AN INSIDE CRUSH TERMS OF SERVICE


 

These Terms of Service (the “Terms”) govern your use of all websites and mobile applications owned or operated by An Inside Crush (“AIC we or us”), including the website located at www.aninsidecrush.com (the “Site”) and any other websites, applications, interactive features, widgets and resources offered by AIC through Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “AIC Service” or “Service”).  Please read these Terms carefully.  By using the AIC Service, you affirm that you have read and understand, and agree to be bound by, these Terms.  If you do not agree to these Terms, you may not use the AIC Service.

 

THESE TERMS REQUIRE BINDING ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. 

 

Your use of certain portions of the Service may be subject to additional terms and conditions ("Additional Terms").  In particular, our terms for pricing, shipping, cancellation, and returns are available here.  Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service.  By using that portion of the Service, you agree to the Additional Terms.

 

1.         Your Responsibilities.

Payment.  You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You may not resell any products purchased through or via the Service for commercial purposes.

Registration and Account Information.  You must register with us in order to access some features of the AIC Service, including to sign up for a subscription.  When you register, AIC collects certain personal information about you.  Because the protection of your personal information is important to us, we will only use information we obtain about you in accordance with AIC’s Privacy Policy.  You agree that you will: (a) provide true, accurate, current and complete information when prompted (e.g., at registration) and (b) maintain and update such information so that it is true, accurate, current, and complete at all times.  You are responsible for obtaining and maintaining any equipment and services needed in order for you to access and use the AIC Service and for paying all related charges. 

As part of the registration process, you may be asked to select a username and password. AIC may refuse to grant you a username or revoke your username for any reason in its sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion.  You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party.  YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.  AIC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.

Community Protections. 

We value the integrity of the AIC community.  To protect the community, you agree not to use the AIC Service to:

 

(a)            violate any local, state, national or international law or regulation;

 

(b)            transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

(c)            transmit any material that you know to be false, inaccurate, or misleading;

 

(d)            stalk, harass, bully, or harm another individual;

 

(e)            transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;

 

(f)             knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

(g)            defeat or interfere with any security feature of the AIC Service, or attempt to do so;

 

(h)            impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

 

(i)             interfere with or disrupt the AIC Service or servers or networks connected to the AIC Service, or disobey any requirements, procedures, policies or regulations of networks connected to the AIC Service; or

 

(j)             alter or modify any content or component of the AIC Service, other than content you have posted using the AIC Service. 

 

You further agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the AIC Service.  AIC reserves the right to revoke these exceptions either generally or in specific cases.

 

2.         Ownership of AIC’s Content; Restrictions on Use.

 

The content on the AIC Service, other than “User Submissions” (as defined below), including, without limitation, forms, photos, clips, videos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and the “An Inside Crush” word mark, as well as certain other of the names, logos and materials displayed on or through the AIC Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by or licensed to AIC and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.  You agree not to reproduce, copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the AIC Service or any portion of the AIC Service, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise intended or authorized by AIC and its applicable licensors. 

 

The AIC Service is provided for your personal, non-commercial use only.  You must abide by all copyright notices, trademark notices, information and restrictions contained in or associated with any Content.  You must not remove, alter, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure associated with the Content.

 

3.         User Submissions

The AIC Service may enable you to post and share textual comments, photos, videos, clips and/or audio recordings, and other content in publicly accessible portions of the AIC Service (collectively, the “User Submissions”).

 

When you post or provide AIC with a User Submission, you grant to AIC and its affiliates, partners, representatives, and their successors and assigns, a non-exclusive, fully-paid, royalty-free, transferable, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereafter created, for any purpose. 

 

You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Submissions.  Because of the viral nature of social media, you should not submit any content to the AIC Service that you do not want to be viewed by others.

 

AIC reserves the right to display advertisements in connection with, and/or based upon, your User Submissions and otherwise in connection with the AIC Service.

 

You represent and warrant that: (a) you own all rights in your User Submissions or, alternatively, you have acquired all necessary permissions and rights in your User Submissions to enable you to grant to AIC the rights in your User Submissions described herein; and (b) your User Submissions do not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party. 

 

You acknowledge that AIC does not necessarily pre-screen any User Submissions uploaded by you or other users of the AIC Service but that AIC may pre-screen, or review after initial posting, your User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms.  AIC shall have the right in its sole discretion to refuse or remove any User Submissions as well as terminate your access to the AIC Service for any reason or no reason.  AIC disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against AIC with respect to such User Submissions.

 

4.         Feedback.

 

You agree that AIC and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback (“Feedback”), about the Site or the Services including Feedback that you send to AIC or its affiliates.  You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that AIC has no duties to you (including any duty to compensate you), with respect to such Feedback. 

 

5.         Infringement Notice Procedures – Copyrights and Trademarks

 

5.1       Copyright Infringement Notification.  AIC respects the intellectual property rights of others.  Upon proper notice, AIC will remove or disable access to User Submissions that violate copyright law, and may suspend access to the AIC Service (or any portion thereof) of any user who uses the AIC Service in violation of copyright law and may terminate the accounts of repeat infringers. 

 

AIC has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with such law.

 

If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send AIC‘s copyright agent a Notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit AIC to locate the material on the AIC Service; (c) information reasonably sufficient to permit AIC to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.  Please provide us with a Notification that includes all of the above enumerated information and e-mail or mail it to the following AIC copyright agent:

 

An Inside Crush

1230 Rosecrans Avenue, Suite 300

Manhattan Beach, CA 90266

Attn:  Copyright Agent

 

E-mail: intellectualproperty@aninsidecrush.com

 

By submitting a Notification, you acknowledge and agree that AIC may forward your Notification and any related communications to any users who posted the material identified in such notice.

 

Please do not send notices or inquiries unrelated to alleged infringement to AIC’s designated agent. 

 

6.         Termination.

 

AIC reserves the right, in its sole discretion, to cancel your account or terminate your access to all or part of the AIC Service, for any reason, with or without notice

 

7.         Modifications to AIC Service.

 

AIC reserves the right to modify or discontinue the AIC Service with or without notice to you.  AIC shall not be liable to you or any third party should AIC exercise its right to modify or discontinue the AIC Service.

 

8.         Links.  

 

The AIC Service may contain links to third party websites, images, videos, gifs, or other Internet resources that are not owned or controlled by AIC (“Third-Party Materials”).  AIC’s provision of a link to any other Third-Party Materials is for your convenience only and does not signify AIC’s endorsement of such other website or resource or its contents.  AIC SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AIC SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.

 

9.         Disclaimer of Warranties.

 

YOU EXPRESSLY AGREE THAT USE OF THE AIC SERVICE IS AT YOUR SOLE RISK.  THE AIC SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, AIC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE AIC SERVICE AND ANY PRODUCTS YOU PURCHASE THROUGH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

 

AIC makes no warranties or representations about the availability of the AIC Service, the accuracy or completeness of content available on or through the AIC Service, or the content of any websites linked to the AIC Service.   AIC assumes no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from access to or use of the AIC Service or inability to access or use the AIC Service; (c) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions); (d) interruption or cessation of transmission to or from the AIC Service; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the AIC Service by any third party; and/or (f) loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the AIC Service.

 

10.       LIMITATION OF LIABILITY.

 

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AIC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE AIC SERVICE.

 

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AIC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR DAMAGES EXCEEDING $100.00.

 

11.       Exclusions and Limitations.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent AIC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of AIC’s liability shall be the minimum permitted under such applicable law. 

 

12.       Indemnification.

 

You agree to indemnify, defend, and hold harmless AIC, its subsidiaries, affiliates, officers, directors, employees, consultants, and agents (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) any information (including, without limitation, your User Submissions, Feedback or any other content) you submit, post or transmit on or through the AIC Service or otherwise provide to us; (b) your use of the AIC Service; (c) your violation of these Terms or any Additional Terms; or (d) the violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by you (or anyone using any of your accounts) or by your User Submissions.  AIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AIC in asserting any available defenses. 

 

13.       Minors; Ability to Accept Terms of Service.

 

The AIC Service is not intended for children under 18 years of age.  You affirm that you are the applicable age of majority in your jurisdiction of residence or older.  If you are under 18 years of age or the age of legal majority, please do not use the AIC Service. 

 

14.       Choice of Law; Arbitration.  

 

These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles.  Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.  If we are unable to resolve any Dispute through informal means, you and AIC retain the right to seek relief in a small claims court if the Dispute is within the scope of its jurisdiction.   Alternatively, either party may initiate binding arbitration of such Dispute.  The arbitration shall be initiated and conducted according to the Consumer Arbitration Rules of the American Arbitration Association, as modified by this Section (the “Arbitration Rules”)  You can review the Arbitration Rules and how to initiate a claim here:  https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.  The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms and limits of liability set forth in Section 10.  No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.

 

15.       International Use.  

 

We do not represent or warrant that the AIC Service, or any part of it, is appropriate or available for use in any particular jurisdiction.  You access the AIC Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.  We may limit the availability of AIC Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. In particular, the Service currently is not intended for use by residents of the European Union. 

 

16.       Miscellaneous.

 

These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and AIC, and govern your use of the AIC Service.  The failure of AIC to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision.  If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties, and the remainder of these Terms and any Additional Terms shall continue in full force and effect.  The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect. 

 

17.       Modifications to Terms. 

 

AIC may, in its sole and absolute discretion, change these Terms from time to time.  All changes to the Terms or the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to AIC upon registration.  Your continued use of the Service following any changes to the Terms or the Privacy Policy will constitute your agreement to be bound by such changes.  If you object to any such changes, your sole recourse shall be to cease using the AIC Service.

 

 

The effective date of these Terms is August 8, 2018.