Last updated: May 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These terms and conditions (“Terms and Conditions”) govern your access and use of this Mobile Application and Website (“Website”) operated by Aktiveight Productions LLC (“CRATE,” “we,” “us” and “our”). By accessing or using the Website, you are agreeing to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website. If you are not of an age old enough to enter into contracts in your jurisdiction, you must review these Terms and Conditions with your parent or guardian before using the Website. If your parent or guardian does not agree to be bound by these Terms and Conditions as applied to you, then you are not authorized to access or use the Website for any purpose.
We reserve the right to change the Terms and Conditions at any time. Changes to the Terms and Conditions will not be applied retroactively. When changes are made, we will post them on the Website and you will see the words “last updated” with the date of last update at the top of this page. We encourage you to review these Terms and Conditions from time to time for any changes. You agree that your use of the Website after such changes will constitute your acceptance of such changes.
Some services offered on the Website are only accessible upon the submission of a license application and are limited to authorized users who are approved by CRATE. We reserve the right to deny any application in our sole discretion.
The Website and all material on the Website, including but not limited to audio, video, photographs, illustrations, lyrics, software, etc. (“Content”) is the sole and exclusive property of CRATE, our affiliates, subsidiaries and/or licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by CRATE in writing. You hereby acknowledge and agree that, as between CRATE and you, all right, title, and interest in and to the Website and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, and all other intellectual property rights pertaining thereto, will be owned exclusively by CRATE, our affiliates, subsidiaries and/or licensors. Use of the Website or the Content in any way not expressly permitted by the Terms and Conditions is prohibited, and may be actionable under United States or international law.
The trademarks, tradenames, logos and service marks (collectively, “Trademarks”) displayed on the Website are registered and unregistered Trademarks of CRATE, our affiliates, subsidiaries and/or licensors. Trademarks of third parties may also appear on the Website. Nothing contained on the Website should be construed as granting any license or right to use any Trademark appearing on the Website without the prior written approval of CRATE, our affiliates, subsidiaries and/or the third party that may own the applicable Trademark. Unauthorized use of any Trademark appearing on the Website is prohibited and may be a violation of federal and state trademark laws.
WEBSITE USE AND USER CONDUCT
So long as you agree and comply with these Terms and Conditions, and unless these Terms and Conditions are otherwise terminated by CRATE, CRATE grants you permission to view and use the Website and the Content for your personal, non-commercial use. You may not duplicate, publish, modify, reproduce, distribute, perform or create derivative works from any part of the Website, its design or layout, or the Content unless expressly authorized by CRATE in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Special terms may apply to some products, services, features or activities offered on the Website and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to these Terms and Conditions and, in the event of a conflict, any such terms will prevail. If CRATE makes software available to you for download, your download and use of such software will be subject to a separate license agreement. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is offensive, inaccurate, or objectionable.
You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not (a) damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it; or (b) upload, post or transmit and material that (i) contains copyrighted or other proprietary material of any kind; (ii) advertises or promotes any good or services; (iii) contains a virus or other harmful files; (iv) is threatening, harassing, degrading, hateful, intimidating, defamatory or libelous, fraudulent or tortious, obscene, indecent, pornographic or otherwise objectionable; or (v) gives rise to criminal or civil liability.
You also agree that you will not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Website or any information or other material obtained through or derived from the Website for commercial purposes (other than as expressly permitted by CRATE or by the provider of such information or other material); (c) engage in spamming, spoofing or flooding; (d) attempt to gain unauthorized access to the Website or other computer systems through the Website; (e) harvest, collect or store information about the users or content of this Website; (f) frame any portion of the Website; or (g) use meta tags or any other “hidden text” utilizing CRATE’s name without express written consent. You are granted a limited, revocable and non-exclusive license to creative hyperlinks to pages on the Website, provided that such hyperlinks (1) do not portray CRATE or any of its products or services in a false, misleading, derogatory or otherwise offensive manner; or (2) use the Trademarks (including, without limitation, the CRATE logo) without the prior express written consent of CRATE.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Website or restrict your access to part or the entire Website without notice or penalty, in our sole discretion. Without limiting the foregoing, in the event that you breach these Terms and Conditions, we may suspend your access to the Website, including your account (if any), until such breach is remedied, or, without prejudice to our other rights and remedies, we may terminate your use of and access to the Website, including your account (if any), immediately and without notice.
SUBMISSIONS BY YOU
CRATE does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, through CRATE’s mail and email addresses, or in any other way. Any information, creative works, ideas, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to CRATE (“Submissions”) will be deemed not to be confidential or secret. By submitting or sending Submissions to Company you represent and warrant that the information is original to you, that no other party has any rights to the material and you grant CRATE a fully paid-up and royalty-free, unrestricted, worldwide, perpetual, fully-transferable, non-exclusive license to use, copy, sublicense, modify, adapt, transmit, perform or display such material in any format or media now known or hereafter developed without additional consideration to you or any third party. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST ANY SUBMISSIONS ON THIS WEBSITE.
You agree to indemnify, defend and hold CRATE, its subsidiaries, affiliates and licensors, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of the Terms and Conditions. CRATE reserves the right, at any time, to assume the exclusive defense and control of any matter subject to indemnification by you. This clause shall survive these Terms and Conditions and the termination of your use of the Website.
LINKS TO OTHER SITES
The Website may contain links to websites operated by other parties. CRATE provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of CRATE, and CRATE is not responsible for the content available on the other sites. Such links do not imply CRATE’s endorsement of information or material on any other site and CRATE disclaims all liability with regard to your access to and use of such linked websites.
ACCOUNT PASSWORD AND SECURITY
CRATE DOES NOT PRE-SCREEN OR APPROVE USER PROFILES, AND CANNOT GUARANTEE THAT A USER PROFILE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF SUCH PROFILE. CRATE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY USER PROFILE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN BY OR IN CONNECTION WITH ANY SUCH PROFILE, INCLUDING HOW THE OWNER OF THE PROFILE COLLECTS, HANDLES, USES AND/OR SHARES ANY INFORMATION IT MAY COLLECT FROM OTHER USERS.
When you visit the Website or otherwise electronically contact CRATE (e.g., via email or social media), you are communicating with CRATE electronically. Use of the Website means you consent to receive communications from CRATE electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We strive to comply with the Children’s Online Privacy Protection Act. We do not knowingly collect any personal information from those under the age of 13. If you are under 13 years of age, please do not provide any personally identifiable information to us. If we learn that we have received personal information from anyone under the age of 13, we will take steps to delete such information.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE, ALL SERVICES AND CONTENT ON THE WEBSITE, AND ANY SERVICES OR GOODS OFFERED OR SOLD THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CRATE MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF THE WEBSITE, ITS SECURITY OR ANY SERVICES OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE SERVICES AND CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
CRATE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRATE, OUR AFFILIATES, SUBSIDIARIES AND LICENSORS DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OR THE INABILITY TO USE THE WEBSITE, THE CONTENT, OR THE SERVICES OR GOODS LICENSED, OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF CRATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 MAY NOT APPLY TO YOU. CRATE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS, YOUR USE OF THE WEBSITE, OR THE SERVICES OR GOODS LICENSED, OFFERED OR SOLD THROUGH THE WEBSITE, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO CRATE DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.
The Website is operated by CRATE from its offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. Any offer for any product or service made on the Website is void where prohibited.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted material. If you believe in good faith that materials available on the Website infringe your copyright, you may send a notice to:
379 Burwood Ave.
Camden, NJ 08105
Attention: Legal Department
Email: [email protected]
We suggest that you consult your legal advisor before filing a notice as your notice of claim must comply with detailed requirement set forth in the DMCA.
CHOICE OF LAW/FORUM
These Terms and Conditions will be governed by, and will be construed under, the laws of the State of New Jersey, without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Camden, in the State of New Jersey, to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with the Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. The Terms and Conditions sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof; provided, however, that it will be read in conjunction with any CRATE user agreement(s) entered into by you. Any cause of action or claim you may have with respect to these Terms and Conditions or the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action will be barred. You may not assign or transfer your rights or obligations hereunder without the prior written consent of CRATE, and any assignment or transfer in violation of this provision will be null and void. CRATE reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
Please direct any questions you may have about the Website or the Term and Conditions to [email protected]