Agreement to Our Legal Terms

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Our intellectual property. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services. Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. Except as set out here, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Direct such requests to cricketminds@gmail.com. We reserve all rights not expressly granted to you.

Your submissions. By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission, and we shall own it and be entitled to its unrestricted use and dissemination for any lawful purpose without acknowledgment or compensation to you. By sending Submissions, you confirm they are not illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading; you waive moral rights to the extent permissible; you warrant the Submissions are original to you or that you have the necessary rights; and you warrant they are not confidential information. You agree to reimburse us for losses arising from your breach of this section, a third party's IP rights, or applicable law.

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update it as necessary;
3. You have the legal capacity to agree to comply with these Legal Terms, or, if you are a player under 18, that these Legal Terms have been accepted by your parent or guardian on your behalf through our account-claim approval process;
4. If you are a player under 16, your account will not be activated until a parent or guardian has completed the required attestation and consent process, including acceptance of these Legal Terms, and — where you are under 13 — has provided verifiable parental consent as described in our Privacy Notice;
5. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
6. You will not use the Services for any illegal or unauthorized purpose; and
7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

Parents and guardians: by completing the account-claim approval process for a minor player, you represent that you are that player's parent or legal guardian, that you consent to their use of the Services, and that you accept these Legal Terms — including Section 14 (Dispute Resolution) — on their behalf.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

For players under 16, an account is not usable until a parent/guardian has completed the required attestation and approval workflow described above. For players under 13, this workflow also serves as our mechanism for obtaining verifiable parental consent under COPPA before any personal information beyond what is needed for the consent process itself is collected.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material, including excessive capitalization and spamming, that interferes with any party's use of the Services.
• Engage in any automated use of the system, such as scripts, data mining, robots, or similar extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or use another user's username.
• Upload or transmit any passive or active information collection or transmission mechanism (gifs, 1×1 pixels, web bugs, spyware, etc.).
• Interfere with, disrupt, or create an undue burden on the Services or connected networks.
• Harass, annoy, intimidate, or threaten our employees or agents.
• Attempt to bypass any measures designed to prevent or restrict access to the Services.
• Copy or adapt the Services' software.
• Decipher, decompile, disassemble, or reverse engineer any software comprising the Services, except as permitted by law.
• Use or launch any unauthorized script, spider, robot, cheat utility, scraper, or offline reader, except standard search engine or browser usage.
• Use a buying or purchasing agent to make purchases on the Services.
• Make unauthorized use of the Services, including collecting usernames/emails for unsolicited email, or creating accounts by automated means or false pretenses.
• Use the Services to compete with us or for any revenue-generating endeavor or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.

The Services do not offer users the ability to submit or post public content. We may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content to us or on the Services ("Contributions"). Contributions may be viewable by other users. When you create or make available any Contributions, you represent and warrant that: they do not infringe any third party's proprietary rights; you own or have the necessary rights/licenses to them; you have consent to use any identifiable individual's name or likeness within them; they are not false, inaccurate, or misleading; they are not unsolicited advertising, spam, or solicitation; they are not obscene, lewd, violent, harassing, libelous, or otherwise objectionable; they do not ridicule, mock, disparage, intimidate, or abuse anyone; they are not used to harass, threaten, or promote violence; they do not violate any law, regulation, or third party's privacy/publicity rights; they do not violate any law concerning child pornography or protecting minors' health or well-being; they do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap; and they do not otherwise violate these Legal Terms or applicable law. Violations may result in termination or suspension of your rights to use the Services.

You agree that we may access, store, process, and use any information and personal data you provide and your choices (including settings). By submitting suggestions or feedback, you agree we can use and share it for any purpose without compensation to you. We do not assert ownership over your Contributions — you retain full ownership and any associated IP rights. We are not liable for statements or representations in your Contributions, and you agree to exonerate us from responsibility and to refrain from legal action against us regarding your Contributions.

Use License. If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control, strictly per these Legal Terms. You shall not: decompile, reverse engineer, disassemble, or derive source code from the App except as permitted by law; modify, adapt, improve, or create derivative works from the App; violate applicable law in connection with the App; remove or obscure proprietary notices; use the App for revenue-generating purposes not intended by us; make the App available over a network to multiple simultaneous users; create a competitive product or service; use the App to send automated queries or unsolicited commercial email; or use our proprietary information or interfaces in developing competing applications, accessories, or devices.

Apple and Android Devices. When accessing the Services via the Apple Store or Google Play (each an "App Distributor"): the license is limited to a non-transferable license to use the application on a device using the applicable operating system, per the App Distributor's terms; we, not the App Distributor, are responsible for maintenance and support; in the event of any warranty failure, you may notify the App Distributor, who may refund the purchase price if any, with no further warranty obligation; you represent you are not located in an embargoed country or on a restricted-party list; you must comply with applicable third-party agreements; and the App Distributors are third-party beneficiaries entitled to enforce this license against you.

We reserve the right, but not the obligation, to: monitor the Services for violations of these Legal Terms; take appropriate legal action against violators, including reporting to law enforcement; refuse, restrict, or disable access to any Contributions in our sole discretion; remove content that is excessive in size or burdensome to our systems; and otherwise manage the Services to protect our rights and property and facilitate proper functioning.

We care about data privacy and security, including the particular sensitivity of information belonging to minor players. By using the Services, you (or your parent/guardian, where applicable) agree to be bound by our Privacy Notice, posted on the Services, which is incorporated into these Legal Terms.

The Services are hosted in the United States. If you access the Services from any other region of the world with laws or requirements governing personal data collection, use, or disclosure that differ from applicable United States law, then through your continued use of the Services you consent to have your data transferred to and processed in the United States.

Our practices regarding children's personal information — including our approach to COPPA's verifiable-parental-consent requirement for players under 13, and parents'/guardians' rights to review or delete their child's information — are described in the "Children's Privacy" section of our Privacy Notice.

These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED HEREIN OR OF ANY APPLICABLE LAW. WE MAY TERMINATE YOUR USE OR PARTICIPATION OR DELETE YOUR ACCOUNT AND CONTENT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If terminated, you are prohibited from registering a new account under your name, a fake or borrowed name, or any third party's name. We reserve the right to pursue civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time without notice, and have no obligation to update information. We are not liable for any modification, price change, suspension, or discontinuance. We cannot guarantee the Services will always be available and are not liable for any loss, damage, or inconvenience caused by downtime or discontinuance.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

Informal Negotiations. To expedite resolution and control cost, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration, commencing upon written notice from one Party to the other.

Binding Arbitration. If the Parties cannot resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), and where appropriate the AAA's Supplementary Procedures for Consumer Related Disputes. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Your arbitration fees are governed by the AAA Consumer Rules; if determined excessive, we will pay all arbitration fees and expenses. Arbitration may be conducted in person, by document submission, phone, or online. The arbitrator's decision will be in writing and must follow applicable law; an award may be challenged if it does not. Except where otherwise required, arbitration will take place in Denton County, Texas. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an award.

If a Dispute proceeds in court rather than arbitration, it will be commenced in the state and federal courts located in Texas, and the Parties consent to, and waive defenses of lack of personal jurisdiction and forum non conveniens with respect to, such venue. The UN Convention on Contracts for the International Sale of Goods and UCITA are excluded.

No Dispute may be commenced more than one (1) year after the cause of action arose. If any part of this provision is found illegal or unenforceable, that portion is decided by a court of competent jurisdiction as listed above.

Restrictions. Any arbitration is limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding; there is no right to arbitrate on a class-action basis or use class action procedures; and there is no right to bring a Dispute in a representative capacity on behalf of the general public or others.

Exceptions to Informal Negotiations and Arbitration. The following are not subject to the above: (a) Disputes seeking to enforce or protect, or concerning the validity of, IP rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Acceptance on behalf of a minor. Where the account holder is a player under 18, the parent or guardian who completed the account-claim approval process accepts this Dispute Resolution section, including the agreement to arbitrate and the class-action waiver, on the minor's behalf.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO LIABILITY FOR ERRORS, INACCURACIES, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE, UNAUTHORIZED ACCESS TO OUR SERVERS OR THE PERSONAL/FINANCIAL INFORMATION STORED THEREIN, INTERRUPTIONS OR CESSATION OF TRANSMISSION, BUGS OR VIRUSES TRANSMITTED BY THIRD PARTIES, OR ERRORS OR OMISSIONS IN ANY CONTENT. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: use of the Services; breach of these Legal Terms; breach of your representations and warranties; violation of a third party's rights, including IP rights; or any overt harmful act toward another user with whom you connected via the Services. We reserve the right, at your expense, to assume exclusive defense and control of any such matter, and you agree to cooperate with our defense.

We will maintain certain data you transmit to the Services for managing performance of the Services, as well as data relating to your use of the Services. Although we perform regular backups, you are solely responsible for all data you transmit or that relates to your activity on the Services. You agree we have no liability to you for loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES, and waive any rights or requirements under any law requiring an original signature or non-electronic record retention.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined unlawful, void, or unenforceable, it is deemed severable and does not affect the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms. You waive any defenses based on the electronic form of these Legal Terms and the lack of signing by the parties.

CricketMinds INC
3043 Ivy Lane
Irving, TX 75063
United States

Phone: (479) 366-5760
Email: cricketminds@gmail.com