ADRENALINE WORLDWIDETERMS OF SERVICE
Terms of Service
1. Acceptance of Terms
2. Your Registration Obligations
The Services are intended for access or use by persons that are at least eighteen (18) years of age and reside in the United States. In consideration for your use of the Services, you represent and warrant that: (a) you are at least eighteen (18) years of age, (b) you reside in the United States, (c) you are not a person barred from receiving access to the Services under the laws of the United States or other applicable jurisdiction, (d) you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”), and (e) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future access to or use of the Services (or any portion of the Services).
3. Subscriber Account, Password, and Security
You will receive a password and account designation upon completing the Service’s registration process. Any usernames and passwords used for the Service are for individual use only. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us 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. We are not liable for any loss or damage arising from your failure to comply with this Section 3.
Be mindful of any attempts at identity theft. In particular, be mindful of any communications where you are required to submit a credit card or other payment information. Always access your account information or any other sensitive information by going directly to the Adrenaline website and signing into the Service with your username and password. We reserve the right, but not the obligation, to put an account on hold with or without notification if we suspect that the account is engaged in fraudulent activity. We have no obligation to provide a discount or any other credit for accounts placed on hold. Furthermore, you expressly acknowledge that we are not liable for any loss or damage caused by fraudulent activity, including identity theft.
4. Description of the Subscription
a. General. The Services are offered on a subscription basis which may include certain Adrenaline Content, information, features, and other resources that we choose to make available from time to time (referred to as the “SVOD Service”). The SVOD Service allows you to view certain Adrenaline Content that we may choose to make available through the SVOD Service for a limited period of time. By registering for an account with the Service and paying the applicable subscription fee, subject to the TOS and your compliance with the TOS, you shall have a non-exclusive, non-transferable, revocable, personal and limited permission to access the SVOD Service solely for your personal viewing and entertainment during the subscription period, unless sooner terminated.
b. Access. You understand that the Services are not optimized for all web browsers or mobile versions of the same and that we are not liable for any restrictions to use or access the Service or any Adrenaline Content made available through the Service due to web browser or mobile browser incompatibility. Additionally, a stable connection to the internet is required. The Service is not optimized for mobile phones at this time. We are not responsible for any inaccessibility or lack of quality that may be caused by poor or slow internet or wireless connection.
5. Free Trial
Your subscription to the SVOD Service will start with a free trial, subject to the TOS, after which, if you pay for access to the SVOD Service, the subscription will continue month-to-month, unless and until you cancel your subscription or we terminate it, or otherwise terminate or cancel the SVOD Service. To obtain a free and trial to access the SVOD Service you must provide us with a valid method of payment (“Payment Method”). This free trial period lasts for thirty (30) days from the time you complete registration with the Service and complete entry of your Payment Method, or as otherwise specified during sign-up and registration. We may offer other special promotions or discounts and restrictions may apply. Free trials are limited to new subscribers only who register with the Service and enter a Payment Method. We reserve the right to cancel or terminate the free trial for the SVOD Service for any users who have not yet registered for the Service. The free trial is limited to the SVOD Service only and does not extend to any other Adrenaline Content, features or services made available through our website or other parts of the Service.
We will begin billing your Payment Method for the monthly subscription fee at the end of the free trial period, unless you have canceled your subscription to the SVOD Service before the last day of the free trial period. Please note that your subscription will automatically renew monthly unless cancelled before to the last day of the free trial period. To view your subscription details, visit your account settings while logged into your account on our website. To cancel your subscription to the SVOD Service, visit your account settings and follow the prompts and instructions for cancellation.
6. Subscription Billing
a. Recurring Billing. By registering for the SVOD Service and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the SVOD Service. These additional charges may include taxes or possible transaction fees. You acknowledge and agree that the amount billed may vary from month to month. This variation could occur for a number of reasons including: differing amounts due to promotional offers, discounts, and changes on your subscription. You authorize us to charge your Payment Method for these varying amounts, which may be billed monthly in one or more charges.
b. Price Changes. We may adjust the pricing for the SVOD Service or any other paid Services in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your Service will take effect following email notice to you, unless stated otherwise in this TOS or any posted guidelines.
c. Billing Cycle. The initial subscription fee for the SVOD Service will be billed after the last day of the free trial period and each month thereafter unless and until you cancel your subscription. Your Payment Method will be automatically billed each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are non-refundable and fully earned upon payment. If your Payment Method has not successfully settled, we may change the timing of your monthly billing cycle. Your paid subscription may begin on a day not contained in a given month. For this reason we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your SVOD Service or became a paying subscriber on January 31st, your Payment Method would be billed on February 28. You acknowledge that the SVOD Service renewal date may change due to changes in your subscription. To view your billing details and commencement date for billing, check your account settings. We reserve the right to bill your Payment Method in anticipation of subscription or service-related charges. “Billing” means a charge, debit or other payment clearance, as applicable, against your Payment Method when used in this TOS. Unless otherwise stated in the TOS, “month” or “monthly” refers to your billing cycle.
d. No Refunds. YOU ACKNOWLEDGE THAT ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIAL-MONTH SUBSCRIPTION PERIODS. However, we may provide a refund, discount or other form of credit if we, in our sole and absolute discretion, deem it appropriate under the circumstances. If we do elect to provide a refund, discount, or other form of credit, this does not entitle you or others to the same credit for future similar instances.
e. Payment Methods. By registering for the SVOD Service you warrant you are the cardholder or owner of any credit, debit, or any other financial information you provide to us as the Payment Method and that you are providing information for the Payment Method that is true, correct and not obtained under fraud or false pretenses. If you are using PayPal as a Payment Method you warrant that you are the account holder of any PayPal account provided to us. You also agree to provide us with a current, valid, and accepted method of payment throughout the term of your subscription. To edit your Payment Method, visit the Adrenaline website and visit your account settings. If your payment is not successfully settled, due to expiration, insufficient funds, or any other reason, you will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method.
To cancel your SVOD Service, visit your account settings and follow the prompts and instructions for cancellation. We reserve the right to cancel all or any portion of the SVOD Service or your subscription at any time as provided in the TOS. As per Section 6 above, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR CANCELLATIONS, unless required by law. Following any cancellation, you will continue to have access the SVOD Service only until the last day of your then-current monthly billing period and your account will automatically close at the end of your then-current monthly billing period.
8. Subscriber Conduct
By using or accessing the Service, you agree to the followings guidelines and rules of conduct. You also acknowledge that you are solely responsible for all content and information contributed by you on or through the Service, whether publicly posted or privately transmitted.
a. No Criminal or Unlawful Conduct. Do not use all or any part of the Services for any unlawful purpose. You may not engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability. This includes, but is not limited to intentionally or unintentionally violating any applicable local, state, national, or international law.
b. No Interference. Do not interfere with any other subscriber’s access, use, or enjoyment of all or any portion of the Services.
c. No Bullying. Do not use the Services to threaten, abuse, harass, stalk, or invade the privacy of any third party.
d. Content Posted Must Be Yours. Do not upload, post, email, transmit, or otherwise contribute or make available, whether directly or indirectly, any content that is fraudulent, or that violates any other person’s rights of publicity or privacy, or infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights of any party.
e. Your Materials Must Be Lawful and Appropriate. Do not upload, post, email, transmit, or otherwise contribute, distribute, facilitate or otherwise make available, whether directly or indirectly, any unlawful, harmful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, hateful, or otherwise inappropriate information of any kind.
f. Don’t Damage Adrenaline’s Systems or Services. Do not upload, post, distribute, or otherwise make available any material that contains software viruses or any other malicious computer code that is designed or intended to interrupt, destroy, damage, or limit the functioning of all or any portion of the Services, or to obtain unauthorized access to all or any portion of the Services, the SVOD Service, Adrenaline Content, or any content, data or other information of any third party or any of our subscribers.
g. No Circumvention of Digital Rights Management Tools. Do not attempt to violate any technologies or rules that protect the intellectual property rights of content producers which include, without limitation, Adrenaline, its business partners, or licensors.
h. No Solicitation. Do not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose.
i. No Unauthorized Access. Do not gain or attempt to gain unauthorized access to other systems or networks connected to our Services or use our Services, Adrenaline Content, or any information contained therein for any unlawful purpose.
j. No Collection of Personal Information from Other Users. Do not collect information about other users of our Services in connection with any prohibited conduct pursuant to this TOS.
k. Be Yourself. Do not impersonate another person or entity. Furthermore, do not falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity.
l. Follow These Terms of Service and Subscriber Conduct Rules. Do not take any action on or through our Services that violates the TOS.
The Services may provide, or third parties may provide, links to other websites or resources. Because Adrenaline has no control over such sites and resources, you acknowledge and agree that Adrenaline is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Adrenaline shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
10. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any portion of the Service (or any part thereof) with or without notice. In particular and without limitation, we reserve the right at our sole and absolute discretion, to: (a) make any unscheduled deployments of changes, modifications, updates or enhancements to the Service (or any part, feature or functionality thereof) at any time, with or without notice, (b) modify, add, disable or remove features or functionality of the Service, (c) modify, add, disable or remove any content, information or other material made available on or through the Service, including, without limitation, Adrenaline Content, (d) modify any pricing for the SVOD Service or any other subscriptions to our Services, subject to the TOS, and (e) modify, remove or substitute any promotions or special offers, including, without limitation, removing the free trial, made available on or through our Service. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, INTERRUPTION OR DISCONTINUANCE OF ALL OR ANY PORTION OF THE SERVICE, OR ANY FEATURES, CONTENT OR FUNCTIONALITY PROVIDED ON OR THROUGH THE SERVICE, OR REMOVAL OF ANY PROMOTIONS, FREE TRIAL, OR INTRODUCTORY OFFERS.
11. Intellectual Property Rights
a. Acknowledgement of Ownership. We own or license all right, title, and interest in and to the Services including but not limited to Adrenaline Content and the SVOD Service. You acknowledge that any and all content (including without limitation Adrenaline Content) contained in or posted, uploaded, or otherwise made available on or through the Service is protected under copyright, trademark, trade secret, patent, and other applicable intellectual property laws, rules, regulations, or treaties. For illustrative purposes, such content, including Adrenaline Content, includes but is not limited to: all video, music, artwork, graphics, logos, user interfaces, information, or any other elements of the Services legally protected by applicable intellectual property law. You acknowledge that no right, title, or interest in any part of the Service or Adrenaline Content is or will be transferred to you. You further acknowledge that, except as expressly permitted in this TOS, no other rights, licenses or privileges are granted by or on behalf of Adrenaline or regarding the Service, whether by estoppel, implication or otherwise.
b. License to Adrenaline. You hereby grant to Adrenaline and the Adrenaline Parties (defined below), and our business partners, talent, licensors, sponsors and content partners, an irrevocable, assignable, transferable, sublicenseable, perpetual, worldwide, royalty-free, fully paid up, right and license to use, reproduce, publicly perform, publicly display and disseminate, by any and all means or methods now known or later devised, your name, likeness, voice, avatar, if any, photo, and any content, data or information that you publicly post or contribute on or through the Service, in connection with our marketing and promotion of all or any portion of the Services, the SVOD Service, and any Adrenaline Content, including, without limitation, promotion via any and all social media channels.
c. Non-Commercial Use. Subject to the TOS and your compliance with the TOS, you may access the Service and, if you have paid for a subscription as required by the TOS, the SVOD Service, solely for your personal, non-commercial viewing and entertainment, but not otherwise. You agree not to frame any of the webpages or content, including but not limited to Adrenaline Content, made available through the Service or to scrape any pages of our website or Services. You further agree not to alter, delete or conceal any copyright or legal notices contained in or made available through the Services, including but not limited to copyright, trademark, service mark or any other notices contained on the Services. You will not facilitate, assist or permit any third parties to do any of the above or to violate any other part of the TOS.
d. Feedback. Any feedback, suggestions or comments that you provide or share on or through the Service or that relate to all or any portion of the Service will be owned exclusively by Adrenaline (“Feedback”). You further acknowledge that we will own all right, title and interest in and to all Feedback, including all intellectual property rights in the Feedback, and that we reserve the right to incorporate all or any portion of such Feedback in the Services and any other Services or content that we may later develop or have developed on our behalf. You understand and acknowledge that you will not receive, and Adrenaline has no obligation to provide, any compensation, royalty, credit or other remuneration of any kind in connection with your provision of or our use of any Feedback.
e. Compliance with Intellectual Property Law. We require users to respect our copyrights, trademarks, and other intellectual property rights as well as the intellectual property rights of others. You acknowledge that any unauthorized or prohibited use of any content may subject you to liability. This includes but is not limited to: civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. You will not, and you will not allow any third party to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use the SVOD Service, or any content or information made available on or through the Services, including, without limitation, any Adrenaline Content.
f. Digital Millennium Copyright Act (“DMCA”). Pursuant to 17 U.S.C. Section 512, as amended by Title II of the DMCA, we reserve the right, but not the obligation, to terminate your access and use of our Services if we determine in our sole and absolute discretion that you are involved in infringing activity. This includes alleged acts of first-time or repeat infringement. Pursuant to the DMCA, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the DMCA, If you believe your work has been copied and made available on or through these Services in a way that constitutes copyright infringement, send notification of claimed infringement with all of the following information to our Copyright Agent:
i. Identification of Copyrighted Work. You must provide an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered, a representative list of such works.
ii. Location of Allegedly Infringing Work. You must provide the location of such allegedly infringing work. This means we need information reasonably sufficient to permit us to locate the material. Providing a URL(s) of the claimed infringing material may satisfy this requirement.
iii. Contact Information. You must provide us with contact information. This means information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
iv. Unauthorized Use. You must provide us with a statement that you have a good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law.
v. Accuracy of Information and Authorization. You must provide a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
vi. Signature. Adrenaline asks that you provide your physical or electronic signature.
Adrenaline’s Copyright Agent for notification of claimed infringement can be reached as follows:
All Star Karate
2699 Spring Street
Redwood City, CA 94063
Email: [email protected]
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADRENALINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES AS TO QUALITY, AVAILABILITY, TITLE AND NON-INFRINGEMENT.
b. IN ADDITION, ADRENALINE MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, SVOD SERVICE, ADRENALINE CONTENT, OR ANY OTHER CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADRENALINE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
f. YOU UNDERSTAND THAT EXTREME MARTIAL ARTS IS A DANGEROUS SPORT THAT CARRIES A HIGH RISK OF INJURY OR PROPERTY DAMAGE. ADRENALINE WOULD LIKE TO REMIND YOU THAT THE ATHLETES, WHETHER PROFESSIONAL OR AMATEUR, FEATURED ON OR THROUGH THE SERVICE OR IN ANY CONTENT, INCLUDING ADRENALINE CONTENT, ARE TRAINED IN THE SPORT. ADRENALINE STRONGLY URGES YOU NOT TO EMULATE OR ATTEMPT TO DO WHAT THE ATHLETES FEATURED ON THE SERVICE OR APPEARING IN ANY CONTENT, INCLUDING ADRENALINE CONTENT, ARE DOING, HAVE DONE OR ARE DESCRIBING. ADRENALINE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OF THE EXTREME MARTIAL ARTS THAT MAY BE PERFORMED OR DESCRIBED ON OR THROUGH THE SERVICE OR THAT THE TECHNIQUES, MOVEMENTS OR ROUTINES USED OR PERFORMED BY ANY OF THE ATHLETES ARE PROPER OR SAFE. ADRENALINE HEREBY DISCLAIMS ANY AND ALL LIABILTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR DEATH ARISING FROM ANY ACTION OR INACTION, NEGLIGENCE, OR MISCONDUCT ARISING OUT OF OR RELATED TO YOUR PEFORMANCE OF, PARTICIPATION IN, OR SIMULATION OR EMULATION OF ANY EXTREME MARTIAL ARTS.
14. Your Responsibility
You understand that Adrenaline, its partners and licensors, and all of our and their respective officers, directors, employees, agents, licensors, suppliers are not responsible for any claims, losses, damages, liabilities, costs or expenses, arising out of or resulting from: (a) any breach of this TOS or any third party terms by you, (b) any content or information that you upload, post, share, host, display, transmit, copy or distribute, (c) our compliant exercise of any rights under any licenses or permissions you grant us pursuant to the TOS, (d) any allegation that your content or your use of the Service violates any law, regulation or order, or infringes, violates or misappropriates the rights of any third party, including but not limited to those pertaining to intellectual property, rights of publicity, personality, and privacy, (e) your access to and use of the Services, including but not limited to the use of any features offered on or through the Service, any third party services, any content or comments provided or shared by others on the Service, and your actions with respect to any content, including Adrenaline Content, available on or through the Service, and (f) personal injury, property damage or death to you or any other person(s) arising from your actual or attempted participation in, or simulation, emulation or performance of any extreme martial arts movements or routines, including any that were described on or accessible on or through the Service.
To the maximum extent permitted by law, you agree to indemnify and hold Adrenaline and its subsidiaries, affiliates, officers, members, agents, licensors, contractors, and advisors (collectively, “Adrenaline Parties”), harmless from and against any and all lawsuits, claims, demands, losses, settlements, damages, fines, and penalties, including reasonable attorneys’ fees and costs, made by your successors, assigns, heirs, or any third party arising out of or related to: any act, omission, negligence or misconduct on your part in connection with the TOS, your breach of the TOS, your use or misuse of all or any part of the Service or any content available on or through the Service, including Adrenaline Content, your violation, infringement or misappropriation of the rights of any third party, and any personal injury, property damage or death, to you or any other person(s) due to your participation in, performance of, simulation, or emulation of any extreme martial arts.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADRENALINE AND ADRENALINE PARTIES WILL NOT BE LIABLE TO YOU, YOUR SUCCESSORS, ASSIGNS, HEIRS, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL , PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADRENALINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM ANY MATTERS DESCRIBED IN THE DISCLAIMERS, ANY CLAIMS COVERED BY THE INDEMNITY FROM YOU TO US AND THE ADRENALINE PARTIES, THE USE OR THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY ADRENALINE ATHLETE OR THIRD PARTY ON THE SERVICE; ANY PARTICIPATION OR PERFORMANCE OF, OR SIMULATION OR EMULATION BY YOU OF ANY EXTREME MARTIAL ARTS, OR ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 13 AND 17 MAY NOT APPLY TO YOU.
We reserve the right at any time, and from time to time, to suspend or discontinue all or any portion of your account or access to any Services, including the SVOD Service, with or without notice for any of the following: (a) failure to make a payment or update your Payment Method, (b) technical issues and system upgrades, (c) engaging or suspected engagement in fraudulent activity; (d) misappropriation or suspected misappropriation of all or any portion of the Services; (e) copying or suspected copying of all or any portion of any content, information or Adrenaline Content, (f) actual or suspected violation of any restrictions in the TOS, or (g) non-compliance or suspected non-compliance with this TOS or other incorporated agreements or guidelines. You agree that Adrenaline shall not be liable to you or to any third party for any such suspension.
a. Termination for Cause. You expressly acknowledge and agree that we may, without prior notice, immediately terminate your account or limit access to your account or the Service, including the SVOD Service for cause, which shall include but is not limited to:
i. Violation of the TOS. We reserve the right to terminate or limit access to your account or the Service for breaches or violations of the TOS or other incorporated agreements or guidelines.
ii. Requests from Law Enforcement We reserve the right to terminate or limit access to your account or the Service pursuant to requests by law enforcement or other government agencies.
iii. Self-Initiated Termination. We will honor a request by you (self-initiated account deletions) to terminate your account.
iv. Material Modification. We reserve the right to terminate or limit access to your account or the Service if there is a discontinuance or material modification to the Service (or any part thereof).
v. Technical Issues. We reserve the right to terminate or limit access to your account or the Service if there are unexpected technical or security issues or problems.
vi. Inactivity. We reserve the right to terminate or limit access to your account or the Service if there are extended periods of inactivity.
vii. Illegal Activities. We reserve the right to terminate or limit access to your account or the Service if you are found to or are suspected of engaging in fraudulent or illegal activities.
viii. Non-Payment. We reserve the right to terminate or limit access to your account or the Service for non-payment of any fees owed by you in connection with the Services.
b. Effect of Termination or Cancellation
i. Effect on your access. Any termination or cancellation will result in any or all of the following: removal of access to all offerings within the Service (including access to the SVOD Service and any Adrenaline Content), deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and barring further access to the Service. Furthermore, you expressly acknowledge and agree that all terminations for cause will be made in Adrenaline’s sole discretion and that Adrenaline will not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
ii. Survival. All provisions of the TOS which, by their nature, should survive will continue indefinitely in full force and effect after the termination of your account or access to the Service. In addition, all defined terms, and disclaimers of this TOS will survive any termination or expiration of any portion of the Services.
20. General Information
b. Choice of Law and Forum. The TOS and the relationship between you and Adrenaline will be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Adrenaline agree to submit to the personal and exclusive jurisdiction of the courts located within San Mateo County, California.
c. Waiver and Severability of Terms. The failure of Adrenaline to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, with all other portions of that provision and all other provisions of the TOS remaining in full force and effect.
d. No Right of Survivorship and Non-Transferability. You agree that your Adrenaline account is is personal and non-transferable and any rights to your Adrenaline account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
e. No Resale of Services. You agree not to copy, sell, trade, resell, license, publicly share, disseminate, or exploit for any commercial purposes or otherwise, all or any portion of the Service (including your Adrenaline account), the SVOD Service, any content or information, including Adrenaline Content made available on or through the Service, or any use of or access to all or any portion of the Service.
f. No Third Party Beneficiaries. You agree that, except for Adrenaline Parties, there are no other third party beneficiaries to this Agreement.
g. Force Majeure. Any delay or accessibility issue in providing the Service, including the SVOD Service, will be excused if caused by any event or occurrence beyond our reasonable control, including but not limited to, acts of God, war, terrorism, epidemics, power outages, failures of the Internet, failures of wireless networks, labor strikes, and other unforeseen events. We will use reasonable efforts to resume performance after the force majeure event has abated. This provision will not excuse or delay any payments due us for any subscription.
h. Relationship. Nothing contained in the TOS shall be construed as creating any employer-employee, agency, partnership, franchise, or other form of joint enterprise between you and us.
i. Statute of Limitations. To the maximum extent permitted by law, you agree that regardless of any statute or law to the contrary, any claim or cause of action asserted by you that is arising out of or related to the Services, the SVOD Service, the Adrenaline Content, your access to or use of the Services or the TOS, must be filed within one year from the date on which such claim or cause of action first arose or such claim or cause of action will be forever barred, and you waive any claims or causes of action after such date if not so filed.
j. Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Last Updated: July 17, 2017