Please read these Terms carefully before using the www.cherryck.com website and any other websites owned and operated by Stats Perform from time to time (together the “Websites”). By accessing and using the Websites, you expressly agree to comply with these Terms. If you do not agree with any part of the Terms, please do not use any of the Websites.
We reserve the right, and may need, to update these Terms from time to time by updating this page. We would encourage you to come back and review it from time to time. By using the Websites after we have made such updates, you agree to be bound by the revised Terms.
Stats Perform retains the right to deny access to anyone who we believe has violated any of these Terms.
The Websites are controlled and operated by Stats Perform. All material on the Websites, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyright, trademarks, and other intellectual property rights which are owned and controlled by Stats Perform or by other parties that have licensed their material to us. Material on the Websites is solely provided to you for personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is strictly prohibited.
The Websites may contain links to other third party websites not owned by Stats Perform (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. Stats Perform is not responsible for the content of the Linked Sites, whether or not Stats Perform is affiliated with sponsors of the sites. Stats Perform does not in any way endorse the Linked Sites.
By using the Websites, you warrant and represent that you will not submit or otherwise publish any content which: (a) libels, defames or invades the privacy of third parties, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to infringing anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to indemnify Stats Perform and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
The materials on the Websites are provided “as is” and without warranties in relation to the provision of the Websites. Neither Stats Perform, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of the Websites warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Stats Perform or the server that makes them available are free of viruses or other harmful components. The material that you read on the Websites is provided solely for promotional and marketing purposes. Stats Perform does not warrant or make any representations regarding the use or the results of the use of the materials in the Websites in terms of their correctness, accuracy, reliability, or otherwise.
You expressly agree that, except for death and personal injury arising as a consequence of Stats Perform’s negligence, neither Stats Perform , nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of the Websites are responsible or liable to any person or entity whatsoever for any loss or damage whatsoever resulting from the use of any of the Websites. By way of example, and without limiting the generality of the foregoing, Stats Perform and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or the reliance upon or use of data, information, opinions or other materials appearing on the Websites. You expressly acknowledge and agree that Stats Perform is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
If you are based in the US, these Terms shall be governed by, construed and enforced in accordance with the laws of the state of Illinois, and any action you, any third party or Stats Perform bring to enforce these Terms in connection with any matters related to the Websites shall be subject to the non-exclusive jurisdiction of the courts of the state of Illinois.
If you are based outside the US, these Terms shall be governed by, construed and enforced in accordance with the laws of England and Wales, and any action you, any third party or Stats Perform bring to enforce these Terms in connection with any matters related to the Websites shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, as updated by us from time to time in accordance with these Terms, are the entire agreement between the parties relating to the matters contained herein.
These Terms are dated September 16, 2019.