Terms of Service

These terms of services (“Agreement”) set forth the general terms of services of your use of the calrik.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This website, along with all associated sites, domains, materials, information, software, SaaS, applications, and services are owned, operated, and maintained by CameraReadyArt Inc. (hereinafter "CRA"), 6303 Owensmouth Ave., 10th Floor, Woodland Hills, CA 91367. This Agreement is legally binding between you (“User”, “you” or “your”) and CRA (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you disagree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Account Registration and Security

You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign-in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Subscription Period and Payments

The pricing page on this Website explains all applicable subscription fees related to your use of this Website. You authorize us to charge you either directly or through its payment processors for fees associated with your subscription & used services at regular intervals based on payment method you provided us with. For paid subscription plans, subscription period can be month-to-month, annually, or another method that has been either selected or agreed upon by you with us based on our pricing page. We reserve the right to change the subscription fees. Any changes to subscription fees will be notified to you within a reasonable time frame. Changes in subscription fees will not affect paid subscriptions until the end of the paid subscription period. You can choose not renew your subscription if you do not agree with the change in subscription fees. You may opt to downgrade or upgrade your subscription plan. If you upgrade, the action will take effect immediately, & if you downgrade, the action will take effect at the end of the current billing cycle.

Renewals and Cancellations

A paid subscription plan will automatically renew for the same subscription period until you cancel the subscription on or before the end of the subscription period. By subscribing to the Website, you authorize us to automatically charge your payment method based on the subscription plan fees as described on the pricing page of the Website. If you wish to cancel your account, you may do so by sending an email to support@calrik.com. Your cancellation request will be reviewed and notified to you before being executed. You will not be entitled to a refund after the cancellation of your account and you may not be able to use the Website.

License

When you create an account, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services subject to the Agreement. This license permits you to use the Services and to access the Services through the account you have created. Please note that certain third-party code may be used to deliver particular elements of the Services, and you agree to be bound by any separate terms that govern the use of such third-party code. We do not grant you any license or right to use any third-party proprietary content, materials, or services without the express written permission of the appropriate third-party owner. We, our affiliates, or the licensors of any third-party code own all rights, titles, and interests, including all intellectual property rights, trademark rights, patent rights, copyright, and moral rights in and to the Services and any software or documentation used to deliver or use the Services. You do not acquire any right or license not expressly granted in the Agreement, and no license not expressly granted to you is implied in this Agreement or by your use of the Services. This license terminates immediately, and without notice, if you breach any of the terms of services in the Agreement or if you seek in any way to decompile or reverse engineer any part of the Services.

User Content

We do not own any data, information, or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.

Publicity

You grant us the right to add your company name and/or company logo to our sales presentations, customer list, and website. You can opt-out by emailing support@calrik.com anytime.

Backups

We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain an appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to Other Resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also applies if this remedy does not fully compensate you for any losses or failure of its essential purpose.

Indemnification

You agree to indemnify hold the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms of services. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting Us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

legal@calrik.com

This document was last updated on February 01, 2022