Terms and Conditions

Terms

All store items are subject to terms and conditions Definitions Beats Midi Music Sheet Sounds Effects Producer Packs 3D Models Images Video
TERMS AND CONDITIONS You (the "User" or "Customer") hereby agree to the terms and conditions of each section of this legally binding Agreement (the "Agreement") when accepting any of Fernando "Cali Crazed" Munguia services (the "Services"), which includes any policy, guideline, provision-points, product, service, feature, website, affiliates, successors, parents, subsidiaries, authors, assigns, and designees (collectively, "Cali Crazed"). By signing up, subscribing, or using Cali Crazed, its service and/or websites (the "Sites") you warranty that you are eighteen years or older, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions and abides and complies to them. In case of a change in any of the listed Agreement or should one point become invalid, all other points stay unaffected and are still valid. Cali Crazed reserves the right to revise the Terms and Conditions of this agreement at any time. Any such revision will be binding immediately upon posting of the reviewed agreement on our Site. Your continued use of our Site constitutes agreement to any revision of the terms and conditions of this agreement. It is your responsibility to check these Terms & Conditions periodically for changes. 1. Your Warranty To Us You are the rightful owner of any material uploaded, post or submit therein and warrants that it does not violate any law infringed upon or violate the rights, including without limitation to all copyrights, trademark, service mark, patent, trade secret or intellectual property of any individual or entity. If You are not the rightful owner then You warranty Cali Crazed that you have the necessary and required permissions/licenses to the above stated from the rightful owner and to re-record, edit and or modify the Master Recording Composition or Work. Customer agrees to indemnify Cali Crazed services, its agents or assignees and holds them free and harmless from and against any and all claims, liabilities, costs, losses, damages or expenses, including but not limited to, reasonable attorney fees and other cases, arising out of any failure or breach by Customer with respect to its warranties as set forth on these Terms and Conditions. Cali Crazed is not responsible for loss or damages caused by using the Site. Customer waives the right to bring any legal action(s) against Cali Crazed and/or its Site, staff, due to any damages or loss, financial or otherwise, resulting from customer's use of our recording, tracking, mixing, editing, mastering, or licensing Services. Cali Crazed reserves the right to refuse service at its discretion and or terminate service at any time. All users who upload data or information warrant and represent that they own or otherwise control the copyrights and usage to all of such data and information and warrant and represent that they have the right and authority to grant the rights given to Cali Crazed according to these Terms and Conditions and the purpose of the Site, and that the Cali Crazed's exercises these rights and will not violate the rights of any third party. All users who upload data or information also warrant and represent that the holder of any rights including moral rights, and the rights of publicity and privacy in such content, has completely and effectively waived all such rights and validly, and has granted to you the right to grant the license described in these Terms and Conditions. 2. Mixing And Mastering You are the rightful owner of the Master Recording and/or Original Instrumental Composition and all elements contained therein and warrant that it does not violate any law of infringed upon or violate the rights, including without limitation all copyrights, of any individual or entity. Each track submitted to our Mixing and Mastering services is a work made for hire as contemplated and defined in Section 101 of the United States Copyright Act. You will need to deliver the highest quality multi-track, in order to achieve best results. (24bit, 96kHz is recommended for HD Quality). Cali Crazed Mixing and Mastering Service shall deliver to you upon completion, a fully mixed, edited, and equalized Master. Custom Effects may be added to enhance the Songs Marketability. Failure to pay will result in no delivery and no refund. We may use your track in our catalog for promotional purposes only and in no way will we own any of your track(s) copyrights. Testimonials submitted to us could be posted on our Site. Mixing and mastering turnaround time is less than 72 business hours. 7-15 business days for Albums. All rights, title and interest in Mixing and Mastering, which are attributable to the Mixing Engineer's participation in its authorship will be deemed transferred to you by this agreement and may be filed with the Copyright Office. 3. Credit You agree to display this statement on all physical media containing a portion or sum of the Mastered Original Instrumental Composition. By making a purchase of our service the buyer declares that they will give credit to the Cali Crazed or Producer Cali Crazed where possible in a written form (cd cover/booklet, YouTube videos, social network pages such as Facebook, YouTube, etc.) Credit is given according to the producer displayed on the track at time of purchase. Example credits Track- (Produced by Cali Crazed). Track- (Prod. by Cali Crazed). Vox Shout Out “Cali Crazed”. 4. Rules For Submitting Material Any material sent must be owned by you or have the rights to use them, and must be original and not sampled. When you submit material to us it will be reviewed. Only original material that has the proper license cleared, or that you own Master Rights to, will be accepted. You continue to own copyrights to material you submit. 5. Products All rights in any products available through the Site, such as music, ring tones, ring back tones, SMS tones, images (E.g. screen savers), video, artwork, text, software, and other copyrightable materials (collectively, the "Products") are owned by us, our Affiliates, and/or our (or their) licensors. If a separate agreement provided by is or an Affiliate governs a particular Transaction (as defined in Section 6 below) or Product, or your use of a particular Product, and the terms of such separate agreement conflict with the terms of this Agreement, the terms of such separate agreement will govern such transaction or use. Subject to your compliance with the terms and condition of this Agreement and any other applicable terms and conditions imposed by use, our Affiliates and/or our licensors, you have a limited right to use those Products that you purchase or access though the site solely for your personal, noncommercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot sublicense to others. Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights or those of any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product. You understand that the Site and the Products may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth below. Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to this Agreement. 6. Purchases If you wish to purchase any Products made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. By Initiating a Transaction, You represent and warrant that you (a) are eighteen (18) years of age or older and (bb) have the legal right to use the payment means selected by you. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. Descriptions and images of, and references to, Products on the Site do not imply our endorsement of such Products. Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product. Price and availability of any Product offered through the Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with other incorrect information, we have the right to refuse or cancel any Transaction for such Product. You shall pay all charges that may be incurred by you or on your behalf though the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s). Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly se forth in this Agreement. We our third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download Now" link. We or our third party designees will inform you if all or any portion of you order is canceled or if additional or different information is required to accept your order. 7. Product Delivery Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion. 8. Usage Restrictions for Products All Products you purchase, obtain or access on or through the Site are sole for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works form, sell or participate in any sale of or exploit in any way, in whole or in party, directly or indirectly, any of the Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products or upload any Products or derivatives thereof to the Internet. Unless expressly permitted by us (e.g., a "Create Your Own Video" contest offered on the Site) you may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or "trading" the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products. Additionally, the following usage restrictions apply based on the type of Product you are purchasing or obtaining through the Site: 9. Product Compability You acknowledge that use of our Products requires other hardware and software tools (e.g., in the case of full permanent audio downloads, for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software, including, without limitation, all charges therefor, are your sole responsibility. To the extent permissible under applicable law, we, our Affiliates and our (and their) Artists and Representatives or Providers shall not be responsible or liable for the loss or damage of any Product. Except to the extent prohibited by applicable law, we reserve the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy and/or use or limit the use of any Products. 10. Promotion Rules Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available through the Site may be governed by the rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules apply. 13. Disclaimers Cali Crazed does not warrant that this Site will operate error-free or that this Site and its server are free of computer viruses or other harmful mechanisms. If your use of this Site results in the need for servicing or replacing equipment or data, Cali Crazed is not responsible for those costs. The site is provided on an "as is" basis without any warranties of any kind. Cali Crazed, to the fullest extent permitted by law, disclaims all warranties. Cali Crazed may change, suspend or discontinue any aspect at any time, including the availability of any Sites features, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of Cali Crazed without notice or liability. 14. Notices and Procedure For Copyright Infringement Claim Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act), Cali Crazed reserves the right, but not the obligation to terminate your right to use the Applications, the Sites or the Services if Cali Crazed determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Cali Crazed accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Cali Crazed has implemented or will implement procedures for receiving written notification of claims infringements and for processing such claims in accordance with the Act. If you believe that anything on the Sites or the Services infringes upon any copyright which you own or control you may file a notification of such infringement and submit them via email. Please see 17 U.S.C. section 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys' fees, incurred by us or the alleged infringer as the result of out relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. Cali Crazed respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights has been otherwise violated, please provide the designated agent listed above with the following information: (I) an electronic or physical signature of the person authorized to act to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;(iii) a description of where the material that you claim is infringing is located on the Sites or Services; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a steenbok by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright intellectual property owner's behalf. 15. Governing Law This agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California. Each of the parties’ irrevocable consents to the exclusive personal jurisdiction of the federal and state courts located in California, as applicable, for any matter arising out of or relating to this Agreement, except in actions seeking to enforce any order or any judgment of such federal or state courts located in California, such personal jurisdiction shall be nonexclusive. 16. Indemnification In no event shall Cali Crazed, affiliates, directors, officers, owners, agents, employees, information providers, licensors, licensees, successors, parents, producers, subsidiaries, assigns, or designees (collectively, the 'Indemnified Parties') be held liable for any direct, representation, damages loss of business profits, business interruptions, samples, goodwill, loss of business information, business opportunity, warranties, covenants, special, indirect or consequential damages, or any other damages of any kind, including without limitation, attorneys' fees and costs, but not limited to loss of use, loss of profits or loss of data, whether in an action in contract (including but not limited negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the Cali Crazed content of the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Cali Crazed, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Cali Crazed services, or programs. We do not guarantee that our services will provide any benefit you. In the event of any network downtime, computer technical error Cali Crazed shall not be held liable for any lost data, income or any other item of value, whether tangible or otherwise, on the website. Cali Crazed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Cali Crazed. In no event shall the aggregate liable of Cali Crazed, whether in contract or warranty (including negligence, whether active, passive, or imputed), product liability strict liability or other theory, arising out of or relating g to the use of the Site exceed any compensation you pay, if any, to Cali Crazed for access to or use of the site. 17. Intellectual Property The trademarks, names, logos and service marks, registered or unregistered, owned or licensed, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Cali Crazed (collectively the "Trademarks") displayed on this Site are registered and unregistered trademarks of the Site owner. Any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Site are the property of their respective owners and may not be used by you in any form. Nothing contained on this Site should be construed as granting any license or right to use any trademark without the prior written permission of the Site owner. The written content displayed on this Site is owned by its respective author and may not be reproduced in whole or in part without the express written permission of the author. The Site (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Cali Crazed and is protected by copyright laws of the United States of America and other countries. You may not sell or modify the Site content or reproduce, display publicly preform, distribute, or otherwise use the Site content in any way for any public, commercial, or non-commercial purpose. The use of the Site content on any other website or in a networked computer environment for any purpose is prohibited. Cali Crazed is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All material contained on Cali Crazed are protected by copyright, and are owned or controlled by Cali Crazed or the party credited as the provider of the contents. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on Cali Crazed Sites. Questions or comments regarding the Terms and conditions of use for Cali Crazed should be directed to: info@calicrazed.com
By signing up to be an Affiliate in the Cali Crazed Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Cali Crazed reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk. Account Terms You must be 18 years or older to be part of this Program. You must live in the United States to be an Affiliate. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Cali Crazed cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account. One person or legal entity may not maintain more than one account. You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not use the Affiliate Program to earn money on your own Cali Crazed product accounts. Links/graphics on your site, in your emails, or other communications Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Cali Crazed. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Cali Crazed. You must ensure that each of the links between your site and the Cali Crazed properly utilizes such special link formats. Links to the Cali Crazed placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a Cali Crazed product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Affiliate links should point to the page of the product being promoted. Referral fees/commissions and payment For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://calicrazed.com and complete an order for a product during that session. We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Payments only begin once you've earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold. Identifying yourself as a Cali Crazed Affiliate You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Cali Crazed or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause). You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement. Payment schedule As long as your current affiliate earning are over $20, you'll be paid each month. If you haven't earned $20 since your last payment, we'll pay you the following month after you've crossed the threshold. Customer definition Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. Your responsibilities You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: - The technical operation of your site and all related equipment - Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site) - The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links) - Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) - Ensuring that materials posted on your site are not libelous or otherwise illegal - Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. Compliance with Laws As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws. Term of the Agreement and Program The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://calicrazed.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Cali Crazed reserves the right to end the Program at any time. Upon program termination, Cali Crazed will pay any outstanding earnings accrued above $20. Termination Cali Crazed, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Cali Crazed service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Cali Crazed reserves the right to refuse service to anyone for any reason at any time. Relationship of Parties You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. Limitations of Liability We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. Disclaimers We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Cali Crazed will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. Arbitration Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Miscellaneous This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of Cali Crazed to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Cali Crazed and govern your use of the Service, superceding any prior agreements between you and Cali Crazed (including, but not limited to, any prior versions of the Terms of Service).