Terms of Use

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PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.   

TERMS AND CONDITIONS

Effective Date: January 1st, 2018

Please read these Terms and Conditions (these “Terms”) carefully before using the website(s) (including https://screenshopit.com), products, services and applications (the “Services”) operated by Craze, Inc. (“Craze”, “us”, “we” or “our”).  You must agree to and accept all of the Terms, or you don’t have the right to use the Services.  These Terms apply to all visitors, users and others who access or use the Services.  If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@screenshopit.com or by mailing us at Craze, Inc., 777 3rd Ave, New York, NY, 10017, United States, or by calling us at 212-202-0991.

These Terms are a legally binding contract between you and Craze.  By accessing or using the Services, you agree to be bound by these Terms, and these Terms will remain in effect while you use the Services.  If you disagree with any part of these Terms, then you may not access the Services.  These Terms include the provisions in this document, as well as those in the Privacy Policy accessible at https://screenshopit.com/privacy-policy/ and the Copyright Dispute Policy accessible at https://screenshopit.com/copyright-dispute-policy/. 

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

  • Will these Terms ever change?

 

We are constantly trying to improve our Services, so these Terms may need to change along with the Services.  We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://screenshopit.com website, on the application, by sending you an email, and/or by some other means.  If you don’t agree with the new Terms, you are free to reject them, but that means you will no longer be able to use the Services.  If you use the Services after we change the Terms, you then agree to all of the changes.  Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

 

  • What about my privacy?

 

Craze takes the privacy of its users very seriously.  For the current Craze Privacy Policy, please click here: https://screenshopit.com/privacy-policy/.

The Children’s Online Privacy Protection Act (COPPA) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13.  We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for or use the Services or send us any personal information.  If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible.  If you believe that a child under 13 may have provided us personal information, please contact us at support@screenshopit.com.

 

  • What are the basics of using the Services?

 

You may be required to sign up for an account, and select a password and user name (“Account”).  You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure.  You may be held liable for losses or damages incurred by us or any other user of the Services due to someone else using your user name, ID, password, or other information which provides access to the Services. You may never use another person’s user account or registration information for the Services without permission.  You should never publish, distribute or post login information for your Account. You shall have the ability to deactivate your Account, by either visiting https://screenshopit.com/account-deletion/ or contacting us at support@screenshopit.com.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, your parent or guardian has agreed to these Terms on your behalf).  We may, in our sole discretion, refuse to offer Services to any person or entity and may change the Services’ eligibility criteria at any time.  You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.  If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services.  We are not responsible if you use the Services in a way that breaks the law.

You will not share your password with anyone, and you must protect the security of your account and your password.  You’re responsible for any activity associated with your account.  

Your Use of the Services Is Subject to the Following Additional Restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each as defined below) or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Craze);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Craze account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content; or
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

We may terminate your right to use or access the Services for any of these violations.

 

  • What are my rights in the Services?

 

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Craze’s) rights.  You understand that Craze owns the Services.  You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

We may allow you to copy or download certain Content, but the same restrictions above still apply.

 

  • Do I have to grant any licenses to Craze or to other users?

 

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” By submitting any User Submission through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise fully exploit the User Submission in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of the Services.  To the extent your User Submissions are also your personally-identifiable information, all of the following licenses are subject to our Privacy Policy accessible at https://screenshopit.com/privacy-policy/.  For clarity, the foregoing license grant to us does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, 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 privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.  You are solely responsible for your use of the Services, for any User Submissions you post to the Services, and for any consequences thereof.

Finally, you understand and agree that Craze, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

 

  • What if something on the Services infringes my copyright?

 

Under the Digital Millennium Copyright Act (DMCA), users can ask online service providers, like Craze, to remove material that allegedly violates their copyright.  We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.  To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.  To learn more about the DMCA, click here.

 

  • Who is responsible for what I see and do on the Services?

 

Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk.  We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.  We’re not responsible for which users gain access to the Services, or for any content expressed by, or practices of, any third party that you interact with through the Services.  Your interactions with organizations or individuals found on or through the Services, are solely between you and such organizations or individuals, and Craze is not responsible for any loss or damage of any sort incurred as the result of any such dealings.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Craze.  When you access third-party websites or services, you accept that there are risks in doing so, and that Craze is not responsible for such risks.  By using the Services, you release and hold us harmless from any and all liability arising from your use of any such website or service.  If there is a dispute between users, or between users and any third party, Craze is under no obligation to become involved.

You release Craze, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to our Services.  If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

 

  • Will Craze ever change the Services?

 

We’re always trying to improve the Services, so they may change over time.  We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.  We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.  Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

 

  • Do the Services cost anything?

 

Some of our Services may be subject to payments now or in the future.  

  • Screenshop Product Orders:  You may choose to purchase products provided by Craze (“Screenshop Products”) through the Services.  Screenshop Products may be available through a third-party website or the Shoppable platform (see “Purchasing Products from Third-Party Retailers” below for more information about Shoppable).  Craze may limit or cancel quantities of Screenshop Products purchased, and it reserves the right to refuse any order.  In the event Craze needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.  The prices displayed on the Services for the Screenshop Products are quoted in your local currency.  Prices are subject to change at any time.  Sales tax will be determined by the shipping address of the order and will automatically be added to the order.  Craze is required by law to apply sales tax to orders to certain states.  Risk of loss and title for Screenshop Products purchased from Craze pass to you upon delivery of such Screenshop Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.  For more information regarding returns and exchanges of our Screenshop Products, please see our Returns and Exchanges Terms accessible at [insert link to terms].  For more information regarding shipping and delivery of our Screenshop Products, please see our Shipping and Delivery Terms accessible at [insert link to terms].  
  • Purchasing Products from Third-Party Retailers:  We use a platform provided by 72Lux, Inc. d/b/a Shoppable (“Shoppable”) to process purchases of products from third-party retailers (“Third-Party Products”).  Shoppable is a checkout solution that provides a link between you and third-party retailers.  It allows you to shop across a number of third-party retailers at the same time and to process purchases of Third-Party Products in one easy process with a universal shopping cart.  Once you’re ready to purchase the Third-Party Products in your universal shopping cart, you’ll only have to go through one check-out process, even if you’re purchasing from multiple third-party retailers.  However, if a third-party retailer is not a part of the Shoppable platform, you will be directed to that third-party retailer’s website, and you will not be able to use the universal shopping cart to purchase products from that specific third-party retailer.  Shoppable processes your purchase with each of the third-party retailers on the Shoppable platform by taking your payment details, shipping details, billing details and transmitting it to the third-party retailers from whom you are purchasing Third-Party Products.  Craze does not receive your payment details, shipping details and billing details when you purchase Third-Party Products from third-party retailers through the Shoppable platform or directly through a third-party retailer’s website (Craze’s third-party payment processor, however, will receive your payment details, shipping details and billing details when you purchase Screenshop Products through Shoppable; see “Screenshop Product Orders” and above and our Privacy Policy accessible at https://screenshopit.com/privacy-policy/ for more information).  Craze and Shoppable are not the retailer of the Third-Party Products you have purchased, and therefore Craze and Shoppable are not a party to any transaction you make with a third-party retailer.  All such purchases of Third-Party Products are subject to the terms and conditions of the third-party retailer from whom you have purchased the Third-Party Products.  Each individual third-party retailer sets its own shipping, delivery, returns and exchanges policies.  We do not warrant the quality, skill or capability of any third-party retailer to deliver the Third-Party Products you have purchased, and Craze will not be responsible or liable for late deliveries, missing Third-Party Products or any other deficiencies in quality or performance.  By using the universal shopping cart feature through the Services, you agree to Shoppable’s Terms of Use and Privacy Policy.  Please read Shoppable’s FAQs to learn more about the platform.
  • Billing:  We use a third-party payment processor, Shopify Inc., (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for purchase of Screenshop Products.  The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms.  We are not responsible for error by the Payment Processor.  You agree to pay us all charges at the prices then in effect for the purchase of such Screenshop Products in accordance with the applicable payment terms and you authorize us to charge your chosen payment provider (your “Payment Method”).  We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
  • Payment Method:  Your Payment Method and your agreement with your financial provider dictate the terms of your payment.  You agree to pay all amounts due on your Billing Account upon demand.
  • Current Information Required:  YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.  YOU MUST PROMPTLY UPDATE ALL INFORMATION (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY.  CHANGES TO SUCH INFORMATION CAN BE MADE AT support@screenshopit.com.  IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE WILL NOT SHIP THE SCREENSHOP PRODUCTS TO YOU.
  • Change in Amount Authorized:  If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.  Any agreement you have with your payment provider will govern your use of your Payment Method.  We may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

  • What are Coins?

 

If you have an Account with us, you can earn and accumulate “Coins” that can be redeemed for benefits through the Screenshop Rewards program (“Screenshop Rewards”).  There are no membership fees associated with Screenshop Rewards.  Coins have no actual cash value and cannot be redeemed for cash or its equivalent.

The benefits that are available to you through Screenshop Rewards are based on the number of Coins that you earn.  You can earn Coins through the means specified by Craze, such as by playing games that are accessible through the Screenshop application.  Details and conditions for earning Coins will be decided by Craze and may be communicated to you via the email address associated with your Account or posted in the Screenshop application.

Screenshop Rewards is intended for personal use only.  Commercial use is prohibited.  Screenshop Rewards is not targeted towards, nor intended for use by, anyone under the age of 13.  If you are between the ages of 13 and 18, you may only use Screenshop Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Generally, Coins that you earn are automatically added to your Account within twenty-four (24) hours.  Coins cannot be exchanged, redeemed or otherwise used for any other purposes other than the ones offered by Craze.  Coins that have been redeemed cannot be refunded for any reason.  Coins accumulated under the program are promotional and have no cash value.

The number of Coins required for receiving benefits through Screenshop Rewards will be decided by Craze and displayed prior to any redemption of the Coins.  Coins may only be used by the Account that earned them.  Craze may limit the number of Coins that you can redeem in any one transaction.  Such limitations will be determined in Craze’s sole discretion and displayed prior to redemption of the Coins.

You may use Coins towards purchases of Screenshop Products and Third-Party Products through the Screenshop application.  You may also use Coins to redeem free products that may be offered by Craze from time to time.  Coins may not be used towards the purchase of products from any third-party retailers who are not a part of the Shoppable platform unless otherwise specified.

If you use Coins towards the purchase of any Screenshop Products or Third-Party Products through the Screenshop application, Craze will reduce the price of the Screenshop Products or the Third-Party Products, as applicable, for an amount to be determined in Craze’s sole discretion.  

If you use Coins towards the purchase of any Screenshop Products or Third-Party Products through the Screenshop application, and subsequently wish to return or exchange such Screenshop Products or Third-Party Products, the Coins will not be returned to you in any form or be available for redemption for exchanged Screenshop Products or Third-Party Products.  If you use multiple forms of payment in one transaction, such as using a credit card and Coins towards a purchase, you will receive a refund of, or be able to exchange for an item in, the amount that was charged to your credit card, but you will not receive the Coins or the value of the Coins that you redeemed for the purchase.

If you use Coins to redeem any promotional products offered by Craze, Craze may limit the number of such products that may be redeemed per Account.  Any such limitations will be determined in Craze’s sole discretion and displayed prior to redemption of the Coins.  You will be responsible for any shipping and handling fees in accordance with the Shipping and Delivery Terms accessible at [insert link to terms].

Without notice to you, Craze reserves the right to suspend and/or terminate your participation in Screenshop Rewards if Craze determines in its sole discretion that you have violated these Terms, you have more than one (1) Account, or that the use of your Account is unauthorized, deceptive, fraudulent or otherwise unlawful.  Craze may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative.  In the event that your participation in Screenshop Rewards is terminated, then all accumulated Coins in your account are void.

Without notice to you, Craze also reserves the right to “unregister” and make ineligible for the Screenshop Rewards program any Account that has been inactive for six (6) consecutive months.  Inactive is defined as no Coins earned.  In the event that your Account is unregistered or rendered inactive, then all accumulated Coins in your account are void.

Craze reserves the right to terminate, discontinue or cancel the Screenshop Rewards program at any time and in its sole discretion without notice to you.

 

  • What are Credits?

 

If you have an Account with us, you can purchase “Credits” that can be used towards purchases of Screenshop Products and Third-Party Products through the Screenshop application.  You must use a credit or debit card to purchase Credits.  If you use Credits towards the purchase of any Screenshop Products or Third-Party Products through the Screenshop application, Craze will reduce the price of the Screenshop Products or the Third-Party Products, as applicable, by the value of the Credits that you choose to apply to such Screenshop Products or Third-Party Products.  Credits may not be used towards the purchase of products from any third-party retailers who are not a part of the Shoppable platform unless otherwise specified.

Credits are intended for personal use only.  Credits may only be used by the Account that purchased them and are nontransferable.  Commercial use is prohibited.  Credits may not be purchased by anyone under the age of 13.  If you are between the ages of 13 and 18, you may only purchase Credits under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Purchases of Credits are nonrefundable and cannot be redeemed for cash; however, if you delete your Account, you will receive a refund of the outstanding value of the Credits to the credit or debit card that you used to purchase the Credits.  Credits may only be redeemed through the Screenshop application.  Craze reserves the right to invalidate Credits that were purchased fraudulently.  Credits do not expire.  If you use Credits towards the purchase of any Screenshop Products or Third-Party Products through the Screenshop application, and subsequently wish to return such Screenshop Products or Third-Party Products, the Credits that you used will be returned to your Account.  If you use multiple forms of payment in one transaction, such as using a credit card and Credits towards a purchase, and you wish to receive a refund, you will receive a refund of the original amount that was charged to your credit card, and any Credits that you used will be returned to your Account.

 

  • What if I want to stop using the Services?

 

You’re free to do that at any time, by either visiting https://screenshopit.com/account-deletion/ or contacting us at support@screenshopit.com; please refer to our Privacy Policy accessible at https://screenshopit.com/privacy-policy/, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.  

Craze is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.  Craze has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account deactivation or termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to deactivate or terminate your account.  Certain provisions of these Terms shall survive termination, including: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

  • What else do I need to know?

 

Apple Application(s): These Terms apply to your use of all the Services, including the applications available via the Apple Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

  • You and  Craze acknowledge that, in the event of any conflict between these Terms and the usage rules set forth in the App Store Terms of Service as of the Effective Date, the App Store Terms of Service shall control to the extent of such conflict;
  • Both you and  Craze acknowledge that the Terms are concluded between you and  Craze only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  • You will only use the Application in connection with an Apple device that you own or control;
  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  • You acknowledge and agree that  Craze, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  • You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights,  Craze, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and  Craze acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
  • Both you and  Craze acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that 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 the third party beneficiary hereof.

Warranty Disclaimer:  Neither Craze nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.  

We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.  Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from  Craze or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  

THE SERVICES AND CONTENT ARE PROVIDED BY CRAZE (AND ITS LICENSORS, SUPPLIERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS) (COLLECTIVELY, THE “RELEASED PARTIES”) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO PRODUCTS LISTED ON THE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (C) THE QUALITY OF ANY PRODUCTS OR GOODS AVAILABLE FROM THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability:  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity:  To the fullest extent allowed by applicable law, you agree to indemnify and hold the Released Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.  In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).  

Assignment:  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Craze’s prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration:  These Terms are governed by and will be construed under the laws of the State of New York without regard to the conflicts of laws provisions thereof.  For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules.  Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.  Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.  TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK.  

Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CRAZE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court.  You may bring claims only on your own behalf.  You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.

Miscellaneous: You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Craze may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and Craze agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Craze, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Craze, and you do not have any authority of any kind to bind Craze in any respect whatsoever.

Except as expressly set forth in the section above regarding the Apple Application, you and Craze agree there are no third-party beneficiaries intended under these Terms.