Terms & Conditions
TERMS OF SERVICE
These Terms and Conditions (these “T&C’s” or these “T&C’s”) contained herein on this webpage, shall govern your use of this site, including all pages within this site (collectively referred to herein below as this “site”). These T&C’s apply in full force and effect to your use of this site and by using this site, you expressly accept all T&C’s and conditions contained herein in full. You must not use this site, if you have any objection to any of these site Standard T&C’s and Conditions.
General Use of the Site
CRAVE retains the full and complete rights over the use of its tradenames, trademarks, copyright and intellectual property (“CRAVE IP”). You consent and warrant that by using the site you will not use, reproduce or distribute the tradenames, trademarks, copyright and/or intellectual property of any third party in connection with the CRAVE without the express authorization of such third parties.
The CRAVE site is not available to persons under the age of 18. If you are between the ages of 18 and the age of legal majority in your jurisdiction of residence, you may only use the CRAVE site under the supervision of a parent or legal guardian who agrees to be bound by these T&C’s. BY USING THE CRAVE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE T&C’S OF SERVICE IF YOU ARE BETWEEN 18 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE CRAVE SITE.
You may not use this Site in any way that is, or may be, damaging to this site.
You may not use the site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the site, or to any person or business entity.
You agree to use the CRAVE site in good faith at all times and in accordance with these T&Cs.
You agree and acknowledge that CRAVE shall have the right at its sole discretion and without course for appeal to block your access to the site if CRAVE deems you to be in violation of these T&Cs.
Licenses; User and Third-Party Content
Unless otherwise expressly stated in writing by CRAVE, by agreeing to these T&C’s you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the CRAVE Site for your personal use or internal business use only. CRAVE reserves all rights not expressly granted in these T&C’s. This license is subject to these T&C’s and does not permit you to engage in any of the following: (a) resale or commercial use of the CRAVE site or content; (b) distribution, public performance or public display of any CRAVE content; (c) modifying or otherwise making any derivative uses of the CRAVE site and related content, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the CRAVE site, content or any information contained in them, except as expressly permitted on the CRAVE site; or (f) any use of the CRAVE site or content except for their intended purposes. Any use of the CRAVE site or content except as specifically authorized in these T&C’s, without the prior written permission of CRAVE, is strictly prohibited, and may violate intellectual property rights or other laws.
CRAVE may provide other third-party content on the on its site (“Third-Party Content”). CRAVE does not control Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation its accuracy or completeness, and is not responsible for any such content. CRAVE does not make representations or warranties of any kind regarding any third-party sites referenced on the CRAVE site. A User’s business dealings or participation with promotions or advertisers on the CRAVE site are solely between you and that advertiser. Access and use of third-party sites, including the information, materials, products, and site on or available through such sites is solely at your own risk.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless CRAVE, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “CRAVE Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the CRAVE site, any User Content you post, store, or otherwise transmit in or through the CRAVE site, your violation of the rights of any third party, any violation by you of these T&C’s, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify CRAVE of any third-party claim, and CRAVE reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify CRAVE, and you agree to cooperate with CRAVE’s defense of these claims. CRAVE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE CRAVE SITE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CRAVE; (B) CRAVE DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE CRAVE SITE, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) CRAVE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE CRAVE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) CRAVE IS NOT RCRAVENSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE CRAVE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE CRAVE SITE SAFE, CRAVE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE CRAVE SITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRAVE OR THROUGH THE CRAVE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL CRAVE OR THE CRAVE PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE CRAVE SITE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CRAVE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CRAVE’S RECORDS, PROGRAMS, OR SITE; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CRAVE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE CRAVE SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CRAVE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, CRAVE SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SITE SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OTHER THAN CRAVE AND RECEIVED THROUGH OR ADVERTISED BY CRAVE OR RECEIVED THROUGH ANY SUCH THIRD-PARTY SITES.
Governing Law; Venue
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CRAVE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CRAVE.
You and CRAVE agree to arbitrate any dispute arising from these T&C’s or your use of the CRAVE site, except that you and CRAVE are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and CRAVE agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to CRAVE shall be sent to the address provided above. You and CRAVE further agree to attempt informal resolution prior to any demand for arbitration; that the location of such arbitration and applicable laws will be in the State of Delaware. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the applicable are deemed to be incorporated by reference into this clause.
Whether the dispute is heard in arbitration or in court, you and CRAVE will not commence against the other a class action, class arbitration, or other representative action or proceeding.
YOU AND CRAVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CRAVE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Other Important T&C’s
CRAVE reserves the right to modify CRAVE and these T&Cs at any time without notice or where it suspects CRAVE is being exploited.
If any provision of these T&C’s is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these T&C’s unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions herein.
CRAVE shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these T&C’s without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these T&C’s.
These T&C’s, including any legal notices and disclaimers contained on this site, constitute the entire agreement between CRAVE and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.
If we fail to exercise or enforce any right or provision of these T&C’s, it will not constitute a waiver of such right or provision. Any waiver of any provision of these T&C’s will be effective only if in writing and signed by the relevant party.
If any provision of these T&C’s is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these T&C’s to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These T&C’s, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by CRAVE without restriction. Any assignment attempted to be made in violation of this T&C’s shall be void.
Upon termination of these T&C’s, any provision which, by its nature or express T&C’s should survive, will survive such termination or expiration.
This site is provided “as is,” with all faults, and CRAVE makes no express or implied representations or warranties, of any kind related to this site or the materials contained on this site. Additionally, nothing contained on this site shall be construed as providing consult or advice to you.
The T&C’s, and the also incorporated Privacy Terms are considered the entire agreement between you and CRAVE relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, and by a change to these T&C’s made by CRAVE as set forth in the agreement.
Last updated February 21, 2021