Terms of Service – iOS application
Athlete CRUSH Inc. Terms of Serviceand End User License Agreement
Effective Date: June 18th, 2018
Last Updated Date: June 18th, 2018.
Thank you for your interest in Athlete CRUSH Inc. Before you get started please view the Terms of Serviceoutlined below. You can find this Athlete CRUSH Inc. Terms of Serviceand End User License Agreement (the “Terms”) on the Athlete CRUSH Inc. mobile app under “Settings” and in the footer of the Athlete CRUSH Inc. website available at www.athletecrush.com. If you have any questions about these Terms, please email [email protected].
The term “Athlete CRUSH Inc. App” or “App” refers to the Athlete CRUSH Inc. social media platform, including the website located at www.athletecrush.com, and the Athlete CRUSH Inc. iOS, Android, and other mobile applications, services, webpages or online properties offered by Athlete CRUSH Inc.
The terms “We” and “Us” refer to Athlete CRUSH Inc. and its affiliated entities.
The term “You” refers to you.
The Athlete CRUSH Inc. App is offered for free to users, with the voluntary option of opting in to paid premium services.
1) Highlights andKey Terms
The following highlights are provided for your benefit only and do not constitute binding provisions of these Terms. As outlined in more detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
- The Athlete CRUSH Inc. App is licensed, not sold, to you, and you may use the Athlete CRUSH Inc. App only as set forth in these Terms;
- The use of the Athlete CRUSH Inc. App may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and excess data charges, which are your sole responsibility;
- We provide the Athlete CRUSH Inc. App to you on an “as is” basis without warranties of any kind and our liability to you is limited;
- Disputes arising between you and us will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, AS PROVIDED IN GREATER DETAIL IN SECTION 19BELOW, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION;
- If you are using the Athlete CRUSH Inc. App on an iOS-based device, then you acknowledge and agree to the “Notice Regarding Apple,” below; and
- If you post any Objectionable Content (defined in Section 12 below) on the Athlete CRUSH Inc. App, then we may – but have no obligation to – take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 7.1 below), removing all of your content from the Athlete CRUSH Inc. App and/or reporting you to law enforcement authorities, either directly or indirectly.
The Athlete CRUSH Inc. App is based in the United States. It is not designed or customized for any other country. You may use the Athlete CRUSH Inc. App only if it fully complies with the laws of the country from which you are accessing the Athlete CRUSH Inc. App.
The Athlete CRUSH Inc. App is designed for use for people aged 13 years or older. Your use of the Athlete CRUSH Inc. App indicates that you are at least 13 years old. If you are under 18, you must have a relevant parent or guardian look at and agree to these Terms and supervise your use of the Athlete CRUSH Inc. App. Parents and Guardians who choose to allow a child to use the Athlete CRUSH Inc. App agree that their child is at least 13 years old and that they will monitor the child’s use of the service. We encourage you to use hardware and software filtering services to help protect the information your child may be exposed to (e.g., swearing). If you are aged 18 years or over you are responsible for your own conduct and usage of the Athlete CRUSH Inc. App and agree to abide by the Terms set out in this document.
4) The Terms
These Terms are a legally binding contract between you and us, so please read them carefully. By accessing and/or using the Athlete CRUSH Inc. App, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, then you may not use the Athlete CRUSH Inc. App. Please delete it and do not visit the website.
We may change these Terms at any time, for any reason at our sole discretion and without notice. The current Terms will be posted on the Athlete CRUSH Inc. App, and we’ll announce any material changes to you. If you continue to use the Athlete CRUSH Inc. App after the effective date of a change to the Terms, that means you’ve accepted and agree to the changed terms. If you object to any of the changes, then your sole recourse is to stop using the Athlete CRUSH Inc. App. Notwithstanding the preceding sentences of this Section 4, no revisions to these Terms will apply to any dispute between you and us that arose prior to the date of such revision.
We may also change, suspend or discontinue any aspect of the Athlete CRUSH Inc. App or any of its features, functions or content at any time, without notifying you or getting your approval.
6) Mobile Services
Certain Athlete CRUSH Inc. App services may be accessible via a mobile phone, tablet, or other wireless device (“Mobile Services”). Your mobile carrier’s normal messaging and data charges, and other rates and fees will apply to your use of the Mobile Services and these are your sole responsibility. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Athlete CRUSH Inc. App and the related Mobile Services must be in accordance with these Terms.
You must register an account (“Sign Up”) on the Athlete CRUSH Inc. App (an “Account”) before you can use the full functionalities of the Athlete CRUSH Inc. App, including posting User Content. We do offer a “Preview as a Spectator” mode which lets you browse the App for twenty (20) swipes, but does not allow you to post or give you access to the whole Athlete CRUSH Inc. App.
7.1) Account Termination: Your Athlete CRUSH Inc. App account can be cancelled at any time, for any reason or no reason – by either you or us. If you no longer wish to use Athlete CRUSH Inc., please delete your account in the App and/or contact customer support at [email protected].
Any decision by us to terminate or suspend your account, limit your access to anything on the Athlete CRUSH Inc. App, change eligibility criteria, remove your User Content or deny access, is allowable and subject to our sole and complete discretion and without any liability to you. Usually this may occur due to misuse of our services, such as a violation of these Terms, violation of the rights of a third party, or some activity that may cause harm to us, you or other users of the Athlete CRUSH Inc. App.
8) Stay In Control
Please keep control of your login, password and other account information, and don’t give them to anyone else. If you let anyone else log in to the Athlete CRUSH Inc. App as you, then as far as we are concerned it is you. If theydo something wrong, you will beresponsible for theiractions under your login/password and any harm that may result.If you think someone may have stolen your login, or otherwise hacked your account, let us know right away by contacting us at [email protected].
9) Names & Screen Names
When you join, you’ll be asked to enter your real name; or select a screen name to identify you on Athlete CRUSH Inc. When you select a screen name, the following rules apply:
- Be a good sport. Don’t include references to illegal behavior, obscenities, or anything that others might reasonably find abusive. Basically, don’t use names you wouldn’t tell your mum.
- Be yourself. Actually yourself. That means don’t pretend you are someone else, such as a well-known athlete or celebrity.
- Don’t use anything (names, companies, brands) to which you don’t have the rights, proprietary terms, or trademarks.
We have the right to review, edit, reject, or delete any screen name, but we are not obligedto. We pay attention, but we can’t be awake 24/7, so the fact that a screen name gets displayed on the Athlete CRUSH Inc. App doesn’t necessarily mean we approve of it.
You grant us a royalty-free license to use your screen name, image, voice, and likeness to identify you as the source of any of your User Content.
10) Our License to You
The Athlete CRUSH Inc. App is licensed, not sold, to you for use only under these Terms. Wholly subject to your complete and ongoing compliance with these Terms, we hereby grant you a personal, limited, revocable, non-transferable license to access and use the Athlete CRUSH Inc. App.
When we refer to “content,” we mean everything you can see or hear on the Athlete CRUSH Inc. App including, but not limited to: pictures, video, audio, articles, features, graphics, messages, posts, comments, user names, tags, files, software, and interactive features. There are two types of content on the Athlete CRUSH Inc. App: a) what we (or our advertisers and partners) post, and what our users post.
10.1) Our Content: Everything that we put on the Athlete CRUSH Inc. App is owned by us or by one of our licensors or partners. This content is protected by copyright laws, trademark laws, and various other laws. Using the Athlete CRUSH Inc. App does not give you ownership of any of that, in any way. We do, however, give you permission to use it on the Athlete CRUSH Inc. App, but only while you are there and for the permitted activities you might do there, and only for your personal, non-commercial use.
Our users are permitted to comment on, interact with, and share all of the content we post so long as this is done within the Athlete CRUSH Inc. App, or through the designated share buttons included within the App that link to other platforms. This is permissible as long as your actions do not violate in anyway the rights of us or other users. You agree that you will not copy, upload, re-publish, broadcast, transmit, retransmit, post, create derivative works of, publicly perform, publicly display, distribute or use for any commercial purpose our name, logos, service marks or trademarks (or any colorable imitation of any of these), or the names, nicknames, images, likenesses or other attributes of Athletes or Fans without our prior express written permission or as expressly permitted by the features of the Athlete CRUSH Inc. App. When we use the term “commercial,” it includes activities related to selling, renting, licensing, marketing, advertising, receiving compensation or seeking money for or exploiting any product, service or organization. We or our licensors or service providers own all design rights, databases and compilation and other intellectual property rights in and to the Athlete CRUSH Inc. App, in each case whether registered or unregistered, and all related goodwill.
10.2) Trademarks:Our trademarks, service marks, and logos (the “Athlete CRUSH Inc. Trademarks”) used and displayed on the Athlete CRUSH Inc. App are our registered and unregistered trademarks. Other product and service names located on the Athlete CRUSH Inc. App may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Athlete CRUSH Inc. Trademarks, the “Trademarks”). You may not remove, cover or distort, any Trademarks identifying the ownership or origin of any of our content. All goodwill generated from the use of any Athlete CRUSH Inc. Trademark will inure solely to our benefit. There are no implied licenses in these Terms to use the Trademarks without authorization.
11) User Content
All content that is posted to the Athlete CRUSH Inc. App by a user – including you (“User Content”) – is the sole responsibility of the user who created it and/or from whose account it was posted. The User Content you post on the Athlete CRUSH Inc. App is public.
For everything you might contribute to the Athlete CRUSH Inc. App, you retain ownership of it, but you irrevocably give us (and our affiliates, representatives, sublicensees and assigns) the worldwide, unrestricted, assignable perpetual, unlimited, royalty-free, fully paid-up right and sublicensable license to use your User Content in any manner, including, by way of example and not limitation, to distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and create derivate works of such User Content, for any purpose and in any medium, whether now known or later developed, world-wide, including on a for profit basis.
We have no obligation to keep using or displaying your User Content on the Athlete CRUSH Inc. App, but if we choose to we can do so for as long as we deem fit. We also retain the right to use this content in other ways – for example, we might develop new features on the Athlete CRUSH Inc. App, or develop commercial products for sale, that are based on ideas or suggestions contained in posts by you or other users, and we have no obligation to compensate you for such use or even notify you of such use. We might also highlight your User Content, change it, incorporate it into other content, use it in contests, quizzes, or sweepstakes, display advertisements (including targeted ads) in connection with your User Content and to use your User Content for advertising and promotional purposes, and/or post or use it in any medium (inside and outside of the Athlete CRUSH Inc. App), in consideration for us granting you access and use of the Athlete CRUSH Inc. App but without any additional compensation to you.
We own all rights, titles, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Content (but we do not own your original User Content). When you use a feature on the Athlete CRUSH Inc. App that allows users to share, transform, readapt, modify, or combine User Content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual right and license applicable worldwideto use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your User Content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section 11 will survive the termination of these Terms.
You represent and warrant that a) you have the right to use, share and license to us all User Content that you post or provide on the Athlete CRUSH Inc. App, including the right to license to us the right to use the content as contemplated in these Terms; b) that such User Content does not and will not infringe, violate or misappropriate the rights of anyone or violate the law; c) that the posting of your User Content on the Athlete CRUSH Inc. App will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and d) the posting of your User Content on the Athlete CRUSH Inc. App does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your posting your User Content on the Athlete CRUSH Inc. App, so do not contribute or post any confidential, defamatory, commercially sensitive, secret, or proprietary content. You agree that you are solely responsible for all of your User Content, and we are not responsible for any loss, theft or damage to, or caused by, your User Content or any other User Content.
We have no obligation to preserve, review, host, display or maintain any content posted by you or any other user. We reserve the right to reject or remove it from the Athlete CRUSH Inc. App at any time, for any or no reason, and without notifying the user who posted it. We reserve the right to monitor all content posted to the Athlete CRUSH Inc. App, and to take down anything we think should come down, with or without notice, and without any liability to you, but we don’t have to monitor content or remove any User Content except as required by law. We strive to keep the platform positive, but we are notresponsible for anything another user may post to the Athlete CRUSH Inc. App. If you see something posted that you find improper or offensive, please report this to us by clicking on the “envelope and three dots”icon in the top right-hand corner of the specific post and then click on the “Report” button. We also encourage you to cease following and looking at such content immediately.
All content and materials provided on the Athlete CRUSH Inc. App are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. You rely upon any User Content at your sole risk.
12) Rules and Content Boundaries
The Athlete CRUSH Inc. App offers numerous services and lots of opportunities for you to interact with others. Those activities and tools are offered for your personal information and entertainment. We want to keep this site fun for all participants. Please use them only for that purpose.
Post or transmit anything that is inappropriate for a family site (“Objectionable Content”) – this includes:
- Obscenities, references to illegal behavior, sexually explicit, vulgar, violent or pornographic content, anything others might reasonably find to be threatening, abusive, disrespectful, defamatory, denigrating, derogatory, racist, sexist, hateful, embarrassing, bullying, discriminatory, or inflammatory.
Post or transmit anything you don’t have the right to use – this includes:
- Other people’s private and confidential information, such as credit card numbers, street address, telephone number, email address, or Social Security/National Identity numbers, without their express authorization and permission, intimate photos or videos, particularly if taken or distributed without the subject’s consent, content that infringes on, invades the privacy of, or violates the rights of another or anything that is false, deceptive or misleading.
Do not post or transmit ads or commercial messages (including promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other solicitation), or use the Athlete CRUSH Inc. App to send emails or other communications to persons who have requested that you do not send them communications.
Do not make unauthorized copies or derivative works of any content made available on or through the Athlete CRUSH Inc. App. Do not impersonate anyone (real or fictitious), including in a manner that does or is intended to mislead, confuse or deceive others, misrepresent your affiliation with any person or business or provide any false information to us. Do not create a new account with Athlete CRUSH Inc., without our express written consent if we have previously disabled an Account of yours. Do not solicit, or attempt to solicit, personal information from other users of Athlete CRUSH Inc.,download or summarize or abstract the Athlete CRUSH Inc. App or any of its content for use anywhere else, except through the Athlete CRUSH Inc. App’s officially designated “Share” buttons (subject to the restrictions discussed elsewhere in these Terms). Do not try to hack the Athlete CRUSH Inc. App, or access anything you are not supposed to, like other user data, for example (including data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Athlete CRUSH Inc. App, our network or databases). Do not post or transmit spam or anything that might overburden, restrict, disrupt, circumvent the security measures of or harm the Athlete CRUSH Inc. App – files too large for the infrastructure to handle, viruses, Trojans, bots, adware, malware, spyware, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment, and so on.Do not use the Athlete CRUSH Inc. App for any unlawful purpose or in furtherance of illegal activities, or to engage in targeted abuse, stalking or harassment.
Do not violate any local, state, national, or international law or regulation, or disobey any requirements, procedures, policies, or regulations of networks connected to the Athlete CRUSH Inc. App or assist or cause others to do or say anything that you are prohibited from doing or saying under these rules.
You agree not to use the Athlete CRUSH Inc. App to do any of the conduct listed in the above bullets. If you do any of these things, or if you do anything else that we think interferes with the ability of other people to enjoy the Athlete CRUSH Inc. App, we have the right to ban you from the Athlete CRUSH Inc. App and take any other action we believe is appropriate. International users (outside of the USA) must comply with all local laws regarding online conduct and acceptable content.
13) External Sites
The Athlete CRUSH Inc. App may contain links and pointers to other internet sites and resources, like e-commerce sites, games or sweepstakes, or just other informational sites (collectively, “External Sites”). These are provided for your convenience, and we don’t necessarily endorse them or guarantee their availability, accuracy, legality, performance or safety. If you choose to follow any links to External Sites, then you proceed at your own risk. Such External Sites are not endorsed, sponsored, administered or operated by us, and you agree that we will not be liable for, and you (or anyone on your behalf) will not assert any claims, demands, causes of action, losses, liabilities, damages or judgments against us arising out of or in connection with the External Sites, including any promotion, advertisement, operation, entries or prizes in connection therewith.
You’ll have the ability to share links to Athlete CRUSH Inc. App content. Links should never be relabeledor edited, for example, so as to suggest any sponsorship or affiliation between you and us, nor should any accompanying material make any such suggestion. We have the sole and exclusive right at any time and for any reason to require that any link to the Athlete CRUSH Inc. App be modified or removed.
We welcome feedback, comments and suggestions from our users. If you choose to contribute by sending us, our employees or our partners any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will strictly apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
We have no obligation to read, review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any manner; and
You irrevocably grant us perpetual and unlimited permission to use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
15) Votes; Contests; Sweepstakes
You may have opportunities to vote or enter contests, quizzes and sweepstakes on the Athlete CRUSH Inc. App. You may also have opportunities to enter giveaways on the Athlete CRUSH Inc. App. By participating in any of these, you agree to the terms set forth below as well as any other terms and conditions we may post in respect to such contest or sweepstakes. In addition, we may conduct programs that do not require sign-up or registration, in which we provide you with a gift or giveaway, for example, as a “thank you” for a post, and/or feature or highlight your post or User Content. You agree that we may conduct these programs and use your User Content and/or posts for them as provided for in these Terms.
All registered App users will receive Points in accordance with the section CRUSH Points below. Eligible entrants will be ranked on the Season, Weekly, and Daily Leaderboards by their CRUSH Points earned during the respective timeframe. We may in our absolute discretion disqualify any entrant who submits multiple entries, or tampers with, or benefits from tampering with, the entry process or fair conduct of the competition. During registration, you may refer the App to your contacts via the invite functionality. If you refer a friend, you warrant that you obtained your friend’s consent to do so. You indemnify us against any claims by third parties for your failure to do so.
16.1) CRUSH Points: You can score points based upon the various actions you perform while using the App as specified below. Points are likely to change as more features are added to the App.
|CRUSHing||1||11 points Per hour|
|Registration in application||3||One time only|
|Rate the app||55||One time only|
|Using a unique code during registration||11||One time only|
|Inviting new users||31||No restriction|
|Starring (Following) other users||3||33 points Per hour|
|Uploading content||5||55 points Per hour|
Our decisions on all aspects of these points are final and no correspondence will be entered into, including decisions regarding the number of points that you may have earned. Your positions for each specified period will appear on the App’s Leaderboard.
16.2) Timeframe:The Leaderboard will reset at the start of each time period. Daily time periods runs from 6:01pm (EST) to 6:00pm (EST); weekly time period run from 6:01pm (EST) Monday to 6:00pm (EST) Monday; and yearly time periods run from 6:01am (EST) January 1st, to 6:00pm (EST) December 31st.
Points are used to identify prize winners. Prizes are announced in the App and will be awarded to the Eligible Entrant who earns the most points for that particular time period, excluding any entrant who is ineligible to win the prize. This contest subsequently is referred to as the “Promotion”.
App Leaderboard positions may not give a true indication of the prize winners, as they rank all users, not just eligible entrants.
16.3) Contest Rules: Winners will be notified by email within three (3) days of being determined, and their registered name will be published on our social media channels. Prizes that remain unclaimed three weeks after the winner was notified are forfeited. We will make all reasonable efforts to notify the winners.
- Entry is open to registered Athlete CRUSH Inc. App users aged 18 years and over and is open to United States and Canada residents only.
- Athlete CRUSH may, in their complete discretion, refuse to award, amend or cancel the prize usage by any person at any time for any reason. Any changes to the competition or prize will be notified to the entrants as soon as possible by the Promoter.
- Athlete CRUSH is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- Prizes are subject to availability and Athlete CRUSH reserves the right to substitute any prize with another of equivalent value without giving notice.
- Athlete CRUSH’s decisions in respect of the competition are final and no correspondence will be entered into.
- The winner agrees to the use of his/her name and image in any publicity material.
- If the winner cannot be contacted or does not claim the prize within 14 days of notification, Athlete CRUSH reserves the right to withdraw the prize and pick a replacement winner.
- Entering the competition means you accept these terms and conditions.
- Prizes may vary.
Athlete CRUSH reserves the right, at any time, to verify the validity of entries and entrants – including an entrant’s identity, age and place of residence, and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions. Failure by Athlete CRUSH to enforce any of its rights at any stage does not constitute a waiver of those rights.
If any prize becomes unavailable, Athlete CRUSH in its absolute discretion, reserves the right to substitute the prize with another of equal value and/or specifications.
Prizes are not exchangeable and cannot be taken as cash.
Entrants consent to Athlete CRUSH using their name, likeness, image and/or voice in the event they are a winner (including photos, film and/or recordings) in any media for an unlimited time without remuneration for the purpose of promoting this competition and any services supplied by Athlete CRUSH.
Any costs associated with accessing these promotions and the App is the entrant’s full responsibility and is dependent on the Internet and mobile service provider used.
Except for any liability that cannot be excluded by law, Athlete CRUSH (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Athlete CRUSH’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Athlete CRUSH) due to any reason beyond the reasonable control of Athlete CRUSH; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) the prize.
Athlete CRUSH may, for an indefinite period unless otherwise advised, use the information for promotional purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to Athlete CRUSH by emailing [email protected] All entries become the property of Athlete CRUSH.
17) Limitation of Warranties and Remedies
THE FOLLOWING TERMS IN THIS SECTION 17APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
We want the Athlete CRUSH Inc. App to be an entertaining and inspiring place, but we provide it “as is.” That means that we make no promises that the Athlete CRUSH Inc. App is accurate, complete, reliable, current, secure or error-free; that it will operate or be accessible without interruption; or that the Athlete CRUSH Inc. App will be free from viruses or other harmful components. We also do not verify, endorse or undertake to exert editorial control over anything posted by other users. It is your responsibility, and not ours, to review the information on the Athlete CRUSH Inc. App, determine its completeness, effectiveness, accuracy and suitability for your use and pay for any damage resulting from such use. You use the Athlete CRUSH Inc. App completely and wholly at your own risk.
YOU ACKNOWLEDGE AND AGREE THAT: (A) YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ATHLETE CRUSH INC. APP IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE ATHLETE CRUSH INC. APP; (B) THE ATHLETE CRUSH INC. APP AND OUR CONTENT IS PROVIDED “AS IS,” YOUR USE ON THE ATHLETE CRUSH INC. APP AND/OR ANY OF ITS CONTENT AND/OR DATA ARE SOLELY AT YOUR OWN RISK AND YOU WILL SOLELY BE RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM; AND (C) WE AND OUR RESPECTIVE AFFILIATES, MEMBERS, TRUSTEES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, AND TOGETHERWITH US, THE“ATHLETECRUSH INC. PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, TO THE FULLEST EXTENT UNDER THE LAW, (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE ATHLETE CRUSH INC. APP). THE ATHLETE CRUSH INC. PARTIES DO NOT WARRANT THAT THE ATHLETE CRUSH INC. APP WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS IN THE ATHLETE CRUSH INC. APP OR CONTENT, INCLUDING USER CONTENT, WILL BE CORRECT OR CORRECTED, OR THAT THE DATA, INFORMATION AND/OR CONTENT (INCLUDING THE ACCURACY OR RELIABILITY THEREOF) OBTAINED ON OR THROUGH THE ATHLETE CRUSH INC. APP IS APPROPRIATE FOR ANY PURPOSE. NO STATEMENTS MADE BY ANY OF THE ATHLETE CRUSH INC. PARTIES TO YOU, OR OTHERWISE OBTAINED THROUGH THE ATHLETE CRUSH INC. APP WILL CHANGE THIS DISCLAIMER OR CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WILL ANY OF THE ATHLETE CRUSH INC. PARTIES BE LIABLE (UNDER ANY THEORY OF LIABILITY) FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, AND EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE OF, ACCESS TO, RELIANCE UPON, CONTENT OF, SECURITY OF, OR INABILITY TO USE THE ATHLETE CRUSH INC. APP OR ANY PART OF IT. WITHOUT LIMITING ANY OF THE FOREGOING, YOU AGREE THAT NONE OF THE ATHLETE CRUSH INC. PARTIES SHALL BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY (1) SHOULD WE MODIFY OR DISCONTINUE THE ATHLETE CRUSH INC. APP; (2) FOR REMOVING YOUR USER CONTENT OR ANY OTHER CONTENT (AT ANY TIME) OR SUSPENDING, LIMITING, REFUSING OR TERMINATING YOUR ACCESS TO THE ATHLETE CRUSH INC. APP (OR ANY CONTENT OR OTHER PORTION THEREOF); (3) FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD; AND (4) FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE, INCLUDING THROUGH LINKS FOUND ON THE ATHLETE CRUSH INC. APP.
IN ANY CASE, OUR MAXIMUM LIABILITY FOR ANY CLAIM YOU MAY HAVE AGAINST ANY OF THE ATHLETE CRUSH INC. PARTIES ARISING OUT OF OR IN CONNECTION WITH THE ATHLETE CRUSH INC. APP OR USE THEREOF IS U.S. $100 OR THE MINIMUM PERMITTED BY LAW.
18) Indemnification by You
To the fullest extent permitted by law, you agree to indemnify, defend and hold the Athlete CRUSH Inc. Parties harmless and free from responsibility from and against all claims, actions, liabilities, damages and expenses (including court costs, legal fees, and amounts paid in settlement) arising out of or relating to: (A) your use of the Athlete CRUSH Inc. App (including any third party claim that any of the User Content posted by you or your account infringes any third party proprietary right); and/or (B) any actual or alleged violation of these Terms by you. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case, you agree to cooperate with our defense). You are solely responsible and liable for: (i) any breach of your representations, warranties, covenants or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by us or third parties; (ii) all activities that occur under your registration or account to the Athlete CRUSH Inc. App; and (iii) any actions and omissions by any of your personnel and/or other persons and entities under your control or supervision.
19) How Disputes Are Resolved and What Law Applies
When you accept these Terms, you and we are entering into a binding contract. That contract and our relationship with one another arising from your use of the Athlete CRUSH Inc. App will be governed by the laws of the State of Delaware (USA) applicable to contracts entered into and performed exclusively in that State.
If you and we have any sort of legal dispute or claim arising out of or relating to your use of the Athlete CRUSH Inc. App, and it can’t be resolved by friendly discussion, then you agree that it will be submitted to final and binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Athlete CRUSH Inc. App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
19.1) Exceptions:Notwithstanding the language above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (A) bring an individual action in small claims court; (B) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (C) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (D) to file suit in a court of law to address an intellectual property infringement claim.
19.2) Arbitration Rules:Arbitration under these Terms will be conducted in Delaware (USA), under the Commercial Arbitration Rules then in effect of the American Arbitration Association, by a single arbitrator selected under such rules. The arbitrator will have full power to subpoena and to fashion appropriate remedies, including to grant equitable, injunctive and/or declaratory relief. Neither punitive damages nor trebled or otherwise escalated damages shall be awarded. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement thereof as the law of such jurisdiction may require or allow. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
19.3) Notice; Process:A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Our address for Notice is: P.O. Box 373, Pine Valley, California 91962, Attn: Rick Chapo. The Notice must: (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by us prior to selection of an arbitrator, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; or (iii) $5,000.
19.4) Fees:If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $5,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (A) solely on the basis of documents submitted to the arbitrator; (B) through a non-appearance based telephone hearing; or (C) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.5) No Class Actions:YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this subsection is found to be unenforceable or if the entirety of this Section 19is found to be unenforceable, then the entirety of this Section 19will be null and void.
19.6) Modifications to this Arbitration Provision:Except as otherwise provided in these Terms, if we make any future change to this arbitration provision, other than a change to our address for Notice, then you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the Athlete CRUSH Inc. App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If disputes arise between you and anyone other than us (including other users), we have no obligation to participate or assist either party.
20) Notice and Procedure for Making Claims of Infringement and Regarding the Digital MillenniumCopyright Act (DMCA)
Digital Millennium Copyright Act Policy
We respect the intellectual property rights of others just as we expect others to respect our rights. Accordingly, we have a policy of removing user content that violates copyright law, suspending access to the Athlete CRUSH Inc. App (or any portion thereof) by any user who uses the Athlete CRUSH Inc. App in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Athlete CRUSH Inc. App in violation of copyright law. These policies may apply to other forms of infringement. If you believe a user of the Athlete CRUSH Inc. App is infringing your copyright, trademark or other intellectual property right, please provide written notice to our Designated Agent. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent. We have designated Rick Chapo to the U.S. Copyright Office as the agent to receive notifications of claimed infringement relating to this Athlete CRUSH Inc. App (the “Designated Agent”). As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3). You should consult with your own lawyer and/or see 17 USC §512 to confirm your obligations to provide a valid notice of claimed infringement.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.
P.O. Box 373
Pine Valley, California 91962
Phone: (800) 804-7260
Email: [email protected]
Counter Notification – Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
- Email your counter notice to our DMCA Agent:
P.O. Box 373
Pine Valley, California 91962
Phone: (800) 804-7260
Email: [email protected]
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Our Business Address:
Athlete CRUSH Inc.
1438 Germantown Avenue
Philadelphia, PA, 19122
Athlete Crush App
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Designated Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question. We may also terminate the accounts of users at any time, without notice and without liability to you, in our sole discretion, including for violations of these Terms.
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Athlete CRUSH Inc. App constitutes your acceptance signature to these Terms. AT OUR DISCRETION, WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (A) VIA EMAILIF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (B) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Athlete CRUSH Inc. App.
22) Additional Applications
We may offer additional software applications to help you gain access to the Athlete CRUSH Inc. App. In such circumstances, we will grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the Athlete CRUSH Inc. App. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation. Please note that certain retail application stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications from such merchants. Our software is offered solely to individuals for personal, non-commercial use. Users acquire the software with only those rights set forth herein. Your use of the software must comply with all applicable laws and regulations of the United States and any other applicable jurisdictions.
You may not copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicense or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Athlete CRUSH Inc. App or out networks. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
23) Term and Termination
As between you and us, the term of these Terms commences as of your first access or use of the Athlete CRUSH Inc. App and continues until the termination of the Terms by either you or us. Any rights and obligations created by these Terms and which by necessary implication continue after expiration or termination, including any provisions relating to ownership and/or your licensing to us of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue, jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the services or content, will survive any termination or cancellation of these Terms, the Athlete CRUSH Inc. App or your registration. If any portion of any term in these Terms is declared unlawful, void or for any reason unenforceable by any court or arbitration panel, then all other terms will remain in effect and you agree that the court or arbitrator should endeavor to give effect to the intentions of us and you as reflected in these Terms; but, if such endeavor is impossible, then such portion will be deemed severable from the remaining term(s) and will not affect the validity and enforceability of such remaining terms.
The section headings in these Terms are for convenience only and must not be given any legal import. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms, and our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of Athlete CRUSH Inc. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in these Terms are reserved to us. You agree that we may assign or sublicense any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign them to any third party. For purposes of these Terms: (A) if you are accessing the Athlete CRUSH Inc. App as an employee or representative of a company or organization, these Terms are binding upon both you individually and that company or organization, and references to “you” shall apply to you individually and such company or organization; (B) any form of the word “include” shall be considered to be followed by the words “without limitation”; and (C) whenever you are restricted from taking any action hereunder, you are also restricted from directly or indirectly authorizing, permitting or cooperating with a third party or affiliate to take such action. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Athlete CRUSH Inc. App, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. You also agree to abide by the terms of any agreement to which you agree when downloading any software that we make available through the Athlete CRUSH Inc. App and/or when using particular elements of the Athlete CRUSH Inc. App (e.g., terms specific to a provider or relating to payment).
25)NOTICE REGARDING APPLE. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Athlete CRUSH Inc. App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Athlete CRUSH Inc. App. In the event of any failure of the Athlete CRUSH Inc. App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Athlete CRUSH Inc. App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Athlete CRUSH Inc. App. Apple is not responsible for addressing any claims by you or any third party relating to the Athlete CRUSH Inc. App or your possession and/or use of the Athlete CRUSH Inc. App, including, but not limited to: (A) product liability claims; (B) any claim that the Athlete CRUSH Inc. App fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Athlete CRUSH Inc. App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Athlete CRUSH Inc. App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If we provide a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
Terms of Service – Website
- 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