’ retains the right, in its sole discretion, to disable and/or terminate the Accounts of Users who infringe (or, in Cricket’s’ discretion, who repeatedly infringe) Cricket’s or others’ copyrights or other intellectual property rights.
IX. PERSONAL INFORMATION, USER CONTENT AND CONFIDENTIALITY
Cricket offers educational or literacy programs such as In2Books® (In2Books and ePals collectively, are examples of a “Program”), which helps kids become better readers and thinkers in part through correspondence with adult pen pal mentors. If you register for any of those programs, you may be exposed to private and/or Confidential Information — such as the thoughts and writings between students and pen pals. You agree that you shall not — during the course of your participation in any Cricket Program or at any time thereafter — use, disclose or otherwise make available to any third party any Confidential Information, except as permitted below. For purposes of this Agreement, “Confidential Information” means: (i) all personal information of another participant in a Cricket Program (including but not limited to students, other students, teachers, and other pen pals) and the contents of communications between Users to which you were not a party; and (ii) any and all oral, written, electronic and/or tangible technical, financial, business and/or other information disclosed to you by Cricket, a licensee of Cricket (or a person under the direction of one of the foregoing) or learned by you from participating in the Program that is confidential, proprietary and/or not generally available outside of our company.
You may only disclose Confidential Information in the following circumstances: (1) when required by a judicial order or decree or governmental law or regulation, but only after you have notified us reasonably in advance of such disclosure so that Cricket can assert its interests; or (2) the information becomes generally available publicly without restriction and without breach of confidentiality obligations owed to Cricket.
THERE ARE RULES REGARDING WHEN AND HOW YOU MAY LINK TO THIS WEB SITE.
You may include a link to a Cricket Site on another Web site so long as the link does not portray Cricket in a false or misleading manner and does not appear on a Web site that is offensive, obscene or otherwise objectionable.
XI. WE ARE NOT RESPONSIBLE FOR CONTENT ON THIRD PARTY WEBSITES OR DEALINGS YOU MAY HAVE WITH ADVERTISERS.
Our Sites may include links to third party websites. We do not publish or control those sites. It is possible that some of these sites may, from time to time, contain materials that are objectionable, unlawful, or inaccurate. Cricket does not endorse, and is not responsible or liable, for any content, advertising, products, services or other materials on or available from such sites. You acknowledge and agree that we are not responsible for any content or other materials, or the privacy policies and practices of third party websites. By using the Services or ordering Products, you expressly waive any rights, claims or liability against Cricket from your use of any third-party website.
Similarly, any dealings that you have with any third-party advertisers found on or through the Services are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against such advertiser.
XIII. THIS AGREEMENT ALSO CONTAINS WARRANTY DISCLAIMER, RELEASE OF LIABILITY, LIMITION OF LIABILITY, INDEMNIFICATION, CHOICE OF LAW, DISPUTE RESOLUTION, SEVERABILITY AND INTEGRATION CLAUSES.
The following provisions further explain your rights and ours. Among other things, these provisions specify what rules and procedures would apply (and help determine the outcome) in the event that there were some dispute between you and Cricket:
1. WARRANTY DISCLAIMER
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES (AND, OF COURSE, ALL CONTENT THEREIN) AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. CRICKET ASSUMES NO LIABILITY FOR OR RELATING TO ANY DELAYS, FAILURES, INTERRUPTIONS, OR CORRUPTION OF ANY DATA OR OTHER MATERIAL OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES OR ORDERING PRODUCTS. CRICKET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITES OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
CRICKET MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL: (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, OR (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
2. RELEASE FROM LIABILITY
You release Cricket and all of its(and its parent’s) directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, partners, distributors, affiliates, and licensors from any and all liability related to: (i) disputes with other Users; (ii) third party sites and services and (iii) claims related to the unauthorized access to any data communications or content stored under or relating to your Account(s), including unauthorized use or alteration of such communications or such content or your User Content.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
3. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CRICKET OR ANY OF ITS (AND ITS PARENT’S) DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PARTNERS, DISTRIBUTORS, AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR USE OR ATTEMPTED USE OF THE SERVICES OR PROUCTS. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED (IN THOSE JURISDICTIONS) TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents, from all third party liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Sites; your violation of this Agreement; (or your violation of applicable laws or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in such defense and any settlement.
5. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
6. DISPUTE RESOLUTION
Any disputes and/or claims that you assert (or that is asserted on your behalf) under this Agreement and/or related to the use of the Services shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association which shall govern such arbitration and be conducted before a single arbitrator in Fairfax County, Virginia. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private Attorney General capacity. Each party shall bear its own costs, including any attorneys’ fees, associated with such arbitration. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition to any other remedies, we shall also have the right to seek injunctive relief outside of arbitration to protect our intellectual property rights.
7. SEVERABILITY AND INTEGRATION
Cricket may assign its rights under this Agreement without condition. You may not. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
XIV. THANK YOU FOR USING OUR SITES.
This section does not have any legal or contractual significance as part of our Agreement, but we do want to thank you for using our Sites. If you have any questions or concerns, please email email@example.com or send a letter to:
Cricket Media, Inc.,
Attn: Customer Support,
13625-A Dullles Technology Drive,
Herndon, VA 20171