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description= Read our terms of service and start your subscription box business today with Cratejoy, the all-in-one solution for subscription box businesses.;
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Text of the page (random words):
e someone other than yourself or otherwise mislead us or third parties as to the origin of your content or comments you are solely responsible for your content and comments you make and their accuracy we take no responsibility and assume no liability for your content or comments or any content posted by any third party section 10 social media content policy in addition to any rights we may have in your content or comments by posting content including but not limited to photographs videos comments and your applicable social media handle to cratejoy labeled social media posting such content to your social media accounts using the tag sharemycratejoy or otherwise associating such content with the tags sharemycratejoy or other hashtags sponsored or affiliated with cratejoy social media content you grant cratejoy and any of its third party content management providers collectively the licensing parties a perpetual irrevocable royalty free non exclusive transferable sublicensable right and license to display copy publish distribute transmit print create derivative works from alter edit and or use your social media content in any manner to be determined in cratejoy s sole discretion including but not limited to on webpages and social media channels operated by cratejoy and for other marketing and promotional purposes in any media now or hereafter known with no obligation to you whatsoever to the extent your social media username real name image appearance voice likeness caption location or other identifying information identifying information are included as part of your social media content you hereby grant the licensing parties the right and license to use such identifying information in connection with any use of your social media content we will make commercially reasonable efforts to credit you for any such social media content by posting your handle or byline however we make no assurance to do so and you agree that we are not required to do so when you use the hashtag sharemycratejoy or other hashtags sponsored or affiliated with cratejoy you represent and warrant that i you own all rights in and to your social media content or are not aware of any third party rights that must be obtained to grant the licensing parties the rights provided herein ii all person s appearing in your social media content have granted permission for the uses and rights described herein iii you are of legal age to consent to this agreement and iv you are not aware of any reason why the use of your social media content by the licensing parties as described herein will violate the rights of any third party or any law you agree you will not post or encourage others to post social media content that is unlawful harassing defamatory obscene libelous or otherwise objectionable section 11 ownership except with respect to your content you acknowledge and agree that as between you and cratejoy cratejoy owns all rights title and interest including all intellectual property rights in the service and all content and other materials within the service the service is protected by u s and international copyright trademark patent and other intellectual property laws and treaties either reserve all rights not expressly granted to you section 12 personal information you acknowledge and agree that by accessing or using the service we may receive certain information about you including personal information and we may collect use disclose store and process such information in accordance with our privacy policy to view our privacy policy visit https sell cratejoy com privacy section 13 errors inaccuracies and omissions occasionally there may be information on our site or in the service that contains typographical errors inaccuracies or omissions that may relate to product descriptions pricing promotions offers product shipping charges transit times and availability we reserve the right to correct any errors inaccuracies or omissions and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice including after you have submitted your order we undertake no obligation to update amend or clarify information in the service or on any related website including without limitation pricing information except as required by law no specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated section 14 prohibited uses in addition to other prohibitions as set forth in the terms of service you are prohibited from using the site or its content a for any unlawful purpose b to solicit others to perform or participate in any unlawful acts c to violate any international federal provincial or state regulations rules laws or local ordinances d to infringe upon or violate our intellectual property rights or the intellectual property rights of others e to harass abuse insult harm defame slander disparage intimidate or discriminate based on gender sexual orientation religion ethnicity race age national origin or disability f to submit false or misleading information g to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website other websites or the internet h to collect or track the personal information of others i to spam phish pharm pretext spider crawl or scrape j for any obscene or immoral purpose or k to interfere with or circumvent the security features of the service or any related website other websites or the internet we reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses section 15 disclaimer of warranties limitation of liability we do not guarantee represent or warrant that your use of our service will be uninterrupted timely secure or error free or that the results that may be obtained from the use of the service will be accurate or reliable you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice to you you expressly agree that your use of or inability to use the service is at your sole risk the service and all products and services delivered to you through the service are except as expressly stated by us provided as is as available and with all faults without any representation warranties or conditions of any kind either express or implied including all implied warranties or conditions of merchantability merchantable quality fitness for a particular purpose durability title and non infringement in no case shall cratejoy or our directors officers employees affiliates agents contractors interns suppliers service providers or licensors be liable for any injury loss claim or any direct indirect incidental punitive special or consequential damages of any kind including without limitation lost profits lost revenue lost savings loss of data replacement costs or any similar damages whether based in contract tort including negligence strict liability or otherwise arising from your use of any of the service or any products procured using the service or for any other claim related in any way to your use of the service or any product including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted transmitted or otherwise made available via the service even if advised of their possibility our maximum total aggregate liability to you for any and all claims including tort claims arising out of or related to these terms or our services shall not exceed the total amount of all payments made by you to cratejoy hereunder because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law section 16 indemnification you agree to indemnify defend and hold harmless cratejoy and our parent subsidiaries affiliates partners officers directors agents contractors licensors service providers subcontractors suppliers interns and employees harmless from any claim demand loss damage cost liability and expense including reasonable attorneys fees resulting from or arising out of 1 your violation of these terms of service including the documents incorporated by reference herein any law or regulation or any rights including intellectual property rights of another party 2 your content or 3 your use of the service section 17 severability in the event that any provision of these terms of service is determined to be unlawful void or unenforceable such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these terms of service such determination shall not affect the validity and enforceability of any other remaining provisions section 18 termination these terms of service are effective unless and until terminated by either you or us you may terminate these terms of service at any time by notifying us that you no longer wish to use our services or when you cease using our site if in our sole judgment you fail or we suspect that you have failed to comply with any term or provision of these terms of service we also may terminate these terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination and or accordingly may deny you access to our services or any part thereof any provision that by its terms is intended to survive the termination of these terms of service shall survive such termination and the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these terms for all purposes section 19 general provisions the failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision these terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service superseding any prior or contemporaneous agreements communications and proposals whether oral or written between you and us including but not limited to any prior versions of the terms of service these terms of service may not be amended by you except in a writing executed by you and an authorized representative of cratejoy you may not assign or delegate any right or obligation under the tos without the prior written consent of cratejoy any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party and the words such as include includes and including shall be deemed to be followed by the words without limitation any prevention of or delay in performance by cratejoy hereunder due to labor disputes acts of god governmental restrictions enemy or hostile governmental action fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay section 20 governing law these terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of texas without regard to conflict of laws principles the united nations convention on contracts for the international sale of goods is specifically excluded from application to the terms section 21 binding arbitration and class action waiver all claims as defined in the preamble shall be resolved by binding arbitration rather than in court except that you may assert claims in small claims court defined for the purposes of the terms as a court of limited jurisdiction that may only hear claims not exceeding 5 000 if your claims are within the court s jurisdiction there is no judge or jury in arbitration and court review of an arbitration award is limited the arbitration shall be conducted by the american arbitration association aaa under its then applicable commercial arbitration rules or as appropriate its consumer arbitration rules the aaa s rules are available at http www adr org the arbitrator will among other things have the power to rule on his or her own jurisdiction including any objections with respect to the existence scope or validity of the arbitration agreement or to the arbitrability of any claims payment of all filing administration and arbitrator fees shall be governed by the aaa s rules the arbitration shall be conducted in the english language by a single independent and neutral arbitrator for any hearing conducted in person as part of the arbitration you agree that such hearing shall be conducted in austin texas or if the consumer arbitration rules apply another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances as determined by the arbitrator the decision of the arbitrator on all matters relating to the claim shall be final and binding judgment on the arbitral award may be entered in any court of competent jurisdiction we each agree that all claims as defined in the preamble shall be resolved only on an individual basis and not in a class collective consolidated or representative action arbitration or other similar process and expressly waive any right to have a claim determined or resolved on a class collective consolidated or representative basis if for any reason the provisions of the preceding sentence are held to be invalid or unenforceable in a case in which class collective consolidated or representative claims have been asserted the provisions of this section 21 requiring binding arbitration shall likewise be unenforceable and null and void if for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that such claim shall be brought only in a court of competent jurisdiction in austin texas you hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue forum non conveniens or any similar grounds with respect to any such claim notwithstanding anything to the contrary we may each may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights whether in aid of pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this section 22 if we implement any material change to this section 22 such change shall not apply to ...
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