Last Updated: June 15, 2021
Adrenaline, LLC or its
subsidiary or affiliated companies (“Adrenaline”,
“we”, or “our”) has created, controls and publishes this website (the “Site”).
Adrenaline provides the
Site and related programs, websites, applications and services, including all
associated online or digital documentation, as well as all updates and
supplements provided by Adrenaline (collectively, the “Services”), subject to your compliance with these Terms of Service
(the “Agreement”). This Agreement
sets forth Adrenaline’s policies with respect to its operation of the Services.
BY ACCESSING OR USING THE SERVICES, YOU
REPRESENT AND WARRANT THAT: (A) YOU ARE EITHER AT
OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (B) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE
COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE
SERVICES (EACH, A “DEVICE”); AND (C) YOU WILL
ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR
ACCESS TO OR USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE
BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE ACCESSING OR
USING THE SERVICES.
IF YOU ARE
USING THE SERVICES ON BEHALF OF AN ORGANIZATION OR ENTITY (“ORGANIZATION”),
THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF THAT ORGANIZATION, AND YOU
REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO
THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” REFERS TO YOU AND THE ORGANIZATION.
You understand that the Services have
been designed solely for use in the English (U.S.) language and that Adrenaline
makes no representations or warranties that the Services will be adapted for
use in any other language or format, although Adrenaline reserves the right to
do so in its sole discretion.
Additional terms, such as the Connected Intelligence
Terms of Service, presented in conjunction with certain programs or features
offered by the Services, and certain areas within these and/or other Services
(“Additional Terms”), may govern
these programs, features or areas. You must agree to those Additional Terms
before using those programs, features or areas. The Additional Terms and this
Agreement, taken together, apply to your use of those programs, features or
areas. If there is an inconsistency between the Additional Terms and this
Agreement, the Additional Terms shall control.
1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please review the Adrenaline Privacy Notice to learn about our practices
regarding the collection, use, disclosure and protection of personal data. By
using any part of the Services, you agree to the terms of the Adrenaline Privacy Notice.
Adrenaline provides a comprehensive cloud-based service management
SUSPENSION OR TERMINATION OF ACCOUNTS
If you register for an Adrenaline
account to use the Services, you must complete the registration process
specified on the Site by providing us with complete and accurate information as
requested by such process. You must keep your registration data complete,
accurate and up-to-date, and you are responsible for any loss caused by your
failure to do so. After completing the registration process, you may be asked
to choose a username
and password. It is your responsibility to maintain the confidentiality of your
account and password, whether your password is with Adrenaline or a third-party
service. You are also responsible for all activities that occur under your
account. You agree to notify Adrenaline immediately of any unauthorized use of
your account. Adrenaline is not liable for any loss that you may incur because
of someone else using your password or account. We may suspend or terminate
your account if we have a reasonable belief that it is being used in connection
with fraudulent activity, or you breach this Agreement or for any other reason
we determine in our sole discretion, and also suspend or terminate your access
to the Services, in whole or in part. You may have only one registered account
at any given time. If we determine that you have multiple Adrenaline accounts
or are otherwise not in compliance with this Agreement, we may close your
accounts and delete all data in those accounts.
4. AUTHORIZED USERS
You may authorize certain users to access
Services under your Adrenaline account (“Authorized
Users”). You will ensure that all Authorized Users are over 18 years old.
You will prevent unauthorized use of the Services by your Authorized Users and
terminate any unauthorized use of or access to the Services. You will promptly
notify Adrenaline of any unauthorized use of or access to the Services. Your
Authorized Users must use the Services in compliance with this Agreement. You
are responsible for use of the Services by your Authorized Users.
5. DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE
ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR
OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED
WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS
AVAILABLE” BASIS. ADRENALINE AFFILIATES,
DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING,
SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING
THE SITE AND ITS CONTENTS (THE “ADRENALINE
PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR
MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, THE ADRENALINE PARTIES DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL
CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE ADRENALINE
PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL
OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL
COMPONENTS. THE ADRENALINE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES
FOR ANY PURPOSE.
THE ADRENALINE PARTIES
ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR
FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS,
FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF
ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER
VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT
ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES,
LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE ADRENALINE
PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
6. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL THE ADRENALINE
PARTIES BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY
DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL,
PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR
INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR
TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS
OR INACCURACIES CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT OBTAINED
THROUGH THE SERVICES; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES;
(VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM
CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS DURING OR ON ACCOUNT OF ACCESS TO
OR USE OF THE SERVICES, INCLUDING ANY SITE TO OR FROM WHICH THE SERVICES
PROVIDE HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF YOUR USE OF OR
ACCESS TO THE SERVICES, OR THE CONTENT OF ANY SITE OR SITES LINKED TO OR FROM
THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM
OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF THE ADRENALINE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. IN NO EVENT SHALL THE ADRENALINE PARTIES’ LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU TO ADRENALINE, IF ANY, FOR ACCESSING THE SERVICES.
You agree to defend,
indemnify and hold harmless the Adrenaline Parties from and against all claims,
actions, demands, liabilities, costs and expenses, including, without limitation,
reasonable attorneys’ fees, resulting from your breach of any provision of this
Agreement, the Additional Terms, or any warranty you provide herein, or
otherwise arising in any way out of your or your Authorized Users use of the
Services and/or any software. You agree to cooperate fully with Adrenaline in
asserting any available defenses in connection with a claim subject to
indemnification by you under this Agreement.
8. MODIFICATION/TERMINATION OF THE SERVICES
Except as otherwise set forth in the
applicable Additional Terms, Adrenaline may, in its
sole discretion, modify, suspend, or terminate the Services and/or any portion
thereof at any time for any reason with or without notice to you.
If your account is cancelled
or terminated, you will no longer be authorized to use the Services, but you
will still be bound by your obligations under this Agreement and any Additional
Terms, including the warranties made by you, and by the disclaimers and
limitations of liability. Adrenaline shall not be liable to you or any third
party for any modification, suspension or termination of the Services or your
access to the Services.
Adrenaline reserves the
right to charge a fee for access to or use of the Services, including the Site,
one of our mobile applications (each, an “App”)
and any other services available through the Services, at any time in the
future, and Adrenaline will notify you of such fee. Any fee charged for access
to or use of the Services will be inclusive of applicable taxes where required
by applicable law. Your access to or use of the Services before such time does
not entitle you to access or use without charge in the future. We may change
the fee for the Subscription or any other Service from time to time and will
notify you of any change. Changes to the subscription fee will take effect at
the start of the next subscription period following the date of the fee change.
By continuing to use the Services after the fee change takes effect, you accept
the new fee.
9. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SERVICES
Any software that is made
available in connection with the Services, including Apps, podcasts, audio or
video streaming (“Software”) is owned or controlled by, or licensed to, Adrenaline
and is protected by copyright laws and international treaty provisions. Your
and your Authorized Users’ use of the Software is limited to private,
non-commercial use and is governed by the terms of the end user license
agreement, if any, which accompanies the Software, including the Connected Intelligence Subscription Agreement. Adrenaline has no liability with
respect to any Software owned or controlled by third parties. In the event of a conflict between
the terms of the Connected Intelligence Subscription Agreement and this
Agreement, the terms of this Agreement shall control.
Adrenaline will provide
technical support in connection with your use of the Services, provided that
you pay any required fees in advance. Your use of technical support services is
governed by the policies and procedures described in the user manual, online
documentation, and/or other materials provided by Adrenaline relating to the
Services. You understand that, except as set forth in the applicable Additional
Terms, Adrenaline may use any and all technical information provided by you for
its own business purposes, including (but not limited to) product support and
Adrenaline reserves the right to interrupt the Services from time to
time on a regularly scheduled basis or otherwise, with or without notice, in
order to perform necessary maintenance. You agree that Adrenaline will not be
liable for any interruption of the Services, or from any delay or failure to
perform for any reason. You acknowledge that the Services may also be
interrupted for reasons beyond the control of Adrenaline, and, subject to any
service level commitments set forth in the applicable Additional Terms, Adrenaline
cannot make any assurances that You will be able to use the Services whenever
You desire to do so.
YOU MAY NOT DO
In accessing and using
the Services, you agree that you and your Authorized Users will not:
Deliver any unsolicited advertisement, promotional materials, junk
email, bulk email (also known as “spam”), chain letters, surveys or contests,
or solicit participation in any pyramid schemes (unless it is on a page that
explicitly states that such postings are allowed on that page).
Deliver any unlawful postings to or through the Services, or any
postings which advocate unlawful activity.
Deliver, or provide links to, any postings containing material
could be considered harmful, obscene, pornographic, indecent,
lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or
harasses, victimizes, degrades, or intimidates an individual or
group of individuals because of religion, race, ethnicity, sexual orientation,
gender, age, or disability
is defamatory, false or libelous
infringes or violates any intellectual property or other right of
any entity or person.
Deliver any posting that you do not have a right to make available
under law or contractual or fiduciary relationships.
Impersonate another person or entity or misrepresent your
affiliation with a person or entity or adopt a false identity if the purpose of
doing so is to deceive or defraud another.
Manipulate identifiers, including by forging headers, to disguise
the origin of any posting that you deliver.
Use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to download, retrieve, index, data mine,
or in any way reproduce or circumvent the navigational structure or
presentation of any content available through the Services.
Deliver any unauthorized posting containing personal data, such as phone numbers, social
security numbers, account numbers, addresses or employer references.
Use the Services in any manner which could damage, overburden or interfere
with the use of the Services or other users’ devices, or damage, disrupt or
limit the functioning of any software, hardware, or telecommunications
to gain unauthorized access to the Services, any related website, or other
accounts, computer systems, or networks connected to the Services, through
hacking, password mining, or any other means.
or attempt to obtain any materials or information through any means not
intentionally made available through the Services, including by collecting
information about others such as email addresses.
You represent and warrant that your use of the Services will at
all times comply with all applicable federal, state and local laws, rules,
regulations, ordinances and orders.
13. INTERACTIVE SERVICES AND USER MATERIALS
The Services may offer
certain services having interactive components such as bulletin boards, chat
rooms, blogs, and forums (collectively, “Interactive Services”). The
Interactive Services may be covered by Additional Terms, which appear on the
pages where these services are available, in addition to the general terms
provided below. The selection of available Interactive Services may change from
time to time in Adrenaline’s sole discretion.
Adrenaline does not
control and is not responsible for any information or other materials delivered
through the Services by you or other users, including any personal data and
feedback data such as questions, comments and suggestions regarding the
Services or any portion of the Services (collectively, “User Materials”). Adrenaline
is not obligated to and does not regularly review, prescreen, monitor, delete,
or edit User Materials. However, Adrenaline reserves the right to do so at any
time in its sole discretion, and to refuse, delete, move or edit any User
Materials, in whole or in part, with or without notice. Adrenaline is not
liable for damages of any kind arising from or related to any User Materials,
including its refusal, alteration or deletion of any User Materials, even when
it is advised of the possibility of such damages.
You are solely liable for
all User Materials delivered to the Services using your account. Any violation
of these provisions may subject your account to immediate termination and
further legal action. You represent and warrant that you own or control all
rights to the User Materials and that public posting and use of the User
Materials by Adrenaline will not violate the rights of any third party.
By providing or modifying
any User Material, you are granting Adrenaline and its designees a
royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted,
worldwide license to reproduce, publish, transmit, perform, display,
sublicense, create derivative works from and use such User Material (including
any ideas, concepts, know-how or techniques contained in such User Material)
for any purpose whatsoever, including, without limitation, developing,
manufacturing and marketing products incorporating such User Material, alone or
as a part of other works in any form, media or technology now or hereafter
known. No credit, approval or compensation is due to you for any such use of
User Materials you may provide. Adrenaline also has the right, but not the
obligation, to use your username (and real name, image, likeness or other
identifying information, if provided in connection with User Materials), city
and state in connection with broadcast, print, online or other use or
publication of your User Materials. Please note that any User Material you
submit is and will be treated as non-confidential and non-proprietary as to
you, unless specifically stated otherwise in the Adrenaline Privacy Notice.
The information and
opinions expressed in User Materials are not necessarily those of Adrenaline or
its content providers, advertisers, sponsors, affiliated or related entities,
and Adrenaline makes no representations or warranties regarding that
information or those opinions, and expressly disclaims any liability for User
Materials. Adrenaline does not represent or guarantee the accuracy,
completeness or reliability of any User Materials and has no obligation to
determine whether the User Materials violate the rights of others. Adrenaline
has no control over whether the User Materials are of a nature that you or
other users might find offensive, distasteful or unacceptable. You acknowledge
that any reliance on any User Materials submitted by other users will be at
your own risk. You acknowledge that some portions of the Site are “public,” and in addition to
the license granted to Adrenaline, other users will have access to your User
Materials and might copy, modify or distribute them.
If you are aware of any
User Materials which violate this Agreement, please contact us at firstname.lastname@example.org.
Please provide as much detail as possible, including a copy of the underlying
material, the location where Adrenaline may find it, and the reason such User
Materials should be removed. Please note that filing a complaint will not
guarantee its removal, and Adrenaline will only remove User Materials if it
believes that removal is necessary. If any notice is based on an alleged
copyright violation, please follow the instructions set forth in the section
entitled “Copyright Infringement.”
Other than those we
specifically request, we do not accept unsolicited content or suggestions. This
is to avoid any misunderstandings if your ideas are similar to those we have
developed or obtained independently. However, if you submit any unsolicited
content or suggestions to us, you will be deemed to have granted to us the same
rights as are set out in this section with respect to User Materials. Without
limiting those rights, you agree that Adrenaline, our affiliates and our
licensees are free to use any information contained in any communication you
send to us for any purpose whatsoever without your approval and without any
credit, notice or compensation to you.
14. MOBILE DEVICES
Through use of the Services, you may
be able to: (a) upload content to the Site via your mobile device, (b) receive
and reply to messages, or to access or make posts using text messaging, (c)
browse the Site from your mobile device and/or (d) access certain features you
have downloaded and installed on your mobile device (collectively the “Mobile Services”). In order to do so,
you must have a mobile communications subscription with a participating carrier
(or have the consent of the applicable subscriber) or have access to a mobile
communications network. You are solely responsible for paying any service fees
associated with any such access (including text messaging and data charges for
each text message and any data you send and receive on your mobile device, as
applicable). You must provide all equipment and software necessary to connect
to the Mobile Services, including, but not limited to, a mobile device that is
in working order and suitable for use in connection with the Mobile Services.
You must ensure that your device and/or software does not disturb or interfere
with the Mobile Services, including the Site’s or any App’s operations. Any
equipment or software causing interference will be immediately disconnected
from the Mobile Services, and Adrenaline may immediately suspend or terminate
your further use of the Mobile Services. If any upgrade to the Mobile Services
requires changes in your equipment or software, you must make these changes at
your own expense. Unless explicitly stated otherwise, any additional features
that augment or enhance the current Mobile Services will be subject to the
terms and conditions of this Agreement. You agree to comply with any applicable
laws in your use of the Mobile Services.
You agree to receive communications from ADRENALINE, including via e-mail, text
message, calls, and push notifications. You agree that texts, calls or
prerecorded messages may be generated by automatic telephone dialing systems,
which may include, but are not limited to, operational communications
concerning your ADRENALINE account or use of the Services, updates
concerning features of the Services, communications concerning promotions run
by us or our third-party partners. Standard text messaging charges applied by
your cell phone carrier will apply to text messages ADRENALINE sends.
IF YOU DO NOT WISH TO RECEIVE PROMOTIONAL EMAILS, TEXT MESSAGES, OR
OTHER COMMUNICATIONS, YOU MAY OPT OUT OF SUCH COMMUNICATIONS AT ANY TIME VIA A
FUNCTIONALITY PROVIDED BY THE SERVICES. YOU MAY ALSO OPT-OUT OF RECEIVING TEXT
MESSAGES FROM INSTACART BY REPLYING “STOP” FROM THE DEVICE RECEIVING THE
16. INTERNATIONAL USE/U.S. EXPORT CONTROLS
through the Services by certain persons in certain countries may not be lawful,
and Adrenaline makes no representation that materials provided through the Services
are appropriate or available for use in locations outside the United States. If
you choose to access the Services from outside the United States, you do so at
your own risk.
The United States
controls the export of any software downloadable from the Services. No software
or any other materials associated with the Services may be downloaded, exported
or re-exported to countries or persons prohibited under export control laws, or
to anyone on the U.S. Treasury Department list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You
are responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of any such materials. By using
and/or downloading any such materials from the Services, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country to which such import, export, or re-export is
prohibited or are not a person or entity to which such export is prohibited.
Any dispute, controversy
or claim arising out of or relating to this Agreement or the breach or
termination hereof shall be submitted to JAMS/Endispute or its successor (“JAMS”)
for mediation, and if the matter is not resolved through mediation, then it
shall be submitted to JAMS for final and binding arbitration. Any dispute,
claim or controversy arising out of or relating to this Agreement or the
breach, termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration with JAMS in Atlanta, Georgia before three
(3) arbitrators. The arbitration shall be administered by JAMS pursuant to its
Expedited Arbitration Rules and Procedures, or its equivalent. In addition to
all other relief, the arbitrator shall have the power to award reasonable
attorneys’ fees and costs to the prevailing party. Judgment on the award may be
entered in any court having jurisdiction. This clause shall not preclude the
parties from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction in Georgia and no other jurisdiction.
This Agreement and any
Additional Terms shall be governed by, construed and enforced in accordance
with the laws of the State of Georgia, as it is applied to agreements entered
into and to be performed entirely within such state, without regard to conflict
of law principles. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
If any provision of this
Agreement, or the application thereof to any person, entity or circumstances,
is held invalid or unenforceable, then such provision shall be deemed
superseded by a valid, enforceable provision that matches, as closely as
possible, the original provision, and the other provisions of this Agreement
(including any limitations of liability or other exclusions of damages) shall
remain unaffected and in full force and effect.
The failure of either
party to insist upon strict performance of any provision of, or to exercise any
right available under, this Agreement shall not be construed as a waiver of any
provision or right.
Unless expressly provided
otherwise, this Agreement, together with any amendments and additional
agreements you may enter into with Adrenaline, constitutes the entire agreement
between you and Adrenaline with respect to the use of the Services and shall
not be modified except in writing, signed by an authorized representative of Adrenaline.
No party shall be liable
for any default or delay in the performance of its obligations under this
Agreement if and to the extent such default or delay is caused directly or
indirectly by a force majeure event. In any such event, the non-performing
party shall be excused from any further performance and observance of the
obligations so affected only for as long as such circumstances prevail and such
party continues to use commercially reasonable efforts to recommence
performance or observance as soon as practicable.
warranties and indemnification obligations made or undertaken by you will
survive any cancellation or termination of your account.
You may not assign this
Agreement or any Additional Terms, nor may you delegate or subcontract any of
your obligations under this Agreement or any Additional Terms, in each case
without the express prior written consent of Adrenaline.
If you have any questions
concerning this Agreement or the Services, please
contact us at email@example.com.
Use of Intellectual Property
The Services, and its
contents, including but not limited to text, photographs, graphics, video and
audio material, software, Adrenaline logos, titles, characters, names, and
button icons (collectively “Intellectual
Property”), are protected by copyright, trademark and other laws of the
United States, as well as international conventions and the laws of other
countries. The Intellectual Property is owned or controlled by Adrenaline or by
other parties that have provided rights thereto to Adrenaline.
You may not, and agree
that you will not, reproduce, download, license, publish, enter into a
database, display, modify, create derivative works from, transmit, post,
distribute or perform publicly by any means, method, or process now known or
later developed, decompile, reverse engineer, disassemble, use on another
computer-related environment, transfer or sell any Intellectual Property,
information, software or products obtained from or through the Services, in
whole or in part, without the express written permission of Adrenaline.
Notwithstanding the foregoing, you may view, store, print, reproduce and
distribute pages within the Services solely for your personal or internal,
non-commercial purposes, provided that (a) no such pages are modified, and (b)
this page and any notice in such pages regarding use or ownership are included
with such stored, reproduced or distributed pages.
Any trademarks, service
marks, product names and company names or logos appearing in any part of the
Services that are owned by Adrenaline, its affiliates, licensors, or suppliers
may not be used without express permission from the respective owner.
expressly permitted, websites may not hyperlink to any page beyond the homepage
of the Site, or frame or mirror the Site, or any web page or material contained
within the Services, nor may any entity include a hyperlink to any aspect of
the Services in an email for commercial purposes, without the express written
permission of Adrenaline.
Adrenaline respects the
intellectual property rights of third parties and complies with the terms of
the Digital Millennium Copyright Act (DMCA) regarding such rights. By
submitting any User Materials through the Services, you are granting permission
to have such User Materials posted on the Site or via any other of the media
channels used for the Services and are representing that you are the rightful
owner of the submitted material, and that no one else may claim rights to this
material. Adrenaline reserves the right to remove access to infringing
material. Such actions do not affect any other rights Adrenaline may have under
law or contract. You can find our procedures for providing notice of alleged
copyright infringement below.
Procedure for Making Claim of
If you believe that your
work has been copied in a way that constitutes copyright infringement, you
should send written notification thereof, in accordance with the provisions of
the Digital Millennium Copyright Act (the “Notification”), to our Designated
Agent, who can be reached as follows:
DMCA Designated Agent
By email: firstname.lastname@example.org
Pursuant to 17 U.S.C. §
512(c), to be effective, the Notification must include the following:
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
(ii) Identification 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
(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit Adrenaline to locate the material.
(iv) Information reasonably sufficient to permit Adrenaline
to contact the complaining party, such as an address, telephone number, and, if
available, an email address.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
This process only relates to reporting a claim of
copyright infringement. Messages related to other matters will not receive a
response through this process.
20. MODIFICATIONS TO THIS AGREEMENT
Adrenaline may modify
this Agreement from time to time. If we make material changes to this
Agreement, we will notify you by email or through a message posted on the
Services. You agree that such modified Agreement will be effective thirty (30)
days after our notice to you, except for changes that relate to new features or
for legal reasons, which will become effective immediately. In any event, by
continuing to use the Services after we have provided notice to you, you will
have accepted the modified Agreement. If you do not agree to, or cannot comply
with, the Agreement as amended, you must stop using the Services.