Terms and Conditions of Submission

These terms and conditions of Submission (“Terms of Submission”) govern submitting, upload or post of any comments, ideas, suggestions, information, files, videos, music, images or other materials (“User Generated Content”) to our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Claridei Laboratories Inc. (“CRASH CREAM”) including through www.crashcream.com websites (collectively, the “Sites”) by you (Grantor). Submission or User Generated Content signifies your compliance with these Terms of Submission and is a condition to your submission of User Generated Content. If you do not agree to be bound by the Terms of Submission, promptly exit this Site.

1. ELECTRONIC SIGNATURES

Grantor consents to receive communications from us electronically. Grantor agrees that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to Grantor electronically satisfy any legal requirement that such notice or other communications be in writing.

2. USER GENERATED CONTENT, SUBMISSION(S) AND OTHER POSTINGS TO THE SITE

Through submitting, User Generated Content, Grantor acknowledges that Grantors electronic submission(s) constitutes Grantors agreement and intent to be legally bound by these terms. Grantor also agrees not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Granto represents and warrants to CRASH CREAM that Grantor has the legal right and authorization to provide all User Generated Content to CRASH CREAM for the purposes and CRASH CREAM use as set forth herein. All submissions become the sole property of CRASH CREAM. Grantor agrees that Grantor is giving an irrevocable grant of the User Generated Content to CRASH CREAM. CRASH CREAM shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however CRASH CREAM desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the Universe. CRASH CREAM is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to Grantor any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

CRASH CREAM reserves the right (but is not obligated) to monitor and edit or remove any User Generated Content submitted to the Site. Grantor grants CRASH CREAM the right to use the name, online alias, handle, username, screen name, or nick name in connection with any User Generated Content. Grantor agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. Grantor is and shall remain solely responsible for the content of any User Generated Content Grantor submits. CRASH CREAM and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by Grantor or any third party.

Grantor agrees to defend, indemnify and hold CRASH CREAM, its successors, its officers, directors, employees, agents, licensees, distributors, assigns, and affiliates harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by CRASH CREAM arising out of any User Generated Content Grantor submits, posts or allow to be posted to the Site.

3. GRANTOR REPRESENTATIONS AND WARRANTIES

Grantor Has exclusive, unencumbered, and sole ownership of all rights of any kind of the User Submitted Content throughout the universe. Grantor has the licensed rights and has clear title to the User Submitted material upon which it is based. Grantor has all and any right to grant to CRASH CREAM, said rights, licenses, and privileges granted to Crash Cream under these terms. Grantor has not authorized any other party nor will they authorize any other party to exercise any action or right that impairs the rights herein granted to CRASH CREAM.

It is expressly understood CRASH CREAM is not and will not assume any obligation under any existing or future contracts entered into by the grantor. No other rights need to be cleared or any payments required to be made and CRASH CREAM has full and all rights required for use of the User Submitted Content. Grantor has not previously entered into any other arrangement or contract for rights to the User Generated Content which will impede the Granted rights to Crash Cream

4. INFRINGEMENT

Use of the User Submitted Content and no part of the content contained therein, or the use of the grant given to CRASH CREAM, violates, infringes, will violate, or will infringe, on any copyright (whether statutory or common law), trade, trademark, contract, trade name, agreement, music, patent, artistic, civil, personal or publicity right. There are no anticipated, threatened, or existing claims or litigation connected to the User Submitted Content, or to you, that would impair or adversely affect any of the granted rights.

5. CONFIDENTIALITY

You acknowledge that these terms, the rights you granted, and information are confidential in nature and agree not to disclose the content thereof to any third parties, except:
(a) As may be reasonably required in order to comply with any obligations imposed by these terms or any statute, ordinance, rule, regulation, other law, or court order.

6. TERMINATION BY YOU

If you desire to terminate this agreement, please send an e-mail message to terminate the agreement to info@crashcream.com. This agreement shall only be terminable upon the mutual agreement of both parties in writing. CRASH CREAM retains the right to evaluate and determine whether to grant or deny such request at its sole discretion. No termination shall impact prior use, placement, edit, licensing or manipulation of the User Generated Content and they shall remain in effect.

7. ADDITIONAL FORMS

Additional forms are not anticipated and the grantor agrees to complete any additional forms at the request of CRASH CREAM. Any User Submitted Content submitted by an individual who is an eligible minor will require said minor’s legal guardian to sign all required documents and return them to CRASH CREAM. Failure to sign and return documents does not alter in any way the rights granted to CRASH CREAM granted at the time of submission.

8. ENTIRE AGREEMENT

9. LIMITATION OF LIABILITY REGARDING USE OF SITE

CRASH CREAM and any third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Site-related Services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related Services, and/or linked websites is to stop using the Site and/or those Services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of CRASH CREAM to you with respect to your use of this Site is $500 (five hundred dollars).

10. REVISIONS; GENERAL

These Terms of Submission represent the entire contract between Crash Cream, and you concerning the submission of User Generated Content to Crash Cream. You acknowledge and agree that this Agreement supersedes any prior oral or written agreements, understandings, or representations between the parties. These Terms of Submission constitute the entire agreement between CRASH CREAM and you pertaining to the subject matter hereof. In its sole discretion, CRASH CREAM may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Submission, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Submission may be superseded by expressly designated legal notices or terms located on particular pages within this Site. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.