WeCrash.TV

TERMS OF SERVICE

Updated: Jan 2, 2024
Original: Sept. 16, 2023

WeCrash LLC provides a personalized online service that allows our registered users to access entertainment content ("WeCrash content") over the Internet on many Internet-connected TV's, computers and other devices.

By accessing the WeCrash service, you have accepted these Terms of Service ("Terms"), which govern your use of our service. As used in these Terms, "WeCrash service", "our service" or "the service" means the personalized service provided by WeCrash LLC for consuming and interacting with WeCrash content, including all features and functionalities, live and on-demand content, our websites, and user interfaces, as well as all content and software associated with our service or that may become part of our service during the term of your active user account. References to 'you' in these Terms indicate the member who created the WeCrash account.

The WeCrash service is intended only for individuals who are at least 13 years old. Any other use of the WeCrash service is not authorized and in violation of these Terms.

Questions or concerns?

Reading these Terms will help you understand the nature of the WeCrash service provided. If you do not agree with the Terms, please do not use the WeCrash service. If you still have any questions or concerns, please contact us at support@wecrash.tv .

EXCLUSIVE AGREEMENT; UPDATES
WECRASH SERVICE; CREDENTIALS
DATA PRIVACY
PROHIBITED CONDUCT
COPYRIGHT AND TRADEMARKS
INDEMNIFICATION
LIABILITIES
REFUNDS; NO WARRANTIES OF SERVICE
TERMINATION OF USER ACCESS
EXERCISE OF RIGHTS; OTHER TERMS

1. EXCLUSIVE AGREEMENT; UPDATES

These Terms constitute the full and exclusive agreement between WeCrash and You regarding access to and use of the WeCrash services. These Terms may be amended or updated by WeCrash at any time, and those updates will be effective as of the Updated Date listed in the Terms. Your continued use of the WeCrash services constitutes acceptance of the Terms in force at he time you access the services.

No other modification of the Terms will supersede the official Terms listed here, unless presented in writing and signed by an authorized party representing WeCrash LLC.

2. WECRASH SERVICE; CREDENTIALS

WeCrash may offer you certain services and content, which will be described more fully as part of the offer, and which is provided contingent on your acceptance of these Terms. The WeCrash content may include live streaming content, on-demand streaming content, downloadable content, video content, audio content, text, graphics, photographs, data, and any other information that can be transmitted through an electronic medium. WeCrash provided such content at its sole discretion, and may discontinue or remove portions of such content, or all content, at any time. Your access to the services does not convey any right of ownership or license for any purpose other than interacting with the content yourself through a device capable of delivering the content online. WeCrash may impose limits to user access of services or content without advance notice.

Accessing some or all WeCrash services may require you to create a user account with an email address and password ("WeCrash credentials"). By creating WeCrash credentials, you warrant that information provided is true and correct, and that you are not attempting to impersonate another or in any way harass or intimidate another party. You agree that you will not provide WeCrash credentials that belong to another user without authorization, and that you will not use any method (technological or otherwise) to circumvent WeCrash credentials in accessing the WeCrash content. You agree that WeCrash may from time to time impose restrictions on the number of devices that may be active using a set of WeCrash credentials and deny access to the WeCrash content if your WeCrash credentials are used in violation of this policy. You agree that it is your sole responsibility to ensure the security of your WeCrash credentials and to make any updates required to maintain such security. Failure to follow policies regarding WeCrash credentials may result in the revocation of your WeCrash credentials and loss of access to the WeCrash content.

3. DATA PRIVACY

WeCrash LLC takes its obligations to the privacy of user data seriously. Our privacy policy is updated regularly and available at https://wecrash.tv/privacy-policy. If you have any concerns about data privacy, please review the Privacy Policy and contact us using the information provided in the Privacy Policy. You consent to the Terms of our privacy policy as an extension of these Terms of Service.

4. PROHIBITED CONDUCT

As a condition of your use of the WeCrash services, you agree to not use the services in a way that is unlawful or in violation of these Terms. Examples of prohibited content include, but are not limited to, the following:

Any use that violates the laws of your location, including copyright laws and fraudulent commerce laws
Any use that harasses, threatens, or reveals personal information about any other person, including WeCrash LLC personnel and other users of the WeCrash services
Attempting to circumvent, or actually circumventing, WeCrash credentials or other access controls by any means, to gain unauthorized access to content, damage the WeCrash services, or otherwise interfere with the operation of the WeCrash services on any platform or device
Attempting to leverage any portion of the WeCrash services for marketing or commercial purposes outside of a signed contract with WeCrash LLC (this includes efforts to repackage content as though it belongs to another party, sell ads or other access to the content, or to misuse the contact information of any other party in connection with these services)
Any other conduct that WeCrash LLC, in its sole discretion deems a threat to the ongoing operation of the WeC rash services and enjoyment of the WeCrash services by our users.

If you believe a user has violated these terms, please report such conduct to us at support@wecrash.tv. WeCrash LLC may remove content or restrict user access to content at any time for violation of these Terms, or for any other reasons.

5. COPYRIGHT AND TRADEMARKS

By using the WeCrash service to upload, provide or otherwise submit any content, you warrant that you have the rights to all content provided and that no third party can present a claim that interferes with your right to provide such content publicly. Any content provided to WeCrash will be licensed in perpetuity to WeCrash for our use at the sole discretion of WeCrash LLC.

WeCrash vigorously supports the intellectual property rights of content creators. WeCrash will respond quickly to claims of violations of copyright laws, including removing access to such content while a claim is being investigated, or permanently removing content found to be in violation of copyright laws. Access to content occurs on our hosted servers which are located in the United States, and is therefore considered under the copyright laws of the United States, regardless of the location where a user may choose to connect to our servers.

To notify WeCrash LLC of a possible violation of a copyright, please provide information about the alleged violation to us by sending email to support@wecrash.tv. Providing a false claim of copyright violation or otherwise misrepresenting your copyright may result in damages including attorney fees and other costs. If you are notified of a copyright claim against content that you believe is inaccurate, please respond to us via email to support@wecrash.tv. If you are unsure about how to proceed regarding any copyright claim, you should contact an attorney.

WeCrash, WeCrash TV, all related graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of WeCrash or its licensors or subsidiaries in the U.S. and/or other countries. Trademarks and trade dress of WeCrash appearing on this website may not be used in connection with any product or service in any manner that is likely to cause confusion. WeCrash and its trademarks and trade dress may not be used as part of any domain names or social media sites in a manner that is likely to cause confusion about ownership of marks. Any agreement regarding use of WeCrash marks will be presented in writing and signed by an officer ofWeCrash or other authorized party.

6. INDEMNIFICATION

You agree to indemnify and hold harmless WeCrash, its parents, subsidiaries, affiliates, officers and employees from any liability, damage or cost, including but not limited to reasonable attorneys fees, from any claim made by any third party due to or connected to your access to this website, use of the content provided on this website, violation of these Terms of Use or applicable law by you, or the infringement by you, or any other party of any intellectual property right or other right of any person or entity.

7. LIABILITIES

In no event shall WeCrash or its subsidiaries or contractors be liable under contract, tort, strict liability, negligence or any other legal theory with respect to this website, the WeCrash services provided herein, or any other services connected to WeCrash, for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising); or for any direct damages in excess of actual amounts paid for access to our services, up to a maximum in any case of $100. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you; please consult your own legal counsel.

WeCrash shall not be liable for any failure to perform any obligation related to the services resulting from any cause beyond WeCrash's reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, of WeCrash's systems or those of our contractors.

8. REFUNDS; NO WARRANTIES OF SERVICE

By using the WeCrash service, you agree that payments connected with your access to WeCrash content are nonrefundable. However, in the event you are unable to access the content we encourage you to contact our support services by email at support@wecrash.tv and we will be happy to try to assist you. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such refunds, and the decision to provide them, are at our sole and absolute discretion. The provision of refunds in one instance does not entitle you to refunds in the future for similar instances, nor does it obligate us to provide refunds in the future, under any circumstance. It is highly unlikely that WeCrash will provide any type of refund to a customer who has not worked with our support staff to resolve issues while content is currently active.

While WeCrash may provide content through a variety of mediums and devices, you agree that WeCrash has no obligation to provide the content through any particular device, network connection type, or location.

You acknowledge that WeCrash has no control over, and no duty to take any action regarding users who gain access to this website, the effect that WeCrash content may have on you, how WeCrash content may be used, or any actions you may take as a result of interaction with WeCrash content. WeCrash makes no representations concerning any content contained in or services accessed through this website, and you agree that WeCrash is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through this website. The WeCrash content is provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Any warranty that cannot be disclaimed as a matter of law is limited to a period of 30 days after your first access of this website.

9. TERMINATION

WeCrash may terminate or suspend any and all services provided through this website and other WeCrash platforms, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. Upon termination of your account, your right to access any content for which an account is required will immediately cease. If you wish to terminate your WeCrash account, you may simply discontinue using these services. All provisions of these Terms of Use shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. EXERCISE OF RIGHTS; OTHER TERMS

No partnership, joint venture, or employment is created as a result of these Terms of Use. You agree that you do not have any authority to bind or limit WeCrash in any respect whatsoever. The failure of WeCrash or you to exercise any right provided for in these Terms of Use shall not be deemed a continuing or future waiver of any rights under these Terms of Use or law. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall continue in full force and effect. WeCrash may transfer or delegate any of its rights or obligations under these Terms of Use without any requirement of notice to or consent from you or any other party. WeCrash is a limited liability company chartered in the state of South Dakota and operating under the laws thereof. These Terms of Use shall be governed by and construed in accordance with the laws of the state of South Dakota regardless of the location where you choose to access the services from. All parties submit to the exclusive jurisdiction of a state and federal courts of competent jurisdiction located in the state of South Dakota.