1.3 Cricket Australia reserves the right to suspend, terminate or otherwise deal with your Licence in relation to the Application and its content at any time.
1.5 You must not use the Application for the following:
- to impersonate any person or entity;
- in a manner that, in CA’s sole discretion, restricts or inhibits any other user from using or enjoying the Application;
- to solicit login information or access an account belonging to someone else;
- to bully, intimidate, or harass any user; and
1.6 You must not:
- reverse engineer, decompile, or disassemble the Application;
- reproduce, modify, enhance, translate, alter, tamper with, upgrade or create derivative works of the whole or any part of the Application or combine, integrate or incorporate the whole or any part of the Application in any other software or system;
- remove, alter, obscure or deface any:
- patent, copyright, trademark, or proprietary rights notices of Cricket Australia or its licensors;
- trade mark, service mark, get up, livery, logo or branding, proprietary or restricted use legend; or
- disclaimer, warning, instruction or advisory notice,
which are contained in or affixed to the Application; or
- do anything that would prejudice Cricket Australia’s right, title or interest in the Application.
1.7 You must not:
1.8 You must not disrupt or try to disrupt the Application or use the Application to distribute software viruses or other harmful programs, including by uploading, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
1.9 You must not infringe any applicable laws, regulations or Cricket Australia policies when accessing the Application.
1.11 If Cricket Australia takes any action to suspend or terminate your access to the Application pursuant to clause 1.13, you agree that you will not create another Account without Cricket Australia’s permission, or take any other action to circumvent Cricket Australia’s suspension or termination of access.
1.12 You acknowledge that Cricket Australia has absolute editorial control over the Application and all contain contained within it at all times. Cricket Australia reserves its right to modify, suspend or discontinue all or any part of the Application without giving you any notice.
2. Using the Application
User Generated Content
2.2 In relation to any content or materials you publish, distribute, transmit or disseminate on or upload to the Application (User Generated Content), you agree that such User Generated Content:
- will not be unlawful, obscene, defamatory, indecent, offensive, inappropriate or racially, ethnically or otherwise objectionable (including without limitation by containing hate speech, threatening content, pornographic content or content that incites violence or contains nudity or graphic or gratuitous violence) (as determined by Cricket Australia acting in its discretion);
- will not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- will not contain anyone's identification documents or sensitive financial information; and
- will not promote any unsolicited or unauthorised advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming (with the exception of Administrators posting promotions on behalf of club sponsors or commercial partners).
2.3 By posting or submitting User Generated Content to the Application, you represent and warrant that:
- you own all the rights to the User Generated Content or are authorised to use and distribute the content via the Application; and
- the User Generated Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation. If you repeatedly infringe a third party's intellectual property rights, we will disable your account when appropriate.
3.2 Cricket Australia may collect device-specific information when you install, access, or use the Application. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information, and device identifiers. We collect device location information if you use our location features on the Application.
4. Access to the Application
4.1 To obtain access to the Application, you will either:
- enter as a guest, which will limit your access to some functionality of the Application; or
- be required to create an account through the Application (Account).
4.3 You agree not to share, transfer, lease, assign or sub-license your Account without Cricket Australia’s prior written consent.
4.4 You agree to:
- provide current, complete, true and accurate information in relation to the Account;
- maintain and update your information as required to keep it current, complete and accurate; and
- provide additional information about yourself as may be requested by Cricket Australia from time to time.
4.6 You acknowledge and agree that:
- that you shall be solely liable and responsible for all activities that occur under your Password; and
- that Cricket Australia shall not be responsible for your failure to comply with this clause or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than Cricket Australia.
5. Intellectual Property
5.2 All Intellectual Property Rights, including adaptations, translations and derivative works in the Application (excluding the User Generated Content) are the exclusive property of Cricket Australia (or its licensors, if applicable), and vest in or are transferred to Cricket Australia immediately upon creation, as the case may be.
5.3 All Intellectual Property Rights in the content, software and systems owned by or licensed to Cricket Australia in respect of the Application, including video, audio, images, text, logos, names, designs, trademarks and copyright are reserved to Cricket Australia and any of its third party licensors (as applicable).
5.4 The Application includes several registered and unregistered trade marks owned by Cricket Australia, including without limitation “Cricket Australia” and “Cricket Blast” and each of their associated logos, and all rights in respect of these trade marks are reserved. You may not use any of Cricket Australia’s intellectual property without the prior written consent of Cricket Australia.
5.5 Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Application is strictly prohibited without Cricket Australia's prior written consent. Systematic retrieval of data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Cricket Australia is prohibited.
6.1 Cricket Australia does not promise that you will have uninterrupted or error-free access to and use of the Application or that the content of the Application is accurate, complete, or suitable for a particular purpose.
6.4 Where Cricket Australia’s liability cannot be lawfully excluded, it is limited at the option of Cricket Australia, to:
- the resupplying of access to and use of the Application; or
- the payment of the cost of having access to and use of the Application supplied again.
8. Advertising and Links to Websites
8.1 The Application may contain links to third party sites (Linked Sites). Linked Sites are not under Cricket Australia’s control and Cricket Australia is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). Cricket Australia provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by Cricket Australia or by its Personnel. You link to any Linked Site or Subsequent Site entirely at your own risk.
9.3 If Cricket Australia elects not to exercise or enforce any right that it has against you at a particular time, this does not prevent Cricket Australia from later seeking to exercise or enforce that right.
10.1 Application means the PlayHQ website, and the PlayHQ App, hosted on behalf of Cricket Australia through which Cricket Blast details and statistics, scores, fixtures and results are accessible.
10.2 Consequential Loss means indirect, economic, special or consequential loss or damage, including loss of revenue, time, goodwill, data, anticipated savings, opportunity, loss of production, and loss of profit.
10.3 Intellectual Property Rights includes all intellectual property rights whether registered or unregistered including:
- copyright, patent, trademark, design, registered design, trademarks, trade or other protected rights, or related rights, existing worldwide; and
- any licence, consent, application or right, to use or grant the use of, or apply for the registration of, any of the rights referred to in (a),
10.4 Personnel means directors, officers, employees, agents and contractors.