Terms of Use – Dailycricket
Terms of Use
The Terms of Use governs the users of the usage of the
website, contents and the facilities offered through
www.dailycricket.com.bd
(the site or simply ‘site’). For the purpose of these Terms
of Use, wherever the context so require, or applicable,
“you" or "your" or "user" shall mean any natural or legal
person who are visiting the ‘site’, whether registered or
not.
Your access or use of the Site is subject to the terms and
conditions of use as set out here. Please note that by
accessing or using the Site you agree to be bound by the
Terms of Use and are a legally binding agreement between you
and us One Digital Bangladesh, the owner of the site.
USER REGISTRATION
You may use the Site without registration, however, to
participate in certain activities of the Site you may be
required to create an account or you can login through your
Facebook account or any other third party service account
permitted by the Site. In the event you wish to create an
account with us you may do so by completing the registration
process. You agree to a) provide true, accurate, correct and
complete information as prompted by the applicable
registration form b) maintain and update true, accurate,
correct and complete information provided by you during the
registration process. You may be required to choose a
password and user name. You are solely responsible for
maintaining the confidentiality of your password and
account.
If at any time Company believes that your account and
password is being misused in any manner, or that the
information provided by you during the registration process
is not true, inaccurate or incomplete, the Company reserves
the right to cancel your account and block your access to
the Site.
You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorized use of your account or any breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.
USE OF THE SITE
Your use of any information of the website, Content and the
facilities offered through
www.dailycricket.com.bd
. It shall be your own accountability to ensure that any
products, services or information available through this
website meet your specific requirements.
All materials provided on this site, including but not
limited to all information, materials, functions text,
logos, designs, graphics, images, sounds, software,
documents, products and services and the selection,
arrangement and display thereof, are the copyrighted works
of the Company/or its vendors or suppliers. All Materials
herein and all Company software are proprietary to Company
and protected by worldwide copyright and other intellectual
property laws. Except as stated herein, none of the
Materials may be modified, copied, reproduced, distributed,
republished, downloaded, displayed, sold, compiled, posted
or transmitted in any form or by any means, including but
not limited to, electronic, mechanical, photocopying,
recording or other means, without the prior express written
permission of the Company.
Company hereby grants you the right to access and use the
Site only for your personal and non-commercial use. You may
not use the Site for commercial purposes or in any way that
is unlawful, or harms us or any other person or entity, as
determined in our sole discretion.
When the Site provides for the download of particular Material including a software, you may download such Material or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Material including the software, in whole or in part, and (c) transfer any Material or software or any part thereof to any other computer of mobile device. Any commercial or business use of the Site or any Material including the Software is expressly prohibited.
Except as expressly provided above, nothing contained
herein shall be construed as conferring, by implication,
estoppels or otherwise, any license or right under any
patent, trademark or copyright of the Company.
You acknowledge and agree that nothing in these terms of use
shall have the effect of transferring the ownership of any
copyrights, trademarks, service marks, trade names or other
proprietary rights in the Site or Material or any part
thereof to you or any third party.
PROHIBITED USE
As a condition of your use of the Site, you will not use the
Site for any purpose that is unlawful or prohibited by these
Terms of Use or by any domestic or international laws,
statutes, ordinances and regulations. Your use of site is
your sole responsibility.
You shall not, display, upload, modify, publish,
transmit, update or share any information on the Site, that
-belongs to another person and to which you do not have any
right is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, slanderous, invasive of
another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner;
involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing or "spamming" or unsolicited
commercial advertisement; harm minors in any way; infringes
any patent, trademark, copyright or other proprietary
rights; violates any law for the time being in force;
deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly
offensive or menacing in nature; impersonate another person;
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer resource.
USE OF PUBLIC FORUM
Certain sections or pages of the Site contain a provision
(like: give your opinion) hereinafter referred to as
("Public Forum") for the users to post or upload comments,
feedback, data, links, videos, audios, graphics, images,
messages and other material. Through the Public Forum you
can communicate with other users of the Site.
You are entirely responsible for all the User Content
that you upload, post, email, transmit or otherwise make
available on the Public Forum. You understand that such User
Content can be viewed by other users of the Site and
therefore you shall exercise due care to ensure that such
User Content does not offend or abuse other users of the
Site. Company does not control the User Content posted on
the Public Forum and, as such, does not guarantee the
accuracy, integrity or quality of such User Content. You
understand that by using the Site, you may be exposed to
User Content that is offensive, indecent or objectionable.
Under no circumstances will Company be liable in any way for
any User Content, including, but not limited to, for any
errors or omissions in any User Content, or for any loss or
damage of any kind incurred as a result of the use of any
User Content posted, emailed, transmitted or otherwise made
available on the Site.
When you post or upload Your Content on the Site, you
grant Company (and its licensees, distributors, agents,
representatives and other authorized users), the rights a
perpetual, royalty-free, non-exclusive, and irrevocable
right and license to reproduce, prepare derivative works
based upon, distribute, perform or display such User
Content, in whole or in part, in any form, media or
technology known or hereafter developed.
User Content posted by you shall be subject to
relevant laws and may be disabled, or and may be subject to
investigation under appropriate laws. You agree that the
Company may disclose or preserve User Content if required to
do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) respond to claims that any
User Content violates the rights of third-parties; or (c)
protect the rights, property, or personal safety of the
Company and the public. Furthermore, if you are found to be
in non-compliance with the laws and regulations, these Terms
of Use, or the Privacy Policy of the Site, we may terminate
your account/block your access to the Site and we reserve
the right to remove any of User Content that is
non-compliant with these Terms of Use.
You agree that Company has no liability or responsibility
for the storage or deletion of any User Content and reserves
the right to change its general practices and limits at any
time in its sole discretion, with or without notice.
COPYRIGHT AND TRADEMARKS
Unless otherwise stated, copyright and all intellectual
property rights in all Materials on the Site trademarks and
logos appearing on this Site are the property of the Company
and are owned and controlled by us or by other parties that
have licensed their material to us. Materials on the Site
are solely for your personal, non-commercial use. You must
not copy, reproduce, republish, upload, post, transmit or
distribute such material in any way, including by e-mail or
other electronic means and whether directly or indirectly
and you must not assist any other person to do so. Without
the prior written consent of the owner, modification of the
Materials, use of the Materials on any other web site or
networked computer environment or use of the Materials for
any purpose other than personal, non-commercial use is a
violation of the copyrights, trademarks and other
proprietary rights, and is prohibited. Any use for which you
receive any remuneration, whether in money or otherwise, is
a commercial use for the purposes of this clause. You agree
not to use any framing techniques to enclose any trademark
or logo or other proprietary information of Company or
remove, conceal or obliterate any copyright or other
proprietary notice or any credit-line or date-line on other
mark or source identifier included on the Site, including
without limitation, the size, color, location or style of
all proprietary marks. Any infringement shall be vigorously
defended and pursued to the fullest extent permitted by law.
We respect other people's intellectual property rights and if you believe that any content or material on the Site infringes on your intellectual property rights you can write to us at [email protected]
DISCLAIMER
The Site, all the Materials, products and any services,
included on or otherwise made available to you through this
Site are gathered from a variety of sources and are intended
solely as general information and provided on "as is" and
"as available" basis without any representation or
warranties, express or implied except otherwise specified in
writing. They do not constitute advice and should not be
relied upon in making any decision. Any specific advice or
replies to queries in any part of the Site is/are the
personal opinion of such experts/consultants/persons and
does not constitute or indicate our endorsement,
representation or warranty of such information and are not
subscribed to by this Site. Without prejudice to the
forgoing paragraph, Company does not warrant that:
The Site will be constantly available, or available at all;
or the information on the Site is complete, legal, true,
accurate or non-misleading.
LINKS
Company may establish on the Site a hypertext link to a
third party website from time to time. Such link is provided
for information and convenience of the users and does not
state or imply any sponsorship or endorsement of third party
website by Company. Company has no control over such third
party website and your use of such third party website or
any offsite dealings with such third parties is at your own
risk.
USE OF GOOGLE ANALYTICS
The Site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
ADVERTISING MATERIAL
Some part of the Site may contain advertising information or
promotion material or other material submitted to Company by
third parties. Responsibility for ensuring that the material
submitted for inclusion on Site complies with applicable law
is exclusively on the party providing the
information/material. Your correspondence or business
dealings with, or participation in promotions of advertisers
or 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. Company will not be
responsible or liable for any claim, error, omission,
inaccuracy in advertising material or 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 Site.
Company reserves the right to omit, suspend or change the
position of any advertising material submitted for
insertion.
INTERNATIONAL USE
This Site is controlled and operated from its office based
in Dhaka, Bangladesh. The site may or may not available from
all locations locally or globally all the time. Those who
choose to access the Site from any locations do so at their
own risk and are responsible for compliance with applicable
laws.
LIMITATION OF LIABILITY
You agree that company shall not be liable for any direct, special, incidental, indirect or consequential damages any kind in connection with this agreement or your use of site, even if company has been informed in advance of the possibility of such damages.
INDEMNITY
You agree to indemnify, defend and hold Company, its
officers, directors, employees, affiliates or
representatives harmless from any claim or action (including
legal expenses) arising out of your use of the Site, your
breach of the Terms of Use and violation of any third party
intellectual property rights or privacy.
APPLICABLE LAW
This Agreement shall be governed by and interpreted and
construed in accordance with the laws of Bangladesh. The
place of jurisdiction shall be exclusively in Dhaka,
Bangladesh. Notwithstanding the foregoing, we reserve the
right to pursue any action or claim against you in any court
of competent jurisdiction which we believe is the most
appropriate to seek any relief.
ENTIRE AGREEMENT
The Terms of Use as amended from time to time, constitute
the entire agreement between you and Company. If any
provision of these Terms of use is considered unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of any remaining
provisions.
CHANGES OF TERMS OF USE
We reserve the right, to modify these Terms of Use at any
time. Any changes to Terms of Use will be posted on the Site
and your continued use of the Site following a posting of
changes is your agreement to the changes and you are bound
by the then-current version of these Terms of Use. If any
changes to these Terms of Use are unacceptable to you, you
must discontinue use of the Site. We reserve the right to
suspend or deny, in our sole discretion, your access to all
or any portion of the Site, including for any violation of
any provision of these Terms of Use. We also reserve the
right to change the Site without notice to you, at any time.
RELATIONSHIP
None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between you and Company and you shall have no authority to bind Company in any manner, whatsoever. If you are registering on the Site as a business entity, you represent that you have the authority to bind the entity to this Agreement.
TERMINATION
