Terms of Service

Terms and Conditions

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE "SITE" OR USING ANY PART OF THE SITE OR "SERVICE" (BOTH AS DEFINED BELOW). BY VISITING THE SITE AND/OR USING OR ACCESSING THE SERVICES, THE USER ("YOU") AGREE TO BECOME BOUND BY THE TERMS OF USE AND THE ICRACKED PRIVACY POLICY, WHICH ARE INCORPORATED BY REFERENCE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, WHETHER VISITOR OR MEMBER, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE SITE OR THE SERVICES. ICRACKED'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT; YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

Acceptance of Terms

The following terms and conditions govern all use of the iCracked.com website (the Site) and the services available on or at the Site (the Service). The Service is owned and operated by iCracked Inc. (iCracked). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on the Site by iCracked.

The Service is available only to individuals who are at least 18 years old or who are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case the Site is not intended for children 13 or under. If you are 13 or under years of age, then please do not use the Site. iCracked may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

iCracked reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time, by posting the modified Terms of Use or other policies or guidelines on the Site, and if permitted to do so, sending you an e-mail notifying you of the nature of the modifications and a link to the modified document on the Site so that you may review it. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting or notification of any changes to the Terms of Use constitutes your acceptance of those changes and your agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site or the Service.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal use. For purposes of the Terms of Use, "Content" includes, without limitation, any video, audio, information, data, text, software, images, photographs, scripts, graphics, logos, interactive features, and other works of authorship in any form, medium or technology now known or later developed, which is generated, provided, or otherwise made accessible by iCracked on or through the Service.

By way of example, and not as a limitation, you shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

  • infringes any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right of any other person or entity;
  • includes video or a photograph of another person or an identifiable location that you have posted without that person's or the owner of such location's consent;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, sexually explicit or profane, depicts nudity, unlawful activities, death or violence, or encourages conduct that could constitute a criminal offense;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • involves commercial activities and/or sales without iCracked's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • advertises to, or solicits, any other user of the Service to buy or sell any products or services through the Service other than as incorporated in User Submissions which are otherwise in accordance with these Terms of Use;
  • displays an advertisement, or accepts payment or anything of value from a third person in exchange for your performing any activity on or through the Service on behalf of that person, such as posting commercial content, or posting blogs or bulletins with a commercial purpose;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of iCracked Inc. or any third party; or
  • impersonates any person or entity, including any employee or representative of iCracked

Additionally, you shall not:

  • (i)take any action that imposes or may impose (as determined by iCracked in its sole discretion) an unreasonable or disproportionately small strain on iCracked's infrastructure;
  • (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
  • (iii) bypass any measures iCracked may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall not (directly or indirectly):

  • (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
  • (ii) modify, translate, or otherwise create derivative works of any part of the Service or as explicitly provided on the Site, or
  • (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

Registration

In order to access some features of the Site, you will have to create an account. You must submit a valid e-mail address and select a password and user name (iCracked username) during the registration process. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your iCracked account.

You shall not:

  • (i) select or use as a iCracked username a name of another person with the intent to impersonate that person;
  • (ii) use as a iCracked username a name subject to any rights of a person other than you without appropriate authorization; or
  • (iii) use as a iCracked username a name that is otherwise offensive, vulgar or obscene.

iCracked reserves the right to refuse registration of, or cancel an iCracked username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your iCracked password. You shall never use another user's account without such other user's express permission. You will immediately notify iCracked in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Copyright

Unless otherwise indicated, the Terms of Use and all Content provided by iCracked are copyright © 2014 iCracked. all rights reserved. iCracked, and the iCracked logo, as well as any other logos or brand features owned by iCracked, are trademarks or service marks of iCracked or otherwise proprietary to iCracked. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by iCracked. You further agree not to change or delete any proprietary notices from materials downloaded from the site. The names of actual companies and products mentioned on the Site may be the trademarks or servicemarks of their respective owners.

Trademarks

All trademarks, service marks and trade names of iCracked used in the Site or the Service are trademarks or registered trademarks of iCracked, more specifically iCracked Holdings, LLC. iPhone, iPod, and iPad are all trademarks of Apple Inc., and of Apple Inc. alone.

Affiliation

iCracked is an independent service provider. iCracked, its affiliates and each of its, and its affiliates' employees, contractors, directors, suppliers and representatives, are in no way, shape, or form affiliated with Apple Inc.

Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ICRACKED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  • (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
  • (III) CONSEQUENCES OF USING THE SITE OR YOUR EXPOSURE TO ANY CONTENT OR USER SUBMISSIONS ON THE SITE,
  • (IV) UNAUTHORIZED DISCLOSURE OF IMAGE, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER SUBMISSIONS, OR
  • (V) STATISTICS PROVIDED TO YOU OR OTHER USERS OF THE SERVICE INCLUDING BUT NOT LIMITED TO SITE ACTIVITY, SEARCH RESULTS, OR CONTENT VIEWS. ICRACKED IS NOT RESPONSIBLE FOR ANY SEARCH RESULTS OR RANKINGS OR THE ADDITION OF OR CHANGE TO ASSOCIATED METADATA OF CONTENT ON THE SITE.

ICRACKED, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:

  • (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
  • (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
  • (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • (D) THE SITE OR THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR
  • (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

ICRACKED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE OR FEATURED IN THE CONTENT OF THE SITE OR ANY BANNER OR OTHER ADVERTISING, AND ICRACKED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL ICRACKED, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE

  • (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES ARISING FROM
    • (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR
    • (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND USE OF THE SERVICE,
  • (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
  • (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless iCracked, its affiliates and each of its, and its affiliates' employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and legal expenses, that arise from

  • (i) your use or misuse of, or access to, the Service;
  • (ii) your violation of the Terms of Use; or,
  • (iii) the infringement by you, or any third party using your account, of any intellectual property, privacy, publicity or other right of any person or entity.

iCracked reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with iCracked in asserting any available defenses. This obligation survives indefinitely the termination and/or expiration of these Terms of Use and/or your status as an iCracked User.

Termination

iCracked may terminate the Service or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, contact us. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Notice

iCracked may deliver notice to you by means of telephone call, e-mail, a general notice through the site, or by other reliable method to the address you have provided to iCracked.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and iCracked agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and all applicable federal laws. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services shall be only the state or federal courts located in Dallas County, Texas, and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Third-Party Links

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under iCracked's control, and you acknowledge that iCracked is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by iCracked or any association with its operators. You further acknowledge and agree that iCracked shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Miscellaneous

The Terms of Use are the entire agreement between you and iCracked with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and iCracked with respect to this Site or any other of the subject matter hereof. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. No failure of iCracked or the Site to enforce any of its rights under these Terms of Use will act as a waiver of such rights. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with iCracked's prior written consent. iCracked may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.