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Your USE or ACCESS of the this website www.kolkataknightriders.com (hereinafter referred to as the “WEBSITE”) forms a legally binding contract between you and Knight Riders Sports Private Limited, (hereinafter referred to as KKR) based on the terms stated herein (hereinafter referred to as “Terms of Use”) superseding any prior written or oral agreements in relation to the same subject matter herein.
By accessing and/or using the WEBSITE, you agree that (1) you have read these Terms of Use and understand all of its contents and (2) you grant your free and unconditional consent to be subject to all the terms and conditions stated in the Terms of Use.
Description of Service
Read the latest news and features or click through the exciting 12th Man gallery, watch hundreds of interesting videos or listen to the makers of the Kolkata Knight Riders anthem, take part in hot debates over hot players or plan your IPL matches with a little help from our fixtures.
Kolkataknightriders.com is not a message wall, neither do we harbour intellectual pretensions, it is simply a milieu for all those who know andwant morefrom the game.
Ownership and Limited License
KKR is, unless otherwise stated, the owner or licensee of all rights in this WEBSITE and all its contents. KKR grants you a non-commercial, non-exclusive, non-transferable, personal, revocable right to use the WEBSITE provided that you (i) do not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) do not modify or attempt to modify the WEBSITE in any manner or form (iii) agree to use the WEBSITE in accordance with the terms and conditions contained herein without modifications or reservation of any of the terms and conditions.
Consideration
The consideration for these Terms of Use shall be the mutual representations and promises KKR and you exchange in these Terms of Use. KKR, in its sole and exclusive discretion, shall have the right at any time with or without reason, to refuse access to the WEBSITE to any individual or entity. If you find the Terms of Use to be unacceptable, you must immediately terminate your use or access of the WEBSITE.
User Submissions
This WEBSITE facilitates the submission of photos, profiles (including your name, image, and likeness), messages, images, drawings, creative content, notes, text, information, music, video, comments, advertisements, listings, and other content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You may submit your User Submissions through the WEBSITE interface.
Warnings and Conduct
You agree that:
- You are over the age of 18
- You will not publish, post, display, upload, distribute or disseminate any profane, defamatory, infringing, obscene, pornographic, sexually explicit or unlawful topic, name, material or information of any kind.
- Provide material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under the age of 18 years.
- Encourage, invite or solicit extra marital affairs.
- Provide false information on your registration form/profile.
- Present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of KKR.
- Use the WEBSITE in violation of local, state, national or international law, statute, ordinance, regulation or rule.
- Upload files that contain software or other material that violates the intellectual property rights of any third party.
- Upload content/files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell any goods or services for any commercial purpose.
- Engage in any fraudulent, abusive or illegal activity including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any user.
- Restrict or inhibit any other registered user from using and enjoying the community areas.
- Restrict or inhibit any other registered user from using and enjoying the community areas.
If you violate such terms, KKR may, without prior notice and without liability to you, forbid you from any and use of the WEBSITE, terminate your registration, delete your uploaded material, and take any other action KKR deems appropriate in its sole discretion. KKR shall not be held responsible or liable for deactivation or deletion of accounts or for loss of uploaded material or information as a result of, or arising out use of the WEBSITE. Illegal and/or unauthorized uses of the WEBSITE, including unauthorized framing of or linking to the WEBSITE will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress in terms of applicable law.
Warranty Disclaimer
THE SERVICE AND CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS PARTNERS, LICENSORS OR AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KKR MAKES NO WARRANTIES OR REPRESENTATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OR COMLETENESS OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. KKR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY ADVERTISING, AND KKR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL KKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS PARTNERS, LICENSORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT KKR SHALL NOT BE LIABLE FOR CONTENT UPLOADED TO THE WEBSITE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KKR, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS PARTNERS, LICENSORS OR AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS OF THE WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.
Security
You may have an account and password for use of the WEBSITE. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. KKR shall not be held liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to KKR.
Privacy Policy
KKR is strongly committed to protecting the privacy of its users. By using or accessing the WEBSITE, you are accepting the practices described in this Privacy Policy. Please note that this Privacy Policy applies only to the WEBSITE, and not to other websites of any third party of which KKR provides links.
KKR may collect some information each time you visit the WEBSITE such as your IP address, referral data, browser, platform type and such other information i.e. information that cannot be used to identify you (hereinafter referred to as “Other Information”). You do not have to register with KKR before such Other Information can be collected. Such Other Information may be included in databases owned and maintained by KKR its contactors, sub contractors, partners or agents. KKR retains all rights to these databases and the information contained in them. The WEBSITE, like nearly all other websites on the internet, will use the Other Information and pool it with information tracking the total number of visitors to the WEBSITE, the number of visitors to each page of the WEBSITE, your search terms, links upon which you choose to click, and the domain names of the visitors’ Internet Service Providers.
KKR may collect, store or use personally identifiable information including contact information (such as your name, photograph, address, telephone number, e-mail address, zip code) and demographic information (such as age, gender, occupation, accounts and income) and/or any other information (hereinafter collectively referred to as “Your Information”), when you voluntarily submit it to KKR (such as through the registration page) or when KKR acquires such information from other sources that are publicly available. By providing KKR with Your Information, or by continuing to use this WEBSITE, you are consenting to KKR to collect, use, store and process Your Information.
KKR will not use or disclose Your Information except as described in this Privacy Policy.
Though KKR makes every effort to preserve your privacy, KKR may need to disclose Your Information when required by law wherein KKR has a good-faith belief that such action is necessary to comply with a current judicial proceeding, a criminal investigation, a court order, or legal process served on the WEBSITE. KKR may also share Your Information if KKR believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or entity, violations of the WEBSITE’s Terms of Use, or as otherwise required by law.
KKR will not use personally information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, KKR may use your personally information without further consent for non-marketing or administrative purposes. [Note to draft: Please Confirm]
KKR may use Your Information to operate, maintain, and provide to you the general and personalized features and functionality of the WEBSITE.
KKR desires to keep you in control of Your Information provided to KKR. Accordingly, you can review, correct, change or remove the personal registration information you provide to KKR and that KKR controls. You shall be given the opportunity to 'opt-out' of having information used for purposes not directly related to the WEBSITE at the point where asked for such information.
Trade Marks
Certain names, terms, words, titles, phrases, slogans, logos, icons, images, graphics or designs to the pages of the WEBSITE may constitute trade names, trademarks or servicemarks whether registered or otherwise of KKR. The display of any of the above trade names, trademarks, servicemarks or pages of this WEBSITE does not imply that any license has been granted to any third party in respect of the same.
Any use of the trade names, trademarks or servicemarks belonging to KKR without the express written permission of KKR is strictly prohibited.
All other product or company names, logos, icons, graphics or designs referred to in this WEBSITE are the trademarks and/or service marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such owners and KKR intends no infringement of such trademarks and/or service marks in any manner whatsoever. The appearance or absence of any third party’s trade names, trademarks or service marks on the WEBSITE does not imply any endorsement or non-endorsement thereof by KKR. All rights not expressly granted herein are reserved by KKR.
Copyright
The entire contents of this WEBSITE including but not limited to text, photos, graphics, sound, animation and videos are protected by copyright and other intellectual property laws.
The contents of this WEBSITE shall not be copied, distributed, sold, licensed, changed or made available to third parties for any purpose whatsoever. Any usage, reproduction, distribution, sale, license, editing and any form of commercial use, transmission to third parties fully, partially or in edited form is not permitted and any such use shall constitute an infringement of KKR’s rights. No user of this WEBSITE shall have any right, title, or interest in the same or any of its contents, unless the user has obtained prior permission in writing and such user shall be strictly in accordance with such permission
Website Links and Third Party Sites
The WEBSITE may contain hypertext links to other websites operated by parties other than KKR. Such hypertext links are provided for reference only and KKR does not control such other websites and is not responsible for their contents. KKR’s inclusion of hypertext links to such other websites does not imply any warranty or representation regarding any linked websites or endorsement of the information, products and/or services offered on such other websites or any association with their operators. If you use these other websites, you will leave the WEBSITE. If you decide to visit any other linked website, you shall do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
International Use
KKR does not represent that all content, materials on the WEBSITE are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. You shall not access the foregoing where prohibited by law. Those who do access the WEBSITE, its content, materials from such locations, act on their own initiative and KKR shall not be held responsible for default in their compliance or non compliance with local laws or other applicable laws.
Severability
Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Assignment
You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.
Governing Law and Jurisdiction
The relationship between you and KKR shall be governed and interpreted in accordance with the laws of India, without regard to its conflict of law provisions. You and KKR agree that the courts of Mumbai shall have the exclusive jurisdiction to entertain and/or try any matter connected with, in relation to or arising out of the use or access of this WEBSITE by you.
Entire Agreement
These Terms of Use incorporate by reference any notices contained on the WEBSITE and together with the Copyright Notice and Privacy Policy constitute the entire agreement with respect to your use and or access to this WEBSITE.
Modification
KKR reserves the right to modify and/or update these Terms of Use from time to time and such modified and/or updated Terms of Use shall be effective and binding upon you in respect of any subsequent use of the WEBSITE by you after the time such modifications, amendments and/or updates are first displayed on the WEBSITE.
Unless explicitly stated otherwise, any new services or features that augment or enhance the WEBSITE or are otherwise provided on the WEBSITE shall be automatically incorporated into the WEBSITE and as such shall be subject to these Terms of Use therefore making such activity binding upon you.
Survival
KKR’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your access, use or participation on the WEBSITE.
Waiver
A waiver by KKR to enforce any right or failure to act with respect to any breach by any user under the Terms of Use shall not imply the waiver of any other right or a subsequent waiver, nor shall it affect the validity of enforceability of any provision hereof.
Miscellaneous
Nothing in the Terms of Use shall be construed as making you the partner, joint venture, agent, legal representative, employer, or employee of KKR. You shall not have, or hold yourself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The Terms of Use will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Feedback
We welcome your suggestions and feedback and please send the same to [INSERT] Any feedback you provide shall be deemed to be non-confidential. KKR shall be free to use such information on an unrestricted basis.
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