BACKGROUND:

This agreement applies as between you, the User of this Website and Cricket Properties Ltd (CPL), the owner(s) of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“You”

means you, the user of the Wisden Site, and “Your” should be interpreted accordingly,

“Article”

means a news article on this Website;

“We”/ “Us”

means Cricket Properties Limited,  4^th Floor Bedser Stand, The Kia Oval, Kennington, SE11 5SS;

“Comment”

means a comment posted on an Article by a User;

“Content”

means any Articles, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“CPL”

means Cricket Properties Ltd,  4^th Floor Bedser Stand, The Kia Oval, Kennington, SE11 5SS;

“Service”

means collectively any online facilities, tools, services or information that CPL makes available through the Website either now or in the future;

“System”

means any online communications infrastructure that CPL makes available through the Website either now or in the future;

“User” / “Users”

means any third party that accesses the Website and is not employed by CPL and acting in the course of their employment. (Also see “You”  defined above)

“Website”

means the website that you are currently using (www.wisdent.com) and any sub-domains of this site (e.g. subdomain.wisden.com) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CPL, or our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by CPL.  Specifically you agree that:

2.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by CPL.

3. Third Party Websites

3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Wisden Site.

3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.

3.3 Any dealings between You and any third party advertisers or merchants found on or via wisden.com, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. Where You purchase goods or services directly from Us, section 11 of these terms and conditions will apply.

4. Third Party Intellectual Property

4.1 The Intellectual Property Rights subsisting in Comments belong to the Users who posted those Comments unless it is expressly stated otherwise.

4.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.

4.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 4 continue to apply.

5. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

6. Links to Other Websites

This Website may contain links to other websites.  Unless expressly stated, these sites are not under the control of CPL or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7. Links to this Website

7.1 Those wishing to place a link to this Website on other sites may place a link to the home page of the site www.wisden.com or to specific Articles either manually or using the sharing tools provided without prior permission.

7.2 Deep linking (i.e. links to specific pages within the site) to any page on the site which is not the home page or an Article requires the express permission of CPL.  To find out more please contact us by email at [email protected].

8. Posting Comments

8.1 When posting a Comment on an Article you should do so in accordance with the following rules:

8.1.1 you must not use obscene or vulgar language;

8.1.2 your Comment may not contain Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3 your Comment may not contain Content that is intended to promote or incite violence;

8.1.4 your Comment should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not unreasonably criticise other Comments or Users;

8.1.5 Comments must be made using the English language.  Content in any other language may be removed at our sole discretion;

8.1.6 your Comment may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;

8.1.7 you must not post links to other Websites containing any of the above types of Content;

8.1.8 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

8.1.9 you must not impersonate other people or businesses;

8.1.10 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

8.1.11 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

8.2 You acknowledge that CPL shall screen, approve (or reject), edit and/or remove any Comment posted to the Website.

8.3 CPL may edit your Comment to comply with the provisions of sub-Clause 7.1 without prior consultation.  In cases of severe breaches of the provisions of sub-Clause 7.1, your Comment may be removed and your Account may be suspended or terminated.  You will not be informed in writing of the reasons for any such alterations or removals.

8.4 In order to post a Comment, you are required to submit certain personal details.  By continuing to use this Website you represent and warrant that:

8.4.1 any information you submit is accurate and truthful; and

8.4.2 you will keep this information accurate and up-to-date.

8.5 By posting a Comment you warrant and represent that you are the author of that Comment or that you have acquired all of the appropriate rights and / or permissions to post it.  CPL accepts no responsibility or liability for any infringement of third party rights by such Comments or Content. Further, you waive all moral rights in the Comment to be named as its author and grant CPL a perpetual licence to modify the Content as necessary for its inclusion on the Website.

8.6 CPL will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Comments, nor for any errors or omissions therein.  Use of and reliance upon Comments is entirely at your own risk.

8.7 Nothing in these Terms and Conditions shall grant CPL any rights in or to any trade marks or any other intellectual property rights contained within your Comment or any part of it save for the right to display the same on the Website as part of your Comment until you or CPL choose to remove that Comment.

8.8 You acknowledge that CPL may retain copies of any and all communications, information, Content and Comments sent to us or submitted to the Website.

9. Liability

9.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.

9.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Wisden Site, or for statements, advice and/or opinions made or given by Users in the comments sections (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.

9.3 We will endeavour to provide the Wisden Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Wisden Site and do not promise that the material contained in the Wisden Site, or any of the functions contained in the Wisden Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.

9.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Wisden Site.

10. Competitions

10.1 The competitions that we run through the Services are subject to the following rules (unless otherwise specified):

10.1.1 No purchase is necessary.

10.1.2 One entry is permitted per household, and no bulk or third party entries are permitted.

10.1.3 Competitions are open to all UK residents (over the age of 18 in alcohol, tobacco or travel-related competitions, and in other cases as stated) except our employees, the companies or organisations with whom the competition or offer is being run, their agents, or anyone directly connected with the promotion.

10.1.4 Proof of entry will not be accepted as proof of receipt of entry.

10.1.5 If we run a competition or offer with a promoter where that promoter is responsible for the provision of the offer or prizes then CPL will not be responsible for or have any liability for the provision of those offers or prizes.

10.1.6 We reserve in all cases the right to replace the stated prizes with other prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes, and prize winners must accept prizes in the form offered. Prizes are not refundable or transferable.

10.1.7 The winner may be required to sign a statement proving their eligibility/liability.

10.1.8 The closing date for receipt of entries is as stated for each individual competition. The winner(s) will be drawn at random from all valid entries, and will be notified by email within two weeks of the closing date.

10.1.9 Detail of the winner(s) can be obtained by sending a SAE marked [name of competition] to Cricket Properties Ltd, Fourth Floor Bedser Stand, The Kia Oval, Kennington, London, SE11 5SS, United Kingdom within 21 days of the closing date of the promotion.

10.1.10 All entrants to competitions and offers are deemed to have accepted these rules and agree to be bound by them, and agree to co-operate in any publicity that may arise which may include their name or image being used on websites, magazines or mobile services at any time as a result of the competition.

10.1.11 Some cricket equipment given away in competitions may have been used for testing purposes.

11. Advertising

11.1 Certain pages on this Website display third party advertising.  CPL has neither control over, nor involvement in, any third party advertising or the products and/or services featured therein.

11.2 Unless it is expressly stated (for reasons including, but not limited to, sponsorship), no advertising shall be taken as an endorsement by CPL of the products, services or any party associated therewith featured in advertising.

11.3 Where any advertising utilises cookies or similar technological means to gather data, it shall be governed by our Privacy Policy as set out in Clause 10.

12. Privacy

12.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

12.2 The Website places the following cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy.  By accepting these terms and conditions, you are giving consent to CPL to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.

13. Disclaimers

13.1 CPL makes no warranty or representation that the Website or the Articles therein will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.

13.2 The opinions expressed in Articles are those of their authors and do not represent the opinions of CPL.

13.3 Save for the screening and approval of Comments, CPL has neither control over, nor involvement in, any Comments and accepts no responsibility for any actions taken by any Users.

13.4 The opinions expressed in Comments are those of the authors of those Comments and do not represent the opinions of CPL.

13.5 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, CPL makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

13.6 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.7 CPL makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

13.8 Whilst every effort has been made to ensure that all descriptions of services available from CPL correspond to the actual services available, CPL is not responsible for any variations from these descriptions.

13.9 Whilst CPL uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

14. Availability of the Website and Modifications

14.1 The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

14.2 CPL accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

14.3 CPL reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, CPL accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

15.2 Nothing in these terms and conditions excludes or restricts CPL’s liability for death or personal injury resulting from any negligence or fraud on the part of CPL.

15.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

16. Safety

We are committed to ensuring Your safety and confidence whilst using the Wisden site. When using the Wisden Site, in particular the comments sections, You should always take the following precautions.

16.1 Keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;

16.2 Never meet with someone You meet online.

16.3 Do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.

17. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

19. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and CPL.

20. Communications

20.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected].  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

20.2 CPL may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.

21. Law and Jurisdiction

These terms and conditions and the relationship between you and CPL shall be governed by and construed in accordance with the Law of England and Wales and CPL and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

22. Feedback

Should You wish to make any comments to Us about the Wisden Site or if You have any questions relating to the same please contact Us using [email protected]

23. Changes to this notice

We will occasionally update our Terms and Conditions. We will post a notice of any material changes on our website prior to implementing the changes, and, where appropriate, notify you using any of the contact details we hold for you for this purpose. This may include e-mail, post or interactive social media. We encourage you to periodically review our notice to be informed of how we use your information.

24. Corporate Information

Cricket Properties Limited (Company No. 10546730). Our UK VAT number is 265 8921 64 Cricket Properties Limited is incorporated in England and Wales and is located at the registered office Box 33, 4th Floor, Bedser Stand The Kia Oval, Kennington, London, England, SE11 5SS.