IMPORTANT! THESE “TERMS AND CONDITIONS”
GOVERN THE USE OF THE Mumbai Cricket Association WEBHOSTING AND WEB
DEVELOPMENT WEB SITE (THE "WEB SITE") BY YOU AND YOUR EMPLOYEES
AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB
SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED IN
THESE TERMS AND CONDITIONS. Mumbai Cricket Association WEBHOSTING AND
WEB DEVELOPMENT (THE "MCA") RESERVES THE RIGHT TO CHANGE
THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR
USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB
SITE CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES. PLEASE
CONSULT THESE TERMS AND CONDITIONS REGULARLY.
1.Scope. These Terms and Conditions govern Your use of the Web site. These Terms and
Conditions, however, do not apply to the MCA’s products or services, which are the subject
of separate agreements.
2. Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the
Web site solely for Your informational use in evaluating the MCA and its products and
services. You shall not use the Web site for any other purpose without the MCA express
prior written consent, including, without limitation, any commercial purpose. For example, You
shall not and shall not authorize any other person or entity ("Person") to (i) frame the Web site
or any portion thereof (whereby the Web site or a portion thereof will appear on a users screen
with a portion of another Web site, or with content or advertising of any Person without the
MCA’s consent), or (ii) Co-brand the Web site or any portion thereof. "Co-branding" means
the display of a name, logo, trademark, or other means of attribution or identification of any
Person in such a manner reasonably likely to give a user of the Web site the impression that
such the Person is associated or affiliated with the MCA, or has the right to display,
publish, transmit or distribute the Web site or content accessible within the Web site. In
addition, You may not and may not authorize any Person to link to any part of the Web site
without the MCA’s prior written consent. You agree to cooperate with the MCA in
causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease.
You may not take any action that violates our Acceptable Use Policy.
3. Proprietary Information. You acknowledge and agree that as between the MCA and
You, the MCA is the owner of all right, title and interest in the Web site and all content
accessible within the Web site (the "Content"), including, without limitation, all trademarks,
service marks, trade names, patent rights, copyrights, and other intellectual property or
proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute
sublicense or otherwise transfer or make available to others, or edit, modify or create any
derivative works of all or any part of the Web site or the Content, without the express
written consent of the MCA, other than limited printed copies of materials that you
may need for Your own use and that contains all of the MCA ‘s copyright and other notices.
4. Disclaimer. You will have access to a variety of third-party sources of content through the
use of the Web site and the Internet. The MCA has made no effort to verify the
accuracy or suitability of any information contained in any such sources, including, without
limitation, any other Web site that you can link to from the Web site. Accordingly,
the MCA has no liability or responsibility whatsoever for any content provided by any
other Person contained on or obtained through the Web site. You acknowledge and agree that
any access, use or reliance on any such third party content is at Your own risk. You
understand that, except for information, products or services clearly identified as being
supplied by the MCA, the MCA does not operate, control or endorse any information,
products or services of any other Person on the Web site or the Internet in any way. You
also understand and agree that the MCA does not guarantee or warrant that files available
for downloading from the Web site or through the Internet will be free of infection or
viruses, worms, Trojan horses or other malicious code that may adversely effect You, Your
computer or computer systems, or Your data or files. In addition, You are responsible for
implementing sufficient procedures and checkpoints to satisfy Your particular requirements
for accuracy of data input and output, and for maintaining a means external to the Web site
for the reconstruction of any lost data. ACCESS TO AND YOUR USE OF THE WEB SITE
AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE MCA MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY
WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT
CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING,
USAGE OR TRADE PRACTICES, AND THE MCA HEREBY DISCLAIMS THE
SAME.
5. Privacy Policy. The MCA collects, stores and uses data collected from You in
accordance with the MCA’s Privacy Policy.
6. Limitation on Liability. THE MCA, ITS LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND
TRUSTEES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN
AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF
SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE
MCA AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND TRUSTEES TO
YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL
THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT
LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE
MCA TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND
CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
7. Indemnity. You will indemnify and hold the MCA, its licensors, content providers,
service providers, employees, agents, officers, trustees and contractors
(the "Indemnified Parties") harmless from Your breach of any of these Terms And
Conditions or any other terms, conditions, policies or procedures contained on the Web site,
including, without limitation, any use of Content other than as expressly authorized in these
Terms and Conditions. You agree that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use, and You agree to indemnify and
hold harmless the Indemnified Parties from any and all resulting loss, amages,
judgments, awards, costs, expenses, and attorneys fees in connection therewith.
You will also indemnify and hold the Indemnified Parties harmless from and against any
claims brought by third parties arising out of Your use of the information accessed from the
Web site.
8. Trademarks. Mumbai Cricket Association is a registered trademark,
marks appearing on the Web site are either registered or unregistered trademarks of the
MCA. Other trademarks, service marks and logos appearing in this Web site are the
property of either the MCA, its content providers or other third parties. The MCA,
its content providers and such third parties retain all rights with respect to any of their
respective trademarks, service marks or logos.
9. Miscellaneous.
a. Headings, The headings of sections of these Terms and Conditions are for ease of
reference only and shall not be admissible in any action to alter, modify or interpret
the contents of any section hereof.
b. Governing Law and Jurisdiction, The validity and effect of these Terms and
Conditions shall be governed by and construed and enforced in accordance with
the laws of the State of Maharashtra, India , without regard to its conflicts of laws principles.
The parties expressly disclaim application of the United Nations Convention on
Contracts for the International Sale of Goods. ANY SUIT, ACTION OR
PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS
AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR
PROCEDURE OF THE MCA REGARDING USE OF THE Web site, MUST
BE BROUGHT IN A STATE LOCATED IN, AND YOU HEREBY IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE
COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING;
AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR
HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT,
ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT,
ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT
HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
c. Entire Agreement; Amendments. These Terms and Conditions, together with the
Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations
and agreements between the parties with respect to the subject matter hereof, and these Terms
and Conditions, together with the Acceptable Use Policy and the Privacy Policy,
constitute the sole and entire agreement between the parties with respect to the matters
covered hereby. d. Severability. The provisions of these Terms and Conditions may be exercised and are
applicable and binding only to the extent that they do not violate any applicable laws
and are intended to be limited to the extent necessary so that they will not render these
Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any
provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by
a court of competent jurisdiction, the remaining provisions or portions thereof shall apply
with respect to the subject matter hereof, and all such remaining provisions or portions
thereof shall remain in full force and effect. e. Waiver. No failure or delay on the part of the MCA to exercise any right or remedy
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any
right or remedy by the MCA preclude any other or further exercise thereof or the
exercise of any other right or remedy. No express waiver or assent by the MCA to any
breach of or default in any of these Terms and Conditions shall constitute a waiver of or an
assent to any succeeding breach of or default in the same or any other term or condition
hereof.