EFFECTIVE DATE: September 25, 2014; Last uupdated: May 31, 2022
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In order to make this agreement more readable, we have tried to write it in plain English and to be relatively informal. To avoid any possibility of confusions, when you see references to “we” or “us” or “our,” all of those references are to Cricket (collectively with its agents, consultants, employees, officers, and directors); when you see a reference to “you” or “your,” we are referring to you, the User of one of our websites, products, or services.
Use of the Services is a privilege and not a right.
USE OF CERTAIN SERVICES ON THE SITES BY CHILDREN REQUIRES PARENT/GUARDIAN CONSENT.
We encourage parents and guardians and, as applicable, teachers to spend time online with children and to appropriately monitor their online activities. Please protect your child’s privacy by instructing them to never provide personal information on this site or any other, including food apps, or within any software registration process, without your permission.
To use certain of the Services/Sites, you must first sign up for an account (“Account”) and select a password and username (“User ID”). You promise that the registration information you provide will be accurate, complete, and up-to-date, and you understand that failure to do so may result in suspension of your Account. You may not select for your User ID a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person. In certain situations, your User ID may be selected for you by your school or district; the same rules apply to them when they select a User ID for you. You may not transfer your Account to anyone else without our prior written permission and you are responsible for maintaining the confidentiality of your Account registrations, including in connection with your establishing, at your option, an account for Product purchases a shop.cricketmedia.com or shop.aer.io/open_court.
For certain Services/Sites, including those with an associated Account, users may be charged a fee, such as an Account or subscription fee. Please see individual Sites, as set forth above in Section I, for particulars with respect to payment of fees, if any. Any payment terms presented to you in the process of using or signing up for such paid Services are deemed part of your agreement with the provider.
You promise to only use the Services/Sites for your personal, noncommercial, educational use (for example, Teachers may use Content from the Services/Sites for educating their students, and other Users’ use is limited to personal use); not for purposes of solicitation; and only in a manner that complies with all laws that apply to you. If your use of the Services/Sites is prohibited by applicable laws, then you aren’t authorized to use the Services/Sites. We can’t and won’t be responsible for your use of the Services/Sites in a way that breaks the law. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Cricket immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
As already mentioned, your use of the Services is subject to our Acceptable Use Policy, which outlines what you can and can’t do with and on the Services/Sites. You should therefore read the Acceptable Use Policy carefully. A violation of the Acceptable Use Policy will be grounds for termination of your right to use or access the Services/Sites. The Acceptable Use Policy can’t cover every possible eventuality. It is, accordingly, your responsibility to exercise good judgment and be a good digital citizen at all times.
“Content” refers to all information, data, text, software, music, sound, photographs, graphics, illustrations, animations, video, messages, tags, logos, written posts, replies and comments, or other materials or forms of creative expression—whether publicly posted or privately transmitted—provided by us and our licensors and displayed on the Sites. As contextually appropriate, the term “Content” also includes tools, software, scripts, and executable files.
Users of the Services/Sites may be subject to international, federal, state, and local laws, territory or country-specific laws, including but not limited to laws regulating the privacy and security of personal information (collectively, “Laws”). As a User, you are solely responsible for complying with all applicable Laws in your use of the Services/Sites. In addition, with respect to your use of the Services, you agree that you comply with the Acceptable Use Policy.
Except as otherwise required by applicable law, Cricket takes no responsibility for, and makes no representations or warranties concerning the privacy, confidentiality, or security or the accuracy of, any information entered by, disclosed by, or transmitted to third parties through the Services/Sites by Users.
All copyright and other intellectual property rights in the Content on the Services/Sites are owned by Cricket or its licensors, unless otherwise indicated. All Content on the Services is protected by copyright, trademark, patent, trade secret, and other laws. Cricket owns and retains all rights in such Content. Cricket grants you a limited, revocable, non-sublicensable license to view or download a single copy of our Content (excluding any software code) solely for your personal, noncommercial use in connection with the particular Services/Sites and/or Product if you include this copyright notice: “Copyright Cricket Media, Inc. All Rights Reserved” (or similar depending upon the individual piece of Content), as well as any and all other copyright and proprietary rights notices contained in the material. Otherwise, none of our Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed (unless otherwise separately licensed to you by Cricket and in accordance with such terms of license or in connection with an agreement with Cricket permitting your distribution).
Our Content is protected under US and foreign copyright, trademark, patent, and/or trade secret laws, with title to such Content held by Cricket Media Services, Inc., its affiliates, and/or its licensors. The look and feel of our color combinations, button shapes, and other graphical elements on the Sites are our trademarks. The names of and logos associated with our Services/Sites are owned by Cricket Media Services, Inc. (or an affiliate of Cricket) and are protected by US and foreign trademark laws.
The Services also contain content owned by other copyright and trademark holders. Except for content created solely by you (“User Content”), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content that appears on, or is accessible through, the Services.
You shall be solely responsible for any User Content, including photographs contained therein, that you submit, and the consequences of posting or publishing such User Content. With respect to any User Content you submit, you affirm, represent, and warrant to the following in addition to or as may be applicable where there are official rules or other guidelines, for example in the instance of Cricket’s contents, challenges, or certain Services including CricketTogether and/or TryEngineering Together:
ii. you have the written consent, release, and/or permission of each identifiable individual person identified in such User Content to use the name, likeness, or other personal characteristics of each such identifiable individual.
Any unauthorized use of Content, modification or copying of our Content, or Content that constitutes the intellectual property of others, is a breach of this Agreement. The use of any such Content on any other non-Cricket website or intranet is expressly prohibited.
We do not claim ownership of any User Content you post; however, by posting or transmitting such User Content, you grant us, our affiliates, our successors, and others with whom we have agreements, a nonexclusive, perpetual, transferable, royalty-free, sublicensable, worldwide license and right to use, copy, host, store, cache, display (publicly and otherwise), perform, modify, distribute, adapt (including without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), aggregate, transmit, translate, reformat, create compilations and collective works, prepare derivative works based upon, display publicly, perform publicly, and otherwise exploit (including but not limited to over the Internet or any other uses or media). If you provide Cricket any feedback, ratings, or suggestions regarding the Sites (“Feedback”), you assign to Cricket all rights in the Feedback and agree that Cricket shall have the right to use such Feedback and related information in any manner it deems appropriate. Cricket will treat any Feedback you provide to Cricket as nonconfidential and nonproprietary. If you are an Adult, you consent to the publication of any testimonials you send to Cricket along with your name and other information you submit in connection with such testimonial.
Note, also, that this license to your User Content continues even if you stop using the Services/Sites, primarily because of the social nature of content shared through certain of the Services/Sites—when you post something publicly, others may choose to comment on it, making your User Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others.
Any and all intellectual property rights that are not expressly granted hereunder are reserved to Cricket and its licensors.
Cricket retains the right, in its sole discretion, to disable and/or terminate the Accounts of Users who infringe (or, in Cricket’s discretion, who repeatedly infringe) Cricket’s or others’ copyrights or other intellectual property rights.
Cricket offers educational or literacy programs, including but not limited to CricketTogether, which helps kids become better readers and thinkers in part through online correspondence with adult mentors. If you register or are registered for any of those programs, you may be exposed to private and/or Confidential Information—such as the thoughts and writings between students and eMentors. You agree that you shall not—during the course of your participation in any Cricket Program or at any time thereafter—use, disclose, or otherwise make available to any third party any Confidential Information, except as permitted below. For purposes of this Agreement, “Confidential Information” means: (i) all personal information of another participant in a Cricket Program (including, but not limited to, students, teachers, and eMentors) and the contents of communications between Users to which you were not a party; and (ii) any and all oral, written, electronic, and/or tangible technical, financial, business, and/or other information disclosed to you by Cricket, a licensee of Cricket (or a person under the direction of one of the foregoing), or learned by you from participating in the Program, that is confidential, proprietary, and/or not generally available outside of our company.
You may include a link to a Site on another website so long as the link does not portray Cricket in a false or misleading manner and does not appear on a website that is offensive, obscene, or otherwise objectionable.
Our Sites may include links to third-party websites. We do not publish or control those sites. It is possible that some of these sites may, from time to time, contain materials that are objectionable, unlawful, or inaccurate. Cricket does not endorse, and is not responsible or liable, for any content, advertising, products, services, or other materials on or available from such sites. You acknowledge and agree that we are not responsible for any content or other materials, or the privacy policies and practices of third-party websites. By using the Services/Sites or ordering Products, you expressly waive any rights, claims, or liability against Cricket from your use of any third-party website.
Similarly, any dealings that you have with any third-party advertisers found on or through certain of the Services are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against such advertiser.
The following provisions further explain your rights and ours. Among other things, these provisions specify what rules and procedures would apply (and help determine the outcome) in the event that there were some dispute between you and Cricket:
Cricket Media, Inc.,
Attn: Customer Support,
1751 Pinnacle Drive, Suite 600
McLean, VA 22102