Last Revised: July 7, 2016
1. INFORMATION WE COLLECT
2. CHILDREN’S PRIVACY
3. HOW WE USE INFORMATION
4. How We Share Your Personal Information.
6. RETENTION OF PERSONAL INFORMATION
7. LINKS TO THIRD PARTY WEBSITES
8. YOUR CHOICES
10. USERS OUTSIDE THE UNITED STATES
11. CALIFORNIA PRIVACY RIGHTS
12. CONTACT US
13. OTHER TERMS AND CONDITIONS
1 INFORMATION WE COLLECT
When you interact with us through the Service, we collect and store personal and general information from you. "Personal Information" includes information that can be linked to a specific individual, such as name, e-mail address, username, password, location, and login information. "General Information" includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.
1.1 Information Collected via Technology
In an effort to improve the quality of the Service, we may track information provided to us by your browser when you view the Service, such as your internet protocol (IP) address, Internet service provider, the website you came from (known as the "referring URL"), the type of browser you use, your operating system, the device from which you connected to the Service, the time and date of access, the Service pages viewed, time spent at our Service. We track this information using cookies, or small text files which include an anonymous unique identifier ("Cookies"). Cookies are a feature of web browser (Internet Explorer, Firefox, Chrome, etc.) software that allows web servers to recognize the computer used to access a site. Core only uses session Cookies, which expire when you close your browser. These Cookies allow you to access the Service without needing to remember and then enter a password more than once during a visit to the Service.
If you wish to disable Cookies, you may do so by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Service. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off.
1.2 Information That You Provide Through the Service
We collect information of different types in order to benefit Content Partners, improve their ability to engage and communicate with you, to better the Service and for other general business purposes.
Demographic or Other Data. We may also collect and store demographics or other data, such as age, gender, zip code or similar information, from you when you voluntarily provide such information.
Posted Content. We may also collect and store data and information from the posts you share through the Service.
2 CHILDREN’S PRIVACY
We do not allow persons under 13 to register for the Service, and we do not knowingly collect any Personal Information from persons under the age of 13. We do not direct any of our business practices or system outputs towards children under the age of 13.
3 HOW WE USE INFORMATION
3.1 How We Use Personal Information
We use the information we collect to: provide and improve the Service and our other products and services; customize the Service for you; better understand our users; communicate with you about the Service and our other products and services that we think may interest you; verify the identity of Core’s users; and diagnose and fix problems with the Service. Core may also use your Personal Information and General Information to help us improve the content and functionality of the Service and to better understand our users.
The Content Partner associated with your use of the Service may also use your Personal Information, as described in Section 4 (How We Share Your Personal Information – Content Partners) below.
Core may use your Personal Information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below under "Your Choices."
3.2 Aggregated Information
In an ongoing effort to better understand and serve users, Core may conduct research on its customer demographics, interests and behavior based on the Personal Information and General Information provided to us. This research may be compiled and analyzed on an aggregate basis and will not be capable of being used to identify you personally ("Aggregated Information"). Core may use Aggregated Information to improve and market the Service, and for other lawful purposes. Aggregated Information includes, but is not limited to, daily active users, length of sessions, the number of posts by a Content Partner and profile visits by Content Partner.
3.3 Public Areas of the Service
The Service includes publicly-accessible message boards, comments, and other areas. Any information, including Personal Information, you provide in the publicly-accessible areas of the Service may be read, collected and used by others who access them. We urge you to use discretion when deciding whether to post any Personal Information or other sensitive information in these areas. If you mistakenly provide Personal Information in a public areas of the Service, you may contact Core at firstname.lastname@example.org, and we will attempt to remove such information from the Service. Note that information, once provided in these areas may be viewed and copied by others.
4 How We Share Your Personal Information.
4.1 Content Partners.
Content that you submit, upload, or otherwise make available on or through the Service, including photos, may be used by our Content Partners for marketing, promotional, or other commercial purposes. The manner in which a Content Partner uses, stores and discloses your information and content is governed by the policies of such Content Partner. You should review the applicable terms and policies of such Content Partner, including privacy and data gathering practices.
We share posted content and analyze and report relevant data and content back to the Content partners that they relate to in an effort the help them improve the Content Partner’s offerings.
4.2 Agents, Consultants and Related Third Party Service Providers.
4.3 “Do not track” or “DNT” technology
The Service does not follow the direction of “do not track” or “DNT” settings that are available in some browsers.
4.4 Google Analytics.
4.5 Aggregated Information.
Core may share Aggregated Information with Content Partners, its agents, investors, business partners and other third parties to conduct research on its users, market and promote the Service, and for other lawful purposes.
4.6 Mergers, Acquisitions and Similar Business Transactions.
4.7 As Required By Law.
Core may disclose an information, including your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or a government request, (ii) verify compliance with or enforce our Terms of Service or protect and defend the rights or property of Core, our customers, users or others, (iii) act in urgent circumstances to protect the personal safety of users or the public, or (iv) protect against legal liability.
Core takes reasonable steps (including physical, electronic and procedural measures) as we deem appropriate to protect the Personal Information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission or electronic storage of information is ever fully secure or error free. Although we take reasonable steps to safeguard and prevent unauthorized access to your Personal Information, we can’t be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access. By using the Service, you knowledge that you understand and agree to assume these risks.
6 RETENTION OF PERSONAL INFORMATION
7 LINKS TO THIRD PARTY WEBSITES
8 YOUR CHOICES
If you choose not to provide any Personal Information, you may not be able to use the Service, or parts of the Service.
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to you, each such communication will contain instructions permitting you to “opt-out” of receiving future communications. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out via such communications or on the Service, we may continue to send you administrative e-mails, such as notifications about any security issues with your account.
You may keep your Personal Information accurate, current, and complete by logging into your account, if you have registered through the Service. You may also contact us at email@example.com. We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via the Service.
10 USERS OUTSIDE THE UNITED STATES
11 CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org.
12 CONTACT US
Core Mobile, Inc.
1733 Abbot Kinney Blvd, Suite C, Venice CA 90291
13 OTHER TERMS AND CONDITIONS
Your access to and use of the Service is subject to the Terms of Service.
Terms of Service
Last Revised: July 7, 2016
Core, Inc. (“Core”, “we”, “us”, or “our”) provides certain services (as described below) to users (“users”, “you”, or “your”) through its website located at www.coremobile.net, any of its subdomains, mobile sites and any website embedded by Core in a third party website (collectively, the “Service”), subject to the following Terms of Service (“Terms of Service”). If you use the Service on behalf of a company, organization, or other entity, then (a) “you” or “your” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in the Terms of Service, and that you agree to the Terms of Service on the entity’s behalf. BY REGISTERING OR USING THE SERVICE, YOU AGREE TO ALL OF THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICE. In addition, when using certain parts of the Service, you will be subject to any additional terms posted on the Service. All such terms are hereby incorporated by reference into the Terms of Service.
We reserve the right to modify the Terms of Service at our sole discretion. Any such modifications will be effective immediately upon posting. The date of the latest revision will always appear at the top of the page. You should periodically visit this page to review the current Terms of Service so you are aware of any modification to which you are bound.
Please note that Core does not provide warranties for the Services. This contract also limits our liability to you and contains an arbitration provision and a class action waiver. See Sections 8 (DISCLAIMER OF WARRANTIES), 10 (LIMITATION OF LIABILITY) and 11 (ARBITRATION) of these Terms for details.
1 ABOUT THE SERVICE
The Service provides a community platform to view, discover and watch video game-related content and feel part of a community of video game players and engage with companies whose products you love (each, a "Content Partner") to engage with users who enjoy those Content Partner’s products and/or services and who are interested in communicating with those Content Partners. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, will automatically be deemed to be part of the Service and subject to these Terms of Service. To the extent you access the Service through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Core reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Core and its subsidiaries and affiliates shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge that Core may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Core’s servers on your behalf. You agree that Core has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Core reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Core reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
If you choose to register for the Service by creating an account, you may be required to submit account information including a username (which displays your first name and the first initial of your last name), email address, and password. You agree to provide and maintain accurate and complete registration information about yourself.
You are responsible for maintaining the confidentiality of your user name and password, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Core of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Core will not be responsible or liable for any loss or damage arising from failure to comply with these obligations.
3 LICENSE TO YOU
Core hereby grants to you, subject to the terms and conditions of these Terms of Service, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Service and Proprietary Material (as defined below) solely for your personal, non-commercial use, within the United States, subject to the limitations set forth in herein. Any rights not expressly granted herein are reserved. Any use of the Service other than as specifically authorized herein, without the prior written permission of Core, is strictly prohibited and will terminate the license granted herein.
You acknowledge and agree that all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, “Proprietary Material”) that you access through the Service are owned by Core or its subsidiaries, affiliates or licensors, excluding User Content (as defined below) that Core has the right to use.
You agree to protect the Service, and its proprietary content, information and other materials, including technology and software, from unauthorized access or use, and you agree that you will not use the Service or such proprietary content, information or other materials except as expressly permitted herein. Except as specifically permitted herein, you agree that you will not directly or indirectly: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Service or Proprietary Material, any updates, or any part thereof in any unauthorized manner; or (b) copy, reproduce, adapt, create derivative works of, translate, localize, port, reverse engineer, reverse assemble, otherwise attempt to discover any source code, or otherwise modify the Service or Proprietary Material, any updates, or any part thereof in any form or manner by any means. You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights notices on or used in the Service; (ii) use any data mining, robots, scraping or similar data gathering or extraction methods on or through the Service; (iii) use any means to discover the trade secrets in the Service; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Service. Any attempt to do any of the foregoing is a violation of the rights of Core and its subsidiaries, affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.
The “Core” name and logo are trademarks and service marks of Core (collectively the “Core Marks”). Other company, product, and service names and logos used and displayed via the Service (collectively the “Third Party Marks”) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Core. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Core Marks or Third Party Marks displayed on the Service, without the owner’s prior written permission in each instance. All goodwill generated from the use of the Core Marks or Third Party Marks will inure to the exclusive benefit of the owner.
4 LICENSE TO CORE
WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION IN OUR SOLE DISCRETION. WITHOUT LIMITING THE FOREGOING, WE RESERVE THE RIGHT TO REMOVE ANY CONTENT THAT VIOLATES THESE TERMS OF SERVICE OR ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICE.
You acknowledge and agree that any and all (i) questions, comments, suggestions, ideas, feedback or other information about the Service provided by you to Core (collectively “Feedback”), and (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Core or otherwise relating to the Service (collectively “Revisions”) are and will remain the property of Core. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or Revision. All Feedback and Revisions become the sole and exclusive property of Core and Core shall be entitled to the unrestricted use and dissemination of Feedback and Revisions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby assign to Core any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. At Core’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
5 YOUR OBLIGATIONS
You are solely responsible for your use of and activity in relation to the Service. Your permission to use the Service is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances use the Service to:
- post or otherwise transmit any content that
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, or hateful racially, ethnically or otherwise objectionable;
- violates the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- infringes any intellectual property or other proprietary rights of Core or any other party;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- in the sole judgment of Core, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Core or its users to any harm or liability of any type;
- “stalk,” harass or otherwise violate the legal rights of others;
- harm minors in any way; impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with a person or entity; or provide false or inaccurate information to Core;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any terms which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
You acknowledge and agree that you will not send unsolicited emails or other unsolicited communications to any users and that you will comply with any request from any users to not receive such communications. Such unsolicited emails may constitute misrepresentation, misappropriation of Core’s name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which Core shall be entitled to take appropriate legal action.
Only residents of the United States are permitted to use the Service. You agree not to use or attempt to use the Service from outside of the United States. Core may use technologies to verify your compliance. The Service is operated from within the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
6 THIRD PARTY CONTENT AND SERVICES
Core provides a platform for Content Partners to communicate with end users like you[AR1] . However, Core has no control over and disclaims any responsibility for any statements, promises, promotions, materials, information, goods or services of Content Partners communicated through Core’s Service (collectively, “Partner Content”).
Partner Content and User Content does not represent the advice, views, opinions or beliefs of Core, and Core makes no claim of accuracy for any such content. Core allows for the upload of Partner Content and User Content and may include links to third party websites. Partner Content, User Content, and any linked websites' content, business practices and privacy policies are not under Core’s control, and we are not responsible for any User Content, linked third-party website or anything therein. The inclusion of Partner Content, User Content and/or links on the Service does not imply any endorsement by or any affiliation with Core. You agree that Core and its subsidiaries and affiliates will not be responsible or liable for Partner Content, User Content, or any other third party content transmitted on or through the Service or any linked website, the acts or omissions of third parties, or any loss or damage occurred as a result of the use of any of the above. Content available through the Service is to be used for general information purposes only and never as a substitute for in person evaluation or professional advice (including without limitation regarding medical, legal, tax, or financial issues).
Through your use of the Site and Services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Service, you assume all associated risks.
Your correspondence, dealings and other interactions with organizations and/or individuals found on or through the Service, including promotion and/or attendance at any event posted on or promoted through the Service, and any electronic or personal communications on or through the Service or related to your use of the Service (collectively “Interactions”) are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any Interaction with any of these third parties. You agree that Core and its subsidiaries and affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such Interaction.
7 TERM AND TERMINATION
These Terms of Service shall commence when you begin using the Service and shall continue until terminated in accordance with this section. You may terminate your account upon one day prior notice by emailing us at email@example.com and ceasing all use of the Service.
You agree that Core, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if Core believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Core may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Core shall not be liable to you or any third party for any termination of your access to the Service.
8 DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORE MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING CORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, ANY INTERACTION, OR ANY SITE LINKED TO THE SERVICE. CORE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING ANY CONTENT PARTNER, THROUGH THE SERVICE OR ANY HYPERLINKED SITE AND CORE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD PARTY.
NEITHER CORE NOR ITS SUBSIDIARIES, AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU, ANY OTHER USER, OR CONTENT PARTNER.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORE, ANY CONTENT PARTNER, OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
You hereby acknowledge and agree that this disclaimer of warranties is a fundamental part of the agreement between you and Core contained in these Terms of Service and that Core would not agree to enter these Terms of Service or allow you access or use the Service without such disclaimers.
9 RELEASE AND INDEMNIFICATION
By using the Service or participating in any Interaction, you agree to release and discharge Core and its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (the “Core Entities”) from any and all losses, damages, rights, claims, proceedings, actions of any kind and injury (including death, libel, slander, defamation, invasion of any rights of privacy, publicity or personality), penalties, fines, costs, expenses (including reasonable attorneys’ fees) (each, a “Claim”) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person, any content posted on the Service (including without limitation your name or likeness), and your participation in any Interaction. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify and hold Core and the Core Entities harmless from any Claim made by any third party arising out of or in connection with your use of the Service, your participation in any Interaction, any material you post or transmit, any breach by you or any user of your account of these Terms of Service, or any violation by you of any rights of any third party.
10 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL CORE OR THE CORE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATED TO THESE TERMS OF SERVICE OR USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
11 ARBITRATION; CLASS ACTION WAIVER
This Section 11 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
11.2 Informal Process First.
You agree that in the event of any dispute between you and Core, you will first contact Core and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
11.3 Arbitration Agreement.
After the informal dispute resolution process any remaining Claim relating in any way to your use of Core’s services and/or products, including the Service, or relating in any way to the communications between you and Core or any other user of the Service, will be finally resolved by binding arbitration. This mandatory arbitration agreement (“Arbitration Agreement”) applies equally to you and Core. However, this Arbitration Agreement does not (a) govern any Claim by Core for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms of Service or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this Arbitration Agreement within thirty (30) days of the first date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Core are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms of Service.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Core, Inc., Attn: Core Mobile, Inc., 1733 Abbot Kinney Blvd. Suite C, Venice CA 90291 The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language and California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with Core and you are an individual, you may opt out of this Arbitration Agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first date you access or use the Service.
11.4 CLASS ACTION WAIVER
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Core each waive any right to a jury trial.
12 COPYRIGHT COMPLAINTS
Core respects the intellectual property of others, and we ask our users to do the same. Core will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. In an effort to protect the rights of copyright owners, Core maintains a policy for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Core’s designated copyright agent [AR2] at Core Mobile, Inc., 1733 Abbot Kinney Blvd. Suite C, Venice CA 90291 ATTN., DMCA issues:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- 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
- 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.
If you believe that User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York 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 the Core copyright agent, Core may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may (in Core’s discretion) be reinstated on the Service in 10 to 14 business days or more after receipt of the counter-notice.
We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the Service. You may provide legal notice to us via email to email@example.com, with a duplicate copy sent via registered mail, return receipt requested, to the following address: Core, Attn: 1733 Abbot Kinney Blvd. Suite C, Venice CA 90291 Any such notice, in either case, must specifically reference that it is a notice given under these Terms.
14.1 Severability; Entire Agreement.
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.
14.2 Governing Law
These Terms of Service shall be governed by the laws of the State of California without regard to its conflict of laws provisions, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and Core agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or a particular Claim (except for small-claims court actions), either as a result of your decision to opt out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that the Claim will be resolved exclusively by a state or federal court located in California. You and Core agree to submit to the personal jurisdiction of the courts located within California for the purposes of litigating such Claims. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14.3 Assignment and transfer
We may assign, transfer, or otherwise dispose our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign these Terms or transfer any rights to use the Service.
14.4 Independent Contractors; No third-party beneficiaries
Core and you are not legal partners or agents; instead, our relationship is that of independent contractors. These Terms are solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
You must bring any claim related to these Terms or the Service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it is not filed in time, the claim is permanently barred.
The failure of you or Core to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of your right or Core’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
14.7 Government Use
If you are a U.S. government entity, you acknowledge that any Software and User Guides that are provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
Please contact us at firstname.lastname@example.org to report any violations of the Terms of Service or to pose any questions regarding these Terms of Service or the Service.