Terms of Service
- TERMS OF SERVICE ACCEPTANCE
1a.1) By using the Services in any manner, including but not limited to visiting or browsing the Site or signing up to receive our subscription newsletter or any other communications, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from on the Site by us or through the Services, each of which is incorporated by reference and each of which may be updated without notice to you.
1b.2) The Services may be subject to additional terms and conditions specified by us and your use of such Services is subject to all additional terms and conditions, which are incorporated into these Terms of Service by this reference.
1c.3) These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
You confirm and state that you are at least 13 years of age. If you are under 13 years old, you may not, under for any reason or under any circumstances use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the related eligibility criteria at any time. You are wholly responsible to ensure that these Terms of Service are compliant with all laws, rules and regulations applicable to you and the right to access the Services is revoked where the Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with applicable laws, rules or regulations. Further, the Services are offered only for your personal use, and not for the use or benefit of any third party. You are required to notify us immediately of any change in your eligibility to use the Services, breach of security or any other unauthorized use of the Services as you become aware of them.
You can use most of the Services without registering, but there may be features that require you to sign up. When you sign up for any such features, you are required to provide accurate information and keep such information updated. You may never use another person’s personal information to sign up for any part of the Services without that person’s express permission. You may also be able to access certain features of the Services via Facebook Connect or OAuth (an example of connecting through a “Third Party Account”). By accessing the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You have ultimate control of how much information is accessible to us and may exercise such control by adjusting the privacy settings on your Third Party Account. You have the ability to stop receiving the Services for which you have signed up for by unsubscribing at the bottom of each email received from Athlete CRUSH.
For these Terms of Service, the term “Content” includes, without limitation articles, images, photographs, audio clips, illustrations, video clips, written posts, written comments, scripts, software, graphics, and other information in the form of data, text, and interactive features generated, provided, or otherwise made accessible to us on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below in 4.1).
4.2) ATHLETE CRUSH CONTENT
All Content made available or published through the Services are protected by copyright pursuant to U.S. and international copyright laws, and owned or controlled by Athlete CRUSH and/or its licensors. The Services, including the Site and all Content, are provided solely for your personal, and noncommercial use only. You shall abide by all additional copyright notices, information, and restrictions contained in any Content you access through the Services. You may not modify, transmit, publish, participate in the transfer or sale of, create new works from, distribute, reproduce, perform, display, or in any way exploit, any of the Content or the Services (including software) either wholly or in part.
4.3) NOTICES AND RESTRICTIONS
In addition to copyright protections, certain Content is protected by trademarks, service marks, trade secrets, patents and / or other proprietary rights and laws. You shall abide by and maintain all copyright or other information, notices, and restrictions contained in any Content accessed through the Services.
4.4) USER LICENSES
Subject to the acceptance of these Terms of Service, we grant each user of the Services a worldwide, non-sublicensable, non-exclusive, and non-transferable license to use (i.e., to download and display locally) Content exclusively for purposes of using the Services. Subject to these Terms of Service, you are permitted to copy, distribute, and/or share links to any Content that resides on the Site and/or the Services for your non-commercial use, provided that any such link is accompanied by proper acknowledgement to Athlete CRUSH as the source of the Content or Services. Use, modification, reproduction, distribution or storage of any Content other than for the purposes of using the Services, including without limitation any sharing, copying, or distribution of any Content in a manner other than linking or as otherwise authorized in these Terms of Service, in whole or in part, is expressly prohibited unless it has been permitted prior by us in writing. In order to request such permission, please contact us at [email protected]. You shall not sell, rent, license, or otherwise use or exploit any Content for commercial use or in ways that violate any third party right.
4.5) USER CONTENT
All Content added, uploaded, submitted, created, distributed, or posted to the Services by users (collectively “User Content”), whether privately transmitted or publically posted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is up-to-date, accurate, complete, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is done so at your own risk and you will be wholly responsible for any damage or loss to you or any other party. We do not guarantee that any Content you access on or through the Services is accurate or will continue to be accurate.
4.6) LICENSE GRANT
By submitting User Content through the Services, you hereby grant and shall grant us a worldwide, perpetual, royalty-free, non-exclusive, fully paid, sublicensable and transferable license to use, modify, truncate, edit, aggregate, reproduce, distribute, prepare derivative works of, perform, display, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) through any media channels (including, without limitation, third party websites and feeds) and in any media formats, and including after termination of your account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, modify, truncate, edit, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after termination of your account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any copyrights, trademarks, privacy rights, publicity rights, contract rights, or any other intellectual property or proprietary rights.
4.7) CONTENT AVAILABILITY
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but are not obligated to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason and (ii) to delete or block any Content from the Services.
- SHARING CONTENT VIA SOCIAL MEDIA
Certain features of the Services enable you to share information with others, including through your own social networks or through other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Athlete CRUSH to share that information with the relevant Third Party Service (defined below). Please review the policies of any Third Party Services you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete the Content you redistribute, and you agree to edit or delete it promptly upon our request.
- RULES OF CONDUCT
6a) As a condition of use, you agree not to use the Services for any purposes prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
6b) You shall not personally, and shall not permit any third party to either (i) take any action or (ii) upload, download, submit, post, or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
6b.1) infringes any trademark, patent, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy below);
6b.2) you know is untruthful, false, misleading, or inaccurate;
6b.3) is unlawful, abusive, threatening, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by our sole discretion;
6b.4) constitutes unauthorized or unsolicited advertising, or is junk or bulk e-mail (“spamming”);
6b.5) contains software viruses, hacks or any other computer coding, files, or programs that are designed or intended to damage, disrupt, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any other third party;
6b.6) impersonates any person or entity, including any of our representatives or employees; or
6b.7) includes any person’s identification documents or sensitive financial information.
6c) You shall not: (6c.1) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately sizeable load on our (or our third party providers’) infrastructure; (6c.2) interfere or attempt to interfere with the proper working of the Services or any activities conducted using the Services; (6c.3) bypass, circumvent or attempt to bypass or circumvent any measures we may use to restrict or prevent access to the Services (or other accounts, computer systems or networks connected to the Services); (6c.4) run any form of auto-responder or “spam” on the Services; (6c.5) use any software (including manual or automatic software), devices, or other processes to “crawl” or “spider” any page of the Site; (6c.6) scrape or harvest any Content from the Services; or (6c.7) otherwise take any action in violation of our policies and guidelines.
6d) You shall not directly or indirectly: (6d.1) reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restrictions, (6d.2) translate, modify or otherwise create derivative works of any part of the Services, or (6d.3) rent, lease, copy, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by any and all applicable local, state, national and international laws and regulations.
6e) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe necessary to (6e.1) satisfy any applicable regulation, law, legal process or governmental request, (6e.2) enforce these Terms of Service, including investigation of potential violations hereof, (6e.3) prevent, detect, or otherwise address fraud, security or technical issues, (6e.4) respond to support requests from users, or (6e.5) protect the rights, property or safety of us, our users and the public.
- THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet (each a “Third Party Service”), and these other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so wholly at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the functions, content, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association between us and their operators. You further acknowledge and agree that we shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
We may terminate your access to all or to any part of the Services at any time, with or without notice, with or without cause, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, indemnity, warranty disclaimers, and limitations of liability.
- WARRANTY DISCLAIMER
9a) We have no unique or special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
9a.1) which users gain access to the Services;
9a.2) what Content you access via the Services; or
9a.3) how you may interpret or use the Content.
9b) You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the copyright compliance, accuracy or legality of material or Content contained in or accessed through the Services.
9c) THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, SUPPLIERS, AGENTS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE AVAILABLE OR SECURE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (III) ANY SOFTWARE OR CONTENT AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
9d) You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You shall indemnify, defend and hold harmless us, our affiliates and each of our and their respective employees, directors, contractors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will support and cooperate with us in asserting any available defenses.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, AGENTS, PARTNERS, EMPLOYEES, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY DATA LOSS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $100.00.
- COPYRIGHT DISPUTE POLICY
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf ). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
REPORTING COPYRIGHT INFRINGEMENT PROCEDURES:
If you believe that material or content residing on or accessible through our websites, application, or other services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- a) A signature (physical or electronic) of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- b) Identification of the works or materials being infringed;
- c) Identification of the material that is allegedly infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- d) Contact information about the notifier including their address, telephone number and e-mail address;
- e) A statement that the notifier has a belief in good faith that the material is not authorized by the copyright owner, its agent, or the law; and
- f) A statement made under the knowledge of penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
SUPPLYING A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the member, content provider, or user believes that the material that was removed or to which access was disabled is either not infringing, or the member, content provider, or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the member, content provider, or user must send a counter-notice containing the following information to the Designated Agent listed below:
- a) A signature (physical or electronic) of the content provider, member or user;
- b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- c) A statement that the content provider, member or user believes in good faith that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- d) The Content provider’s, member’s or user’s name, address, telephone number, and e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Athlete CRUSH is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it can be restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Athlete CRUSH at:
- GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Delaware.
We reserve the right, in our sole discretion, to replace or modify any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any content, feature, or database) at any time by posting a notice on the Site or by another appropriate means of electronic communication. We may also impose limits on certain services and features or restrict your access to parts or all of the Services without notice or liability. While we will provide notice of modifications in a timely manner, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
15a) ENTIRE AGREEMENT AND SEVERABILITY
These Terms of Service are the entire agreement between you and us with regards to the Services, including use of the Site, and supersede all prior or contemporaneous oral, written, or electronic communications and proposals between you and us with respect to the Services. If any provisions of these Terms of Service are found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain enforceable and in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
15b) FORCE MAJEURE
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any causes beyond our reasonable control, including, without limitation, electronic, mechanical or communications failure or degradation.
These Terms of Service are personal to you, and are not transferable, assignable, or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, joint venture, partnership, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect or way.
Unless otherwise specified and outlined in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
15d) NO WAIVERS
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to enforce that or any other part of these Terms of Service later. Waiver of compliance in any particular instance does not mean that we will waive again compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The sections and paragraph headings used in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address:
Athlete Crush Inc. 1438 Germantown Avenue, Philadelphia, PA, 19122
EFFECTIVE DATE OF TERMS OF SERVICE:
May 1st, 2016