Cricket Nirvana – Live and VoD service terms and conditions The Service
1. Cricket Nirvana is a geographically-focused live and video-on-demand ("VoD") cricket portal service providing registered users with access over the internet to cricket matches for a fee (in addition to exclusive features, audio and text interviews, live score updates, news, statistics, community forums and blogs) (the "Service").
2. Cricket Nirvana is a product owned by Nimbus Communications Limited (hereinafter "Nimbus"). The Service is accessible only via the official website located at www.cricketnirvana.com (the "Portal").
Acceptance of Terms and Conditions
3. Your use of the Service is subject to the website terms and conditions of use which can be found at (the "General Terms") (and which are deemed to be incorporated into the terms and conditions set out here) and also to the specific terms and conditions of the Service (the "Specific Terms") set out on this page (together, the "Terms"). In case of discrepancies between the General Terms and these Specific Terms, the provisions of these Specific Terms shall prevail.
4. Please note that Nimbus may add to, change or remove any part of the Terms, the Service and/or the Content (as defined in clause 24 below) at any time, without notice to you. Any changes to the Terms or any terms shown on the Portal apply as soon as they are accessible on the Internet. By continuing to use the Portal, and/or by using the Service, after any of the above changes are put in place and accessible, you accept any of these changes. These Terms were last updated on 25 March 2008. You can review the most current version of the Terms at any time at www.cricketnirvana.com.
5. You hereby acknowledge, understand and agree that if you do not agree with any part of the Terms or any other terms expressly specified by Nimbus in connection with a transaction (such as pricing), you shall not use the Service and should exit the Portal immediately. You further acknowledge and agree that any use of the Service by you shall constitute your acceptance of the Terms. If you violate any of the Terms, your permission to access and view the Service automatically terminates. As further set out later in these Specific Terms, Nimbus reserves its right to restrict, suspend or terminate your use of the Service or any part thereof at any time if Nimbus is of the view (in its absolute discretion) that you have breached any of the Terms.
Your Access to the Service
6. You acknowledge and agree that content such as advertisements, program information, service announcements and administrative messages may be included in the Service. This is part of the Service and you agree that you will not be able to opt out of receiving such content.
7. Unless expressly stated otherwise, any new features that augment or enhance the Service or are delivered through other distribution means shall be subject to the Terms.
8. You understand and agree that the Service is provided "as is" and that Nimbus does not assume any responsibility for the timeliness, misdelivery, deletion or failure to store any user correspondence, information or personalisation settings. You are solely responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or air time charges). You are solely responsible for those fees and you agree that you shall not under any circumstances seek to claim any payment or part-payment of such fees from Nimbus. In addition, you must provide and are solely responsible for all equipment required for you to access the Service.
9. You agree not to access the Service by any means other than through the interface that is provided by Cricket Nirvana for use in accessing the Service. You acknowledge and agree that the live and VoD Content is available via a streaming service only and you are strictly prohibited from downloading any Content whatsoever to your local computer or hardware. You also acknowledge that your right to access the Service is strictly limited to the number of hours (or other applicable parameters) specified in the subscription package you purchase from Nimbus.
10. Nimbus reserves the right to refuse your use of the Service without notice, even if you have registered to use the Service or have used the Service in the past, in any of the following cases:
If, in Nimbus' sole discretion, you have been found to have broken any of the Terms and/or infringe or are likely to infringe any intellectual property rights.
If you have included false or erroneous information (including spoofing) or omitted information in your registration for the Service.
If you have been shown to have neglected payments in the past.
At the time of application, any of the credit card companies designated by Nimbus as acceptable for the settlement of bills did not recognise use of a credit card by you on the grounds that your contract had been terminated or membership revoked.
Your name is found to be different to the name on the credit card whose details were supplied by you at the time of application, where the credit card was issued by one of the aforementioned credit card companies.
You are found to be either underage, under guardianship, or unable to act on your own account and you have not obtained the approval of the designated proxy or custodian in registering to use the Service.
For any other reason Nimbus judges you to be unsuitable for registration and/or use of the Service or any part thereof.
11. You must have Windows Media Player to use the Service and receive the streamed Content. It is your responsibility to ensure that you have the correct software, set-up and Internet connection to enable access to the Content, Service and the Portal. You are responsible for verifying your technical setup before purchasing any subscription packages/Content. Please note that once you have accessed any particular Content or aspect of the Service for which you have paid, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the extent of your viewing.
12. A maximum of two (2) non-exclusive, non-assignable, and non-transferable licences per user for the duration of the subscription will be granted (and must not be used simultaneously) to you for your personal use. A licence is valid only on the computer to which it was issued. The licence to view Content is provided for the duration of the Content or as long as the subscription is active. Nimbus is not responsible for loss of licences or Content under any circumstances, including but not limited to computer hardware failure or malfunction or software/operating system faults.
13. Nimbus is not responsible for the content available on any other Internet sites linked to the Portal (if relevant). You agree that any access to any other Internet sites linked to the Portal is at your own risk.
14. Any access to and use of password protected and/or secure areas of the Portal is restricted to authorised users only. Unauthorised individuals attempting to access such areas of the Portal may be subject to prosecution.
15. Nimbus will use its reasonable endeavours to ensure that the Portal is fully operational at all times. However, Nimbus cannot guarantee that the Portal will be fault free and accessible at all times. In particular, access to the Portal may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out, or the introduction of new facilities or services to the Portal.
16. Further, by using the Portal, you acknowledge and agree that the Internet uses elements and relies upon services, facilities and input which are not under the control of Nimbus and which may totally or partially prevent or delay Nimbus' performance in providing a particular service, including the Service. Such a situation will constitute a 'force majeure', and Nimbus shall be excused the performance for so long as such a situation endures.
17. In addition to the above, for the purposes of the Terms, the term 'force majeure' shall be deemed to include any cause affecting the performance by Nimbus of its obligations arising from or attributable to acts, events, omissions or accidents beyond its reasonable control and in particular, without limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, riot, civil commotion, crowd disorder, war, invasion, threat or preparation for war, fire, technical or power failure, hardware, software or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, earthquake, storm, flood, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
18. Due to rights restrictions, certain Content/programming may not be available in certain territories. You understand and agree that certain Content will be geo-blocked and access to such Content will be restricted territorially. You may not be entitled to receive all the Content via the Service.
19. You acknowledge that whilst Nimbus will use its best endeavours to geo-target the Content territorially in accordance with all relevant rights and licences in respect of the relevant Content and the requirements of the owners of the Content, there may be some cases where the Content might be viewed by unauthorised users in restricted territories. You agree that you shall not assist any such unauthorised users to view or receive the Content or the Service in any way whatsoever and that you will report any such unauthorised usage (or any suspected unauthorised usage) immediately to Nimbus.
20. You acknowledge and agree that the duration for which the Content will be available to you will depend upon your location (such duration differing from location to location) and such duration is subject always to change at the sole discretion of Nimbus without prior notice to you and without liability to you.
21. Nimbus may add, change, discontinue, remove or suspend any Content displayed on the Portal, including any features and specifications of products and services described or depicted on the Portal, temporarily or permanently, at any time, without notice and without liability. Nimbus also reserves the right to change the format of the Content including the delivery method (e.g. Windows media version and streaming).
Match/Content Scheduling and Pricing
22. You acknowledge and agree that Nimbus will decide in its sole and unfettered discretion which matches and Content to stream or in any other way cover. You expressly understand that it is possible that not all matches will be covered by, or available through, the Service.
23. You further acknowledge and agree that Nimbus shall decide the pricing of any and all Content in its sole discretion and all prices are subject to change without any notice to you.
Content Rights and Ownership
24. You acknowledge and agree that the video content, audio-visual content, audio content, sound, music, information, graphics, text, data, photographs, software, messages, web site design, graphics, button icons and the selection and arrangement thereof or other materials ("Content") presented to you through the Service or contained in any sponsor advertisements or service announcements are the property of Nimbus or, when relevant, the respective supplier of Content and are protected by copyright, trade marks, service marks, patents and/or other proprietary rights and laws. All software used on this site is the property of Nimbus or any supplier of software for the Portal and is protected by national as well as international copyright laws.
25. Subject always to the Terms, Nimbus grants to you a personal, non-exclusive, non-transferable and revocable licence to stream and/or view the Content for non-commercial, personal use only, solely in accordance with these Terms and provided that you also retain all copyright and other proprietary notices contained on the materials.
26. Other than for your personal and private viewing, you agree not to transmit, distribute, modify, reuse, forward, re-post, or in any way use the Content on any other website for any purpose, and further agree not to download, record, repurpose, distribute, modify, rent, lease, loan, sell, reverse engineer (other than to the extent permitted by law) or create derivative works based on the Content, in whole or in part, without Nimbus' prior express written permission.
27. You further agree that you shall not in any way circumvent technological measures employed to control access to, or the rights in, the Content and the Service or to make non-temporary copies of streamed Content that has been provided via the Service.
28. Images of people or places displayed on the Service are either the property of Nimbus or third parties. The use of these images by you, or anyone else authorised or licensed by you, is prohibited except to the extent specifically permitted by the Terms or prior express permission provided otherwise by Nimbus in writing. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity, and various communications regulations and statutes.
29. Where your licence with respect to certain Content is restricted to certain territories, you agree not to redistribute or in any way assist in the redistribution of the Content outside said territories.
30. You agree not to assist or permit any third parties to do any of the acts which you are prohibited from doing under these Terms.
31. You can only pay for your use of the Service using MasterCard or Visa credit cards or debit cards (or other payment methods as may be permitted (and confirmed in writing) by Nimbus from time to time in its absolute discretion), save that payment using such debit cards will only be accepted where the card-issuing bank has authorised online payments using such card.
32. You will be charged the then-current fee for the applicable Service. All subscription and other fees and payments made by you are strictly non-refundable and non-creditable and you will not be able to cancel your subscription – accordingly, you are advised to try the free/sample Content before subscribing for the Service or purchasing any Content. You understand and agree that no refunds will be made in connection with any postponement or cancellation of events or matches and/or change to Content programming contained on the Service for whatever reason. Once purchased, no subscription package can be cancelled during the duration of the package and said subscription will not expire until the end of the subscription period.
33. All price references are in INR or its equivalent in US Dollars.
34. Nimbus reserves the right to change prices for its Service at any time, and Nimbus is not responsible to you for any sudden price changes, including but not limited to increasing subscription fees, requiring payment for Content that was previously free of charge or reducing or eliminating charges for Content that previously required payment (whether or not you had subscribed to such Content).
35. You agree to keep Nimbus informed of your current e-mail address and to regularly check your spam/junk mail filters for important notices about upcoming changes to the Service and the price thereof. You are responsible for contacting us via e-mail if you do not accept those changes and for the loss or misdelivery of such notices.
36. Nimbus shall not under any circumstances be liable with respect to the timing of any charges to your credit card or debit card.
37. You may be subject to taxes on your registration with and/or use of the Service, which are levied in respect of the Service. These duties and taxes plus any additional administrative charges for customs clearance must be borne by you – Nimbus has no control over these charges and cannot predict what they may be. Customs and taxation policies vary widely from country to country – you should contact your local customs or tax office for further information.
38. You agree to indemnify, defend and hold Nimbus and all of its affiliates, partners including broadcast partners, as well as associate companies, their directors, employees, officers, licensors and licensees, information providers and partners (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and expenses), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms.
39. You agree to co-operate, at your cost, as fully as required by Nimbus in the defence of any claim. Nimbus reserves the right to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the prior written consent of Nimbus.
LIMITATION OF LIABILITY
40. NIMBUS SHALL ONLY BE LIABLE FOR DAMAGES DUE TO INTENT OR GROSS NEGLIGENCE.
41. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER NIMBUS NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PORTAL AND/OR THE SERVICE INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF NIMBUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO APPLICABLE LAWS, THEN IN NO EVENT SHALL NIMBUS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PORTAL AND USING THE SERVICE.
42. THE PORTAL, THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NIMBUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, NIMBUS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, FACILITIES AND/OR CONTENT ACCESSIBLE VIA THE PORTAL ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE PORTAL WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. IN USING THE PORTAL/SERVICE, YOU HEREBY ASSUME ALL COSTS ARISING AS A RESULT OF SAID USE.
43. In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited (or if necessary deleted) to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect. In the event that any portion of the Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of Nimbus and the remainder of the provisions shall remain in full force and effect, and all provisions of the Terms which operate to protect the rights of Nimbus continue in force even in the event of termination of the Terms on other grounds.
44. Nimbus' failure to insist upon or enforce strict performance of the Terms shall not be construed as a waiver of any provision or right.
Governing Law and Jurisdiction
45. The Terms, and any dispute in connection with the use of the Service and/or Portal, the purchase of subscription packages/Content as well as any dispute in connection with or arising from contracts made between Nimbus and you, are governed by and shall be construed in accordance with the laws of India.
46. In the case of any dispute, you agree to submit to the exclusive jurisdiction of the courts of India. Nimbus shall also be at liberty to enforce its rights and to take legal action in any competent court in the defendant's domicile.
Rules for Chatrooms
47. The Cricket Centre Application has an area which allows you to "chat". When using this application, you agree not to post, send, transmit or otherwise publish any materials that (1) interfere with anyone else's use of the application; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
Rules for Contests
48. (1) In case of contests where multiple media (mobile, internet, SMS, any other) are used to call for entries, all data may be combined to pick a single winner, unless otherwise specified. (2) In case there are multiple winners, the final result will be decided by a random draw, unless otherwise specified. (3) Nimbus or the Sponsor will attempt to contact Winners by email or phone within a week of the decision of the final result. Nimbus will not be responsible if the winners are not contactable in this period, even after adequate number of attempts by Nimbus. (4) Nimbus reserves the right to substitute prizes of reasonably equal value to the advertised prize should it become unavailable due to circumstances beyond our control. (5) Nimbus reserves the right to ensure increased participation by disallowing contest prize winners from winning multiple prizes in the same contest or from winning multiple prizes within a short span of time (6) Nimbus reserves the right to use any data collected from the contest for its own purposes – marketing, research, or other – but will not share user's private data with other parties without the user's permission.