February 11, 2017

Terms of Service

Terms of Service

3D Crave LLC 

Introduction

 

This website, www.3DCrave.com, its sub-domains, and all software, feeds, and services provided therein, or through affiliated third parties (individually and collectively, the “Service”) are published and maintained by 3DCrave LLC, a California Limited Liability Company (“Company”). Please read the following terms of service (“Terms”) fully and carefully before using the Service. The Terms constitute a legally binding agreement and exclusively governs the use of the Service by users (“you”, “your”).

 

By accessing, browsing, contributing, viewing, registering, or otherwise using the Service, you unconditionally accept and agree to be bound by the Terms. If you do not agree to these Terms, you are not granted permission to enter into or use the Service for any purpose, and you must immediately cease using and leave the Service.

 

The Terms are effective of and were last updated on August 8, 2015. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice in Company’s sole and absolute discretion, and such new Terms will immediately take effect upon Company posting such new Terms on Company’s website. You are encouraged to frequently visit this website from time to time to review current Terms. Notwithstanding the foregoing, Company will attempt to notify you in advance of any changes to the Terms. Notice of any new or revised Terms will appear online at www.3DCrave.com/termsofservice. Your continued use of the Service following any changes to the Terms shall be deemed your acceptance of all changes and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding the Terms can be directed to Company at: support@3DCrave.com.

 

The Terms are written in English (USA). Company may make these Terms available to you in languages other than English through third party translation services, such as Google Translate. Such translations of any materials into a language other than English are intended solely as a courtesy to you and for the convenience to non-English reading users. Company does not warrant or represent to the accuracy of any such translations, and you acknowledge that such translations may contain differences due to the difficulty in translating languages. You acknowledge and agree that the English (USA) version of the Terms found on www.3DCrave.com/termsofservice shall be the controlling version of the Terms in the event of a discrepancy, and shall exclusively govern the entire relationship between Company and you.

 

The Service may contain links to third party content, including, without limitation, other websites, for the convenience of visitors or for advertising purposes, which Company has not reviewed. Company linking to third party content does not imply an advertisement or endorsement of any service, product, or otherwise, provided by such third party. Company is not responsible for any third party content linked to or from the Service and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party web site, or the quality of products of services provided by or advertised on such third party website. Your use of any third party content is at your own risk, and subject to the terms and conditions of such third party’s website. Company encourages you to review the terms and conditions and privacy policy of any third party website that you visit.

 

The Service

 

Company offers an over-the-top video on demand 3D video distribution service that delivers, via the Internet, 3D movies, 3D television shows, and other 3D content to end-users via the Service.

 

The Service is accessible worldwide, unless otherwise specified by Company. Company makes no representation that the Service is suitable for use in any location. Content (as defined below) may not be available in your particular country, state or locality, and the reference to any Content within the Service does not imply or warrant that the Content will be available at any time in your particular location. Those who access the Service do so at their own volition and are responsible for compliance with local laws. If you have questions concerning the accessibility of Content, please check with Company for the availability of specific Content in your area.

 

Intellectual Property

 

As between you and Company, Company owns, licenses, or is authorized to use or exploit all audio, video, images, software, text, scripts, artwork, trademarks, service marks, data, proprietary rights, and other materials, including, without limitation, the selection, coordination, arrangement, and organization of all material, found on the Service (the “Content”), including, without limitation, user generated content. For the avoidance of doubt, the foregoing does not imply that Company owns the copyright in or to any user generated content and Company acknowledges that the author of such user generated content is the exclusive owner of the same and Company’s rights thereto are a non-exclusive license as contemplated by these Terms.

 

The Service and Content are protected by, without limitation, the United States Copyright Act, the Lanham Act, various international conventions and treaties, and other applicable international copyright, trademark, and intellectual property laws. Third parties and not Company may hold copyright, trademark, and other proprietary rights in and to certain Content. You shall not copy, capture, reproduce, remove, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Service or the Content, unless otherwise explicitly permitted by these Terms or law.  Without limiting the foregoing, you may not display or perform any Content to any public audience or reproduce or create copies of Content via any means, including, without limitation, onto any physical or digital media (such as CDs, DVDs, Blu-Rays, or digital video files) or upload the Content to any peer-2-peer or torrent website or service. Any unauthorized activities that infringe upon the intellectual property rights of Company, or its affiliates (such as third party Content providers), is expressly prohibited, and all rights in and to the Content are expressly reserved to the respective owner of such Content. Nothing contained in the Terms should be construed as granting, by implication or otherwise, any license or right to use any Content without the express written permission of Company, or its affiliates. Any unauthorized use of the Content, except as explicitly authorized by these Terms, is strictly prohibited and may subject you to civil liability under copyright laws, trademark laws, the laws of publicity or privacy, and other civil and criminal statutes, rules, or regulations.

 

By submitting user generated content through the Service, you hereby grant Company, and its affiliates, a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable irrevocable license to access, advertise, display, distribute, exhibit, market, modify, perform, prepare derivative works, promote, redistribute, reproduce, use, view, and otherwise exploit the user generated Content in connection with the Service, and for any purpose related to Company’s business, specifically including exploitations via transactional video on demand over the Internet and mobile networks, in any media formats (including the possibility of converting, downsizing, or re-formatting the user generated Content into alternative stereo 3D formats) and through any media channels, and including a reasonable amount of time after termination of your access to the Service or your removal of your user generated content from the Service, if applicable. You also grant each user of the Service a non-exclusive, perpetual irrevocable license to use, reproduce, distribute, display, perform, and access the user generated content for non-commercial, personal, recreational, informational, or entertainment purposes. Company may retain a copy, but not display, distribute, or perform, server copies of your user generated content after you have removed or deleted such user generated content from the Service.

 

Accounts

 

In order for you to access some or all of the Service, you may have to create a 3DCrave account (“Account”). You may do this on Company’s website at the following address: www.3DCrave.com/accounts. When creating an Account, a copy of these Terms will be provided to you before you are permitted to register. When registering an Account, you must provide Company with accurate and complete information, such as your legal name and email address. You are also required to authenticate your Account through entering a username and password prior to your use of the Service. You are solely responsible for activity that occurs on your Account, keeping your username and password secure, and you must notify Company immediately upon any breach of security or unauthorized use of your Account. If you use the Service on a public computer, or unprotected mobile device, you acknowledge it is your responsibility to log out of the Service.

 

Through creating an Account, or otherwise using the Service, you authorize Company, from time to time, to electronically communicate with you in order to provide information concerning your Account or the Service.

 

You may cancel your Account at any time by following instructions found on your Account page. Termination of your Account will also terminate your access to certain Content, including, without limitation, Content you may have purchased or rented. Regardless of Account cancellation, you remain liable to Company for all amounts due to Company pursuant to your use of the Service.

 

Company reserves the right to terminate a user’s Account and/or access to the Service if a user is determined, in Company’s sole discretion, to violate the Terms herein, or for any reason whatsoever or for no reason. Regardless of Account termination, you remain liable to Company for all amounts due to Company pursuant to your use of the Service.

 

Use of Service

 

Subject to your full compliance with all Terms and full payment of all fees and charges pursuant to your use of the Service, Company grants you permission to access and use the Service. Company reserves the right, in Company’s sole discretion, to change how it operates the Service at any time for any reason whatsoever. Generally, you may access and view Content on, and submit Content to, the Service. You are solely responsible for your use of the Service and for your own Content.

 

Company strives to provide accurate descriptions of all goods, products, and services found in or on the Service, and encourages its users to provide for accurate descriptions of all goods, products, and services found in or on the Service; however, Company does not warrant the description of all goods, products, and services are complete, error-free, or accurate. Notwithstanding the foregoing, every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any discrepancies, please contact company at support@3DCrave.com.

 

Company does not endorse, nor offer any opinions, on any Content submitted to the Service by a user or other affiliate. You also understand that by using the Service, you may encounter Content you or the general public may deem offensive, indecent, or objectionable. Company does not review all Content on the Service and is not liable to you for any offensive, indecent, or objectionable Content.

 

Some Content on the Service may only be available via purchase, order, stream, or rental, and thereafter only viewed in accordance with an applicable restricted viewing period (typically forty eight (48) hours from your purchase, order, or rental). Such restricted viewing period, if applicable, will be communicated to you before and at the time you make such an order or rental. Additional terms and conditions may apply to such orders or rentals by a third party Content owner, which shall be communicated to you before and at the time you make such an order or rental.

 

Company may add, change, discontinue, remove, or suspend Content posted to the Service at any time, without notice to you and without any liability. Company reserves the right to refuse, limit, or cancel any purchase, order, stream, or rental placed via the Service. Company may change the price of fees and charges related to the Service, and its Content, at any time and Company provides for no price protection. In the event of a pricing error, Company reserves the right to deny or restrict your access to the Content with no further obligation. Each time you purchase, order, stream, or rent Content on the Service, you will be deemed to enter into a separate agreement with Company for the applicable Content.

 

You represent that by purchasing, ordering, or renting any Content through the Service, that you are over the age of 18 years of age. You are responsible for Content once purchased, ordered, streamed, or rented and it is your responsibility to not lose, destroy, damage, or remove your access to the Content. For the avoidance of doubt, you understand that Company may offer Content at one time and later such Content may be removed from the Service, and that once removed from the Service, you may not be able to download, display, or access such Content.

 

By using the Service, you expressly agree that Company is authorized to, and may charge you, any applicable purchase fees for orders or rentals, taxes associated therewith, and other charges that may occur through your use of the Service. Such fees and charges for Content will be automatically charged to your Account and are non-refundable. Sometimes, you may pay Company via third party payment services, such as Paypal or Google Wallet, and you agree to abide by any third party terms of service in regards to such third party payment services. You agree to pay all fees and charges to Company in a timely manner.

 

You shall have the option of selecting a payment method within your Account, and agree Company may store any payment information you supply to Company, including, without limitation, credit card numbers.

 

Refunds will be extended in Company’s sole discretion. Company may, from time to time, offer promotional credits, free trials, or rebates. All promotional credits, free trials, or rebates extended by Company, or its affiliates, to you are for your own personal use and are non-transferrable.

 

Company may, from time to time, use various technologies to verify your compliance with the Terms and you consent to Company using any monitoring or other analogous technology associated with monitoring your access to the Service.

 

Profit Share

 

In the event you upload Content to the Service and such Content is commercially exploited and monetized by Company via any means, including, without limitation, through purchase, order, stream, rental, or advertising, Company shall collect and otherwise administer all income regarding such commercial exploitation and shall pay to Owner fifty percent (50%) of Net Profits (as defined below) in respect of same throughout the duration of the period of exploitation of such Content by Company for as long as Company receives income in respect of a Content granted hereunder. “Net Profits” shall be defined as one hundred percent (100%) of gross income actually received by Company in respect of the exploitation of the Content, less out-of-pocket expenses related to the Content (individually and collectively “Expenses”), including, without limitation, advertising, distribution, streaming, storage, credit card fees, and all direct expenses paid or incurred by Company. The services of Company’s in-house personnel and Company’s general overhead shall not be deductible as Expenses in connection with the calculation of Net Profits hereunder. Expenses are capped at a maximum of forty five cents ($0.45) per rental of a Content, regardless of length, unless otherwise agreed upon in writing.  

 

You will have complete control on setting the price for all Content you upload to the Service, however Company will use reasonable efforts to advise you as to a suggested price upon your request.

 

Company shall provide a detailed accounting to you in respect of all exploitations of Content via your Account, which includes how many times your Content has been accessed and how much income the Content has generated. Company will pay Net Profits to you, in each quarter Net Profits are due, within ninety (90) days of the last day of March, June, September, and December.

 

Subject to forty five (45) days written notice, a certified public accountant at your own expense on behalf of you who is not then engaged in an outstanding audit of Company or Company’s affiliates on behalf of a third party shall have the right to audit Company’s books and records which relate solely to the exploitation of the Content at issue, which such audit shall take place at Company’s principal place of business and may be conducted once per year and once per statement for a period of one (1) year from the date of such statement. You shall not have the right to bring any legal action with respect to any statement unless an audit has been properly conducted in relation thereto and such legal action is properly filed within six (6) months following the date of such audit.

 

From time to time, Company may provide, offer, exploit, or otherwise issue promotional codes to increase traffic to the Service or attract new users to the Service. A promotional code may offer for free, or for a discount, the purchase, order, stream, or rental of Content. Unless otherwise agreed upon by Company in writing, you agree that any third party, via a promotional code issued by Company or its affiliates, can redeem any Content that you upload or otherwise make available via the Service subject to the terms and conditions of the subject promotional code. Notwithstanding the foregoing, Company shall still pay you Net Profits, if applicable, for the purchase, order, stream, or rental of Content as if the promotional code was not used.

 

Submissions and Feedback

 

Company welcomes submissions and feedback regarding the Service, and you may submit comments to Company regarding the same by sending an email to Company at: general@3DCrave.com. Company requests that such feedback be specific, not illegal, obscene, threatening, defamatory, or invasive of privacy, and that you do not voluntarily submit ideas or suggestions regarding the business of Company (collectively, the “Submissions”). If, despite this request, you do voluntarily submit Submissions to Company, the Submissions will be non-confidential and Company has the right to publish the Submissions publicly. You agree that Company will be deemed the exclusive owner of all Submissions, and in consideration of these TOS and access to the Service, you assign all rights in and to the Submissions that you have to Company, and the Submissions will remain the exclusive property of Company, including, without limitation, exclusively owning any copyrights in and to the Submissions throughout the universe, in perpetuity. Company will be free to use the Submissions for any purpose whatsoever without any liability to you whatsoever.

 

Digital Millennium Copyright Act (DMCA)

 

Company is committed to complying with U.S. copyright and related laws, and requires that you comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any Content believed to be infringed should contact Company immediately to report any concerns of infringement by providing notice to Company’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Such notice must be provided by email to Company at the following address, dmca@3dCrave.com, but you may also simultaneously send such notice to Company via mail at the following address: 3DCrave LLC, attn.: Designated Copyright Agent, 20625 Kingsboro Way, Woodland Hills, CA 91364. Such notice must include, at a minimum:

 

            (a)        a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

            (b)       the identification of the copyrighted work claimed to have been infringed;

 

            (c)        the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

 

            (d)       information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an e-mail address;

 

            (e)        a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

 

            (f)        a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

For clarity, only DMCA notices should go to the Designated Copyright Agent; any other general communications should be directed to Company at: support@3DCrave.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

 

If you believe that your Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a DMCA counter-notice to Company’s Designated Copyright Agent containing the following information:

 

            (i)        your physical or electronic signature;

 

            (ii)       the identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

 

            (iii)      a statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content, and any relevant proof related to the same; and

 

            (iv)      your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by Company’s Copyright Agent, Company is permitted to and may send a copy of the counter-notice to the original complaining party informing that person or entity that the removed content may be replaced or no longer disabled in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user in the next 14 business days after receipt of the counter notice, the removed content may be replaced, or access to it restored, in Company’s sole discretion.

 

Privacy Statement

 

Company uses a variety of commercially reasonable safeguards to seek to preserve the security of your personal information, including, appropriate encryption technology. Company is committed to protecting your privacy in accordance with applicable laws and regulations. Notwithstanding the foregoing, no electronic transmission of information can be guaranteed to be 100% safe and Company cannot and does not ensure or warrant the security of any information you transmit to Company. You acknowledge all information you transmit to Company via the Service or otherwise is done at your own peril.

 

Company, or its affiliates, may collect the following information about you when you use the Service, including, without limitation, through third party social media networks, such as Facebook, should you choose to set up an Account with Company through such third party social media service: your name, email address, birth date, gender, country of origin, IP address, browser type, times and frequency of access, credit card information, location data, and other commercially available material through data aggregators, technical information, public databases, or Company’s affiliates, which could include information concerning your demography and online activities. Company may also store and collect information via “cookies” from your electronic devices, which purpose is to facilitate the transmission of the Service and Content to you and identify your preferences so that Company may adapt the Service to your preferences. Cookies do not contain or transmit any personal information about you and are used to gather information to analyze traffic on the Service. You can deactivate cookies anytime by reviewing your preferences in your web browser.

 

Company’s use of collected information is in order to enhance the user experience, facilitate customer service, inform you of Company’s products and promotions, and personalize the Service to better meet your needs. Only with your consent will Company share your personally identifiable information with other third parties. However, Company is permitted to share non-personally identifiable information with any interested third party. Notwithstanding the foregoing, by using the Service, you consent that Company may share your personally identifiable information with third parties who provide services to Company, or with who you have requested to provide you with goods or services through the Service, including, without limitation, payment processing companies, advertisers, data processing companies, and other websites or platforms for which you may view the Service through. These third parties agree that they will only use information about you to provide Company with specific services, or assist Company via the delivery of the Service, and not for any other purpose. Additionally, Company may disclose any information in its possession in order to protect the rights of Company, or its affiliates, to protect the safety of the users of the Service, or to comply with any valid legal process from a governmental body of competent jurisdiction.

 

Any voluntary personal or other information that you make available through the Service, including, without limitation, material you place in your user profile, posting a review of Content, Submissions, or emailing Company, will be treated as non-confidential, collected by Company, and potentially shared with other users of the Service.

 

Company’s Service may be provided through third party websites or other platforms. Some of these third party websites or other platforms may be co-branded with Company’s name, even though such third party websites or other platform are not owned or operated by Company.  Company is not responsible for the privacy practices of any third party and Company advises you to review the privacy policy of all other websites or platforms that you visit to determine how each collects and stores your information.

 

Company regularly sends emails to users of the Service. Email recipients may opt out at any time by following the “unsubscribe” instructions included in the email message, or by emailing Company at: support@3Drave.com. Company will remove you from Company’s email list in a reasonably amount of time after actual notice.

 

Company does not knowingly collect or maintain personally identifiable information or non-personally identifiable information from persons under the age of 13 years of age, and no part of Company’s Service is directed to, or intended to be, accessed by, persons under the age of 13. If Company obtains actual knowledge that personally identifiable information of persons under 13 years of age has been collected, Company will take immediate appropriate steps to delete such information.

 

Representations and Restrictions:

 

You accept and agree to abide by all Terms herein and are under no disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all Terms herein. You acknowledge you are at least 18 years of age, and if you are under 18, may not, under any circumstance, create an Account or use the Service without parental supervision.

 

Your use of the Service is at entirely your own risk and the Service is provided for “as is” and “with all faults.” Company shall have no liability to you whatsoever in the event any virus or other harmful component infects, harms, or cause damages to your computer, cell phone, tablet, or other electronic equipment you access or view, the Service with.

 

You agree that your use of the Service, including, without limitation, uploading any Content to the Service, will not violate any law or regulation, including, without limitation, copyright laws, trademark laws, patent laws, trade secret laws, and publicity and privacy laws, or interfere with any third party’s use and enjoyment of Service. You warrant and represent that you have all necessary licenses, rights, consents, and permissions to publish Content you submit to the Service, and that you will not download or display any Content for any purpose not specifically referenced in the Terms. It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material or impersonate any persons while using the Service. You agree to not upload any obscene Content to the Service, and will flag for Company upon upload of any user generated Content that may be considered offensive to some people, for instance, graphic language, gore, or nudity, and, if applicable, include a proper rating (such as a MPAA rating) for the Content. Company shall have no liability to you for any inaccurate information provided by a user of the Service to Company.

 

You acknowledge ownership, title, and all intellectual property rights in and to Content belongs to the respective Content owner(s).

 

You represent, warrant, and agree that you will not, via the Service or otherwise, cause damage to the Service or impair the availability or accessibility of the Service, in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Service to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s computer software, hardware or telecommunications equipment; upload, post, host, or transmit Submissions, unsolicited emails, “spam” messages, worms, or viruses or any code of a destructive nature;  contact any other visitor or user of the Service for any illicit purpose, or who has requested not to be contacted; access the Service through unpermitted automated means, including, without limitation, via “robots,” “spiders,” “offline readers” or any other analogous software or code; or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Service or any services provided by Company, or its affiliates

 

You will not remove any copyright, trademark, or other legal notices that accompany any Content accessible or downloaded via the Service.

 

You are responsible for all costs associated with accessing or using the Service, including, without limitation, all Internet connectivity or data transmissions fees from your own Internet or cellular service provider or 3D glasses, which are often required to view Content. Likewise, you are responsible for any system software and/or hardware compatibility requirements for use of the Service. Company does not warrant performance of the Service, or its continuing capability, as to any software or hardware.

 

You understand Content availability and quality will likely change from time to time due to a variety of factors beyond the control of Company, such as the speed of your Internet connection, the selected Content, availability of Content from third parties, your location, and Internet bandwidth, and that Company makes no representations or warranties about the quality of the Content watching experience. 

 

You acknowledge that you may not use the Service in any other way not expressly stated herein or approved in an advance writing by Company. Company explicitly reserves all rights related to the Service not specifically contemplated herein.

 

You acknowledge and agree that sometimes, Content is subject to restrictions imposed by Company’s affiliates, such as a movie or television distributor, and these Content providers may require additional terms and conditions for the use, access, or viewing, of such Content. You agree that your use of the Service shall be subject to all of these additional terms and conditions, which Company will provide to you before and at the time of your purchase, order, or renting of any Content. If you have any questions, please contact Company at: support@3DCrave.com. In certain cases, Content available may become unavailable due to restrictions from such third parties. Company will have no liability to you for any such unavailability.

 

You understand that you, or your children or teenagers, may experience health risks watching the Content, as in some situations, a person when exposed to certain 3D, high definition, or other moving images or lights may become dizzy, lightheaded, get a headache, have altered vision or involuntary muscle twitching in the eyes, experience confusion, nausea, fatigue, convulsions, loss of awareness, disorientation, seizure, or stroke. You should monitor your, and your children or teenagers, viewing habits and cease watching any Content and immediately consult a medical professional at the first sign of any of the aforementioned, or other, symptoms. Likewise, even those without a personal family history for any of the aforementioned conditions may have an undiagnosed condition and you should consult with a medical professional for more information regarding viewing the Content. Additionally, it is recommended to avoid watching Content for long periods of time, sitting too close to a television or other screen, or wearing or using 3D glasses while not watching Content or for any other purpose not designed for. For more information, Company suggests visiting www.3Deyehealth.org.

 

Disclaimer

 

Company does not warrant that the use of Service will not infringe the rights of any third party, and assumes no responsibility or liability arising from such use, or for any error, defamation, omission, obscenity, or danger, contained within the Service and/or via any Content. Company, and its affiliates, are not responsible for and do not guarantee the accuracy or completeness of anything contained on or within the Service, including any Content, links, or advertisements. Company, and its affiliates, reserves the right to immediately change, suspend, remove, or disable the Service or any Content for any reason or for no reason, and Company assumes no responsibility, and shall not be liable in any way for any such change to the Content or other change to the Service. Company cannot and does not review all Content or communications uploaded, made on, or through the Service, but, although not obligated to do so, may review, verify, make changes to or remove any Content or other material made available in connection with the Service with or without notice in its sole discretion. The Service, and all other features or functionalities associated with the Service, are made available “as is” and “with all faults” and you understand that temporary interruptions of disturbances of the Service, including, without limitation, Company’s ability to stream Content, may occur as normal events. Use of the Service is entirely at your own risk and you should use your best judgment and exercise caution while using the Service and purchasing or renting any Content. Company makes no guarantee that your use of the Service, and all other features or functionalities associated with the Service, or delivery of any Content will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

Limitation of Liability

 

To the fullest extent allowable by applicable law, Company, and its affiliates, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which are in any way related to use the Service, Content, or other materials available through the Service, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company, or its affiliates, have been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. This limitation specifically includes the possibility of eye or vision related damage related to viewing Content on the Service. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, under no circumstances will the total liability of Company, or its affiliates, in connection with, based upon, or arising from the Service, Content, or other materials found on or within the Service shall exceed the price of one hundred dollars ($100.00) USD. Likewise, if any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the total liability of Company, and its affiliates, shall not exceed one hundred dollars ($100.00) USD. If you are dissatisfied with the Service, or with any of these Terms, or feel Company has breached these Terms, your sole and exclusive remedy is to discontinue using the Service and delete your Account.

 

Indemnification

 

You agree to indemnify Company, and its affiliates, members, managers, directors, officers, employees, agents, attorneys, contractors and licensors (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with your use of the Service and/or Content, your violation of the Terms, or your violation of law (such as the violation of a third party’s copyright rights) and shall indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or incurred in connection with such Claims. This indemnification obligation shall survive these Terms and your use of the Service. Company reserves the right to take over the exclusive defense of Claims for which Company is entitled to indemnification, and in such an event, you shall provide reasonable cooperation to Company.

 

Force Majeure

 

You understand and agree that Company is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.

 

Entire Agreement

 

The Terms represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Service, Content, and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives, including, without limitation, any third party that acquires all or part of Company. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed.  The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party.  Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms which by their nature should survive termination or expiration, shall survive termination or expiration.

Choice of Law

 

By accessing, viewing, or using the Service, you consent and agree that: (i) the Terms will be exclusively governed by the laws of the State of California applicable to contracts entered into and performed within the State of California and notwithstanding any conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. Any dispute related to the Terms shall be exclusively resolved in the state and federal courts located in Los Angeles County, California. Any alleged claim or cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation or breach of the Terms by you will result in irreparable harm to Company, that monetary damages will be inadequate, and you hereby agreed Company shall be entitled to seek injunctive relief.

 

Notice

 

All legal notices pursuant to the Terms shall be in writing and shall be given by email to Company at: Legal@3DCrave.com and via mail to 3DCrave LLC, 20625 Kingsboro Way, Woodland Hills, CA 91364. By using the Service, you agree that any notice due under the Terms that Company sends you electronically will satisfy any legal communication or notification requirement.