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End User Licence Agreement (EULA) – CRICKET24

The following End User Licence Agreement (“Agreement”) governs your use of Our Games and the content found within it:

Please be advised that this agreement contains a binding, individual arbitration and class-action waiver provision.

If you accept this agreement, you and Big Ant Studios Pty Ltd agree to resolve any disputes in binding, individual arbitration and give up the right to go to court individually or as part of a class action.

1. INTRODUCTION

This is the official terms of service for the games “CRICKET24 (PlayStation 5), CRICKET24 (PlayStation 4), CRICKET24 (Xbox X/S), CRICKET24 (Xbox One) and CRICKET24 (PC)” collectively referred to as “Games” owned and controlled by Big Ant Studios Pty Ltd (Australian Business Number: 18 091 398 211) (defined herein as ‘We’, ‘Us’ or ‘Our’) and published by Nacon (“Licensor”), By using or otherwise accessing Our Games, you acknowledge that you are at least thirteen (13) years of age and you have, or if you are under the age of thirteen (13) your guardian has read this Agreement, and that you agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this agreement, promptly exit this page and do not use Our Games or any of the content contained within it. Any reference to the term Games will relate to the version of the Game(s) that you have validly purchased, on your relevant and applicable platform.

2. GRANT OF LIMITED LICENCE

Upon the successful payment of the relevant (and applicable) consideration on your applicable Digital Stores or the lawful acquisition of Our Games in physical format (“Physical Format”), We grant you a worldwide, non-exclusive, royalty-free, revocable license to access and use Our Game(s) exclusively for the purposes of viewing, playing, and interacting with the content within them, on the platform to which your purchase of Our Games was processed on or Physical Format relates to. You acknowledge that Our Games and the content within it are to be used solely by you for entertainment and educational purposes, and for no other purposes. For the avoidance of doubt, you are not allowed to stream Our Games unless you have agreed to Our Content Creator Policy accessible here: https://www.bigant.com/ccp/

Your licence confers no title or ownership in Our Games.

We do not grant you any other rights whatsoever in relation to Our Games or the content within them.

All rights not specifically licenced herein are expressly reserved by Us.

3. TERM

This License (as listed at Clause 2 above) will exist for as long as you lawfully continue to use the Games, and subject to the termination of this licence as outlined in this Agreement.

4. INTELLECTUAL PROPERTY & OWNERSHIP

The Games and all content within it are protected by Australian and international copyright law and is licensed, owned and/or controlled by Us. Unless otherwise indicated, all rights (including copyright), title and interest in the Games and any content found anywhere within them (including but not limited to code, artistic works, typography, sound, musical works, master recordings, scripts, design elements and interactive features), are owned and/or controlled by Us (or our Licensors). Our Games may contain certain licensed materials, and our Licensor may protect their rights in the event of any violation of this Agreement. All trademarks, service marks and trade names (registered or otherwise) are owned, registered and/or licensed by Us.

5. UPDATES

We may deploy, upload or provide mandatory patches, updates or modifications to Our Games which must be installed for you to continue to use our Games, in order to, for example: (i) to ensure compliance with applicable laws and/or reflect the change in relevant laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements; (iii) update of upgrade the Games; (iv): to ensure the security of Our Games; and (v) to combat against any illegal, harmful or unsafe activities associated with Our Games.

6. YOUR CONDUCT & LICENCE CONDITIONS

Your use of Our Games is subject to all relevant and applicable local, state, national laws, by-laws, codes and regulations. By accessing and using Our Game or any of its contents and functions, you agree to be bound by the relevant and applicable laws to you. In addition, you acknowledge and agree that your licence(s) to use Our Games are subject to the following limitations (Licence Limitations):

a. Exploiting Our Games commercially; b. use Our Games to harm, threaten, or harass anyone (including Us and Our employees, officers and directors); c. use Our Games in any manner or for any purpose other than as expressly permitted by the Terms, the Licenses and the information available on our websites; d. violate the terms of our privacy policy listed at: https://www.bigant.com/privacy/ e. share passwords or other access information or devices or otherwise authorize any third party to access or use Our Games; f. translate, reverse engineer, decompile, derive source code, modify, create derivative works or disassemble Our Games or the content within it or merge all or any part of the either with another game, program or service (including software and other applications utilising artificial intelligence); g. create, develop, modify, make available, distribute, host, promote, advertise, or use any software programs to break, interfere with or modify (including mod) Our Games or any part thereof; h. remove or alter any copyright, trademark or other proprietary rights notices contained in any of Our content (including but not limited to Our Games); i. unlawfully copy, reproduce or create derivative works based on any part of Our Games or any of the content within it, or create a competing version of Our Games based on the information that you may gain from using Our Games; j. use Our Games or any content within it for any unauthorized purpose or in violation of any applicable laws or regulations; and k. use Our Games for any content creation purposes, including live streaming, without agreeing to Our Content Creator Policy accessible here: https://www.bigant.com/ccp/

Any use of Our Games in violation, contravention or breach of these Licence Limitations is a serious and material violation of this Agreement, and will result in an immediate termination of your license and/or access to Our Games. Further, We may take any further actions and impose any restrictions in relation to your use and access of Our Games that we deem necessary if you violate any of these terms, engage in any other illegal or inappropriate conduct, all without prior notice or warning.

7. IN-GAME PURCHASES

Our Games may include in-game purchases, including DLC, in-game items, virtual currency and subscriptions, which are available to be purchased inside Our Games (In-Game Purchases). All payments associated with In-Game Purchases are processed by your relevant and applicable digital store (e.g., Microsoft Xbox Store, PlayStation Network Store and Steam) (Digital Stores) and are governed by their relevant policies. You can view the terms of services and policies associated with the Digital Stores below:

• Xbox: https://www.microsoft.com/en-au/store/b/terms-of-sale?rtc=1
• PlayStation Network: https://www.playstation.com/en-au/legal/psn-terms-of-service/
• Steam: https://store.steampowered.com/subscriber_agreement/

We note that your In-Game Purchases can be managed in the Digital Stores, and are authenticated via your Digital Stores account. Should you uninstall or reinstall Our Games, you will remain entitled to any In-Game Purchases you have previously purchased and can restore any In-Game Purchases in Our Games on the relevant platform of purchase, provided you have not violated the terms of this Agreement.


You acknowledge and agree that any In-Game Purchases will be governed by the terms of this Agreement. By purchasing any In-Game Purchases, your purchase constitutes acceptance of this Agreement.

8. LIMITATION OF WARRANTIES AND LIABILITY

(a) FOR RESIDENTS IN AUSTRALIA AND NEW-ZEALAND: Nothing in this clause 8, or this Agreement, is intended to exclude, restrict, modify, remove or have the effect of excluding, restricting or modifying, the application of any applicable laws in either Australia (i.e., specifically, under Division 1 of Part 3-2 of the Australian Consumer Law subsisting in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or New Zealand (i.e., the New Zealand Consumer Guarantees Act 1993) that cannot be excluded, restricted or modified by agreement.
(b) FOR REST OF THE WORLD: Our Games, and the contents of Our Games are provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability, or fitness for a particular purpose. You assume all responsibility and risk for the use of Our Games, and for the use of any third-party website or service within it, and to the fullest extent permissible by law, We disclaim all liability for any loss, injury or damage resulting from your use of Our Games, whether direct or indirect.
(c) Subject to the Competition and Consumer Act 2010 (Cth), in no event will We have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss associated with Our Games. Our total aggregate liability with respect to Our obligations under this agreement or otherwise with respect to Our Games will not exceed the actual price paid for the license to use Our Games. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
(d) FOR RESIDENTS IN NORTH AMERICA: To the fullest extent possible and allowed by applicable law, We shall not be held liable for any special, incidental, compensatory, indirect, consequential, punitive or exemplary damages whatsoever, resulting from the possession, use or malfunction of, Our Games. In any event, Our liability shall not exceed the actual price paid for the license to use Our Games.

9. INDEMNITY

You agree to indemnify and hold harmless Us, and Our subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of Our Games, violation of this agreement (including but not limited to any of the conditions listed at Clauses 6 and 7) or any other actions connected with use of any content within or ancillary to Our Games, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

10. TERMINATION:

We may terminate the license granted to you under this agreement and/or suspend your use (or access) of Our Games without giving you any prior notice if you seriously and/or materially violate (or breach) this Agreement. We may also terminate the license granted to you under this Agreement if we have any other valid reason to do so (for example, ceasing an online service for economic reasons).

Upon termination you must immediately cease using Our Games and any content within them.

11. DISPUTE RESOLUTION

Under this Agreement or in connection with Our Games, a “Dispute” means any dispute, challenge, claim, or controversy you and Us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of Our Games, all marketing related to Our Games, any licensed content, and all matters relating to or arising from this Agreement, including any disputes over the validity or enforceability of this agreement to arbitrate.

A Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER clauses irrespective of whether such Dispute arises from or exists in - contract, common law, statute, regulation, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable source of law. You acknowledge and understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited, and that this is reasonable herein.

Internal Dispute Resolution

Our customer support team is available at http://mailto:enquiries@bigant.com to address any questions, concerns or complaints in relation to Our Games or this Agreement. We aim to address and resolve all concerns to our customers’ satisfaction, and within a reasonable timeframe. To reduce any costs and ensure all Dispute(s) (if any) are addressed (and resolved) in a timely manner, You and Us acknowledge and agree to first attempt to resolve any Dispute informally for at least thirty (30) days prior to instituting or initiating any arbitration or legal proceeding, from the first date written notice was served upon Us (“Internal Dispute Period”). You and Us agree to use our individual and collective best efforts to address and resolve any Dispute through direct consultation and with good faith. Upon the Internal Dispute Period concluding and if a Dispute remains, either party may take further action necessary in accordance with the terms of this Agreement. You acknowledge and agree that if the Internal Dispute Period has not be completed, any initiated (or pre-emptive) action or arbitration will be suspended until such Internal Dispute Period is completed.

Binding Arbitration

If a Dispute still exists upon the conclusion of the Internal Dispute Period, either party may then be able to initiate binding arbitration as the sole means (and method) to formally resolve the Dispute. Any arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedure (the “JAMS Rules”) effective as of the date of initiating any arbitration. To view the relevant and applicable JAMS Rules, please via the following link: https://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement.

12. SURVIVAL

Clauses 5, 6, 7, 9, 10, 11, 12, 14, 15 and 16 will survive and continue in force even after any termination.

13. REPORTING BEHAVIOUR

While using Our Games, if you experience abuse, harassment or cheating, you can report this conduct in Our Games. You can find the option to report unwanted behaviour in the menus of Our Games. Should you wish to report conduct, you may also send a complaint or concern to Us via Our customer support email: enquiries@bigant.com.

14. CLASS ACTION WAIVER

To the maximum extent permitted by applicable law, You and Us agree to only bring any disputes in an individual capacity. You expressly agree not to:

a) personally seek, attempt, procure, participate in any class or broad representative action, collective or class-wide arbitration, or any other action where a third-party (whether an individual or corporate entity) acts on your behalf (or in a representative capacity); or
b) merge, consolidate, combine or amalgamate individual proceedings or permit an arbitrator to do so without the express and prior consent of all parties to this Agreement.

15. GENERAL

(a) This agreement is the entire agreement, understanding and exhaustive statement of the terms between you and Us with respect to the subject matter hereof, and supersedes any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.

(b) We reserve the right to amend and/or modify this Agreement at any time, and by any means, including without limitation by positing the modifications to Our website: https://www.bigant.com/ and/or requiring you to click “accept”. Your continued use of Our Games constitutes your acceptance of any modifications to this Agreement. If any future amendments or modifications are unacceptable to you or cause you to no longer comply with this Agreement, you must terminate, and immediately stop using and interacting with, Our Games.

(c) We may update Our Games without notifying you. You acknowledge that you may need to update third party software from time to time in order to effectively continue to use Our Games.

16. JURISDICTION

This Agreement, including any dispute or claim arising from it (or in connection with Our Games), will be governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to be bound by the laws of that state and submit to the exclusive jurisdiction of that State, including any Courts that are entitled to hear appeals.

You and Big Ant Studios Pty Ltd agree to waive any jurisdictional, venue or inconvenient forum objections (or right to challenge) (except either party’s rights to remove a case to federal court if permissible), as well as any right to a trial by jury. You acknowledge and agree that The Convention on Contracts for the International Sale of Goods will not apply to this Agreement and Our Games. To the maximum extent permissible by any applicable law, you acknowledge and agree that any law, regulation, doctrine or rule which enables that the language of a contract to be construed against the party who has drafted or proposed said terms or contract, will not apply to this Agreement.

17. PRIVACY

We recognise the importance of your privacy and understand the concerns surrounding security of personal information. To view Our privacy policy relating to the use of Our Games, please visit: https://www.bigant.com/privacy/

TERMS OF SERVICE – LAST UPDATED 15 JULY 2024
BIG ANT STUDIOS PTY LTD