Effective Date: October 7, 2020
These Terms of Service (the “Terms”) govern your use of the websites, software applications, and other online services (collectively, “Services”) provided by Thinklab LLC doing business as (DBA) Crooked Publishing (or “we”). The Services include but are not limited to, the websites located at crookedmarquee.com, crookedscoreboard.com, and crookedpublishing.com.
We may make changes to these Terms at any time by posting them on the Services. Any changes will be effective at the time of posting. If you have any suggestions or concerns send an email to [email protected].
In order to use certain Services, you will need to create an account. All the information you provide when you create your account must be true, accurate, current and complete. You are responsible for all activity in your account, so please secure and protect your login information and password.
You will find third party coupons, deals, advertisements and other offers on the Services (“Offers”). Offers are for products and services provided by third parties (each, a “Seller”), and if you choose to accept an Offer, the transaction will be between you and the Seller.
Crooked Publishing has affiliate relationships with certain Sellers, and may receive compensation for your purchase from, or other interactions with, these Sellers. Crooked Publishing is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller. We are not responsible fulfilling any Offers.
Crooked Publishing may allow you to accept Offers or make other purchases from Sellers on our Services, using our checkout tools. While our platform helps facilitate your purchase, the transaction is solely between you and the Seller. You will need to contact the Seller directly for customer service issues, including questions about the products or services for sale, order status inquiries and refund requests. Crooked Publishing does not provide any warranties or other protections for your purchase.
Before you purchase a product or service or otherwise accept an Offer, please read the entire description of the Offer, including the fine print and any additional terms and conditions set forth on the Seller’s website. You are responsible for understanding what you are buying and for following the Seller’s instructions. The terms and conditions of Offers, including refund and cancellation policies, are governed by the Seller’s policies, not ours. Please contact the Seller directly for questions regarding the Offer or your transaction with Seller.
You may post content, including photos, comments, links, Offers, and other materials on, or using, our Services. Anything that you post or otherwise make available on the Services is referred to as “User Content.” When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws.
Aside from the limited license described below, you retain all rights in the User Content. You grant Crooked Publishing its affiliates and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, create derivative works, perform, and distribute your User Content on the Services, and on third party sites (e.g., under our account with a social networking site). Nothing in these Terms shall restrict other legal rights Crooked Publishing may have to User Content. We are not obligated to review or monitor User Content but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
We do not guarantee how quickly your User Content will appear on the Services or how and where it will appear. We reserve the exclusive right to describe, categorize and place Offers in our sole discretion.
We value hearing from you, and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.
In addition to your other responsibilities under these Terms, you must comply with the following:
- You must be at least age 15 or legally able to form a binding contract in order to open an account or use the Services. You may not use the Site or our services under any circumstances if you are under age 13.
- You may only open one account. Any additional accounts created without the express written permission of a Crooked Publishing’s administrator will be banned and/or closed.
- You must abide by all applicable laws and refrain from violating any third party rights. You must comply with any applicable third-party terms in connection with your use of the Services.
- You must comply with all policies posted on the Services.
- You must have all necessary rights to any User Content you post on the Services, including intellectual property rights.
- You may not transfer your Crooked Publishing account to another person without our written consent. Accounts that have been terminated for failing to comply with these Terms may not be reopened under another name.
- You may not use the Services to collect information about other users, such as email addresses, and you may not distribute or post spam, send unsolicited communications or circulate bulk emails.
- You must provide accurate and honest information to us at all times, including in your User Content.
- You may not post User Content that is misleading, deceitful or illegal, or that encourages Users to visit a website or complete a transaction that is illegal.
- You must comply with our Acceptable Use Policy (Rules)
- Your Offers may only include products or services that fall within the categories shown on the Services.
- You may not reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services or any portion of the Services.
- You may not derive the source code of the Services for any reason.
- You may not rent, sell or sublicense any of the Services.
- You may not damage, interfere with, disrupt or unreasonably overload the Services.
Our Content and Proprietary Rights
You may not copy, repurpose or distribute content found on the Services, including Offers, for any purpose, without our express written permission. For example, you may not copy our Offers onto any website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. Crooked Publishing or its licensors are the exclusive owners of all software, graphics, designs, technology and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Services. Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us.
We respect intellectual property rights, and expect our users to do the same. If you believe that your intellectual property rights have been violated, please inform us by sending us the following information to our email ([email protected]):
- Identification of the copyrighted work you believe is being infringed.
- Identification of the work you believe is infringing, with information that is reasonably sufficient for us to locate it.
- Your name, address, phone number and email address.
- A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in your notification is accurate, and under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Crooked Publishing will treat notices that meet these requirements in accordance with the DMCA. If we have taken down any content that you believe should not have been removed, you can send us a written counter-notice by email. Please be sure your counter-notice meets the DMCA requirements and we will follow the process set out in the DMCA. You may find out more about the DMCA at copyright.gov.
Suspension and Termination
We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to other users of the Services or do not use your account.
You will indemnify, defend, and hold harmless Crooked Publishing, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Services and your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claim.
Crooked Publishing is not a party to the transactions between you and a Seller. We do not control the products or services associated with Offers, including their availability or Seller’s right to sell them. We do not guarantee the truth or accuracy of the Offers.
We provide the Services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential revenues or other benefits you may realize by using the Services.
The Services contains links to third-party websites, apps and other online properties that are not owned or controlled by Crooked Publishing. The Services also makes available for purchase products and services from third-party merchants. We do not endorse or assume any responsibility for any such third parties or third-party properties. If you access a third party website, app or other property, you do so at your own risk and you agree that Crooked Publishing will have no liability arising from your use of any such properties.
Please note that some jurisdictions do not allow disclaimers of certain warranties or exclusions, so these some or all of these disclaimers and exclusions may not apply to you.
LIMITATION OF LIABILITY
- We will be entitled to recover all costs, including attorneys’ fees, that we incur in order to enforce these Terms.
- Any notices required or permitted by these Terms (other than legal process) may be given by email with the proviso that we will email your account address and you will email us at [email protected]. Email notices will be deemed effective 24 hours after the time of sending. Mailed notices will be deemed effective three calendar days after the date of mailing.
- You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
- You cannot assign your rights under these Terms without our written agreement. We can assign our rights and obligations to any entity or entities that agree to be bound by these terms.
- You represent and warrant that (1) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; and (2) you are not listed on any US government list of prohibited or restricted parties.
- These Terms and your use of the Services is governed by the laws of the State of California (excluding choice of laws principles).
- The parties will resolve any disputes in the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Notwithstanding our right to change these Terms (as described at the top of this page), we may not contravene our obligation to arbitrate any claim that arose prior to the change in the Terms.
- Any claim (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
- The Terms (including all policies incorporated by reference) are the entire agreement between you and Crooked Publishing. They replace any other agreement between us on this subject. If any provision of these Terms is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver will be effective unless it is described in an explicit writing and signed by Crooked Publishing.
- If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.