Terms of Use
Last Updated: December 01, 2023
This Terms of Use Agreement (“Terms”) governs your use of the website, application or service offered by Empire Strykers, (“we”, “us” or “Empire Strykers”), including our website (www.theempirestrykers.com), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site”). “You” refers to you as a user of the Site.
PLEASE READ THESE TERMS CAREFULLY. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access, or use our Site.
ARBITRATION NOTICE: The Section Conflict Resolution of these Terms contains provisions governing how claims that you and Empire Strykers have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and Empire Strykers to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.
THE DATA POLICY
Providing our Service requires collecting and using your information. The Privacy Policy explains how we collect and use this information. You must agree to our Terms and Privacy Policy to use Empire Strykers.
YOUR RESPONSIBILITIES
In order to use the Empire Strykers platform, we require that you make the following commitments to ensure a safe and respectful environment for people to enjoy:
- You must not be a convicted sex offender.
- You cannot impersonate others or provide inaccurate information.
- You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't violate (or help or encourage others to violate) these Terms or our policies.
- You can't do anything to interfere with or impair the intended operation of the Service.
- You can't attempt to create accounts or access or collect information in unauthorized ways.
- You can’t reverse engineer, reverse compile, de-compile or attempt to discover the source code of the software.
- You can’t use, rent, lend, copy, modify or otherwise create and publish sites and applications that contain the intellectual property rights of Empire Strykers.
PERMISSIONS YOU GIVE TO US
As part of our agreement, you also give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other content that you follow or engage with - without any compensation to you.
ADDITIONAL RIGHTS WE RETAIN
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user or is considered objectionable).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You must not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
- We can modify the Services provided at any time without prior notice to you at our sole discretion.
CONTENT REMOVAL AND DISABLING OR TERMINATING YOUR ACCOUNT
- We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law.
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it.
USER AND COMPANY RIGHTS
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
USER AND COMPANY RESPONSIBILITIES
- Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Site.
- Our responsibility for anything that happens on the Site (also called "liability") is limited as much as the law will allow. If there is an issue with our Site, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed $100.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Site. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
CONFLICT RESOLUTION
- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or EMPIRE STRYKERS ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other EMPIRE STRYKERS users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Site or engage with the Site in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Empire Strykers account, and a clear statement that you want to opt out of this arbitration agreement, and you must email them to: support@theempirestrykers.com.
- Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Empire Strykers account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be emailed to: support@theempirestrykers.com. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Empire Strykers account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
- For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of California or a state court located in Orange County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
UPDATING THESE TERMS
We may change our Site and policies, and we may need to make changes to these Terms so that they accurately reflect our Site and policies. Unless otherwise required by law, we will notify you (for example, through our Site) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Site, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you should delete your account and discontinue use of this Site.
