THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN A DISPUTE. PLEASE READ THE “GOVERNING LAW; ARBITRATION” SECTION BELOW BEFORE YOU AGREE TO THESE TERMS.
These Terms of Service (“Terms”) govern your access to and use of Crate Clash, including the website, the game itself, and all related features (the “Service”). Crate Clash is operated by Beacon Light Investments (“we,” “us,” or “our”). “You” means anyone who visits, listens to, or plays the Service.
These Terms incorporate our Privacy Policy by reference. By using the Service you accept and agree to be bound by both. By using the Service, you represent that (a) you are at least 16 years old, or if you are under the age of majority where you live, you have your parent or guardian’s permission; and (b) you have the right and authority to agree to these Terms. If you cannot make these representations, you must not use the Service.
Round pages, playback, and standings are available to anyone without an account. Signing in with an email login code is only required to submit a track, vote, or otherwise participate as a player.
1. License to use the Service
We grant you a non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose, subject to these Terms. We reserve all rights not expressly granted. We don’t guarantee the Service will always be available or unchanged.
2. Use restrictions
You agree not to:
- copy, modify, or create derivative works of the Service;
- reverse engineer, decompile, or attempt to derive the source code of the Service;
- interfere with, disable, or attempt to circumvent any security, rate-limiting, or anti-abuse measure of the Service, including the anonymity protections used during voting;
- submit votes on behalf of anyone other than yourself, coordinate votes to manipulate a round’s outcome, or otherwise attempt to game scoring;
- create multiple accounts to evade a limit, ban, or the one-submission or one-vote structure of a round;
- use the Service to violate any law, or to collect or disclose another person’s personal information without their consent;
- impersonate any person, or misrepresent your affiliation with any person or entity; or
- use the Service in any way we reasonably determine to be abusive or harmful to Crate Clash or other players.
Violating this section terminates your license to use the Service immediately, without notice.
3. Accounts and sign-in
We don’t use passwords. You sign in with a one-time code sent to your email address. Keep access to that email account secure — anyone who can read your email can sign in as you. Notify us immediately at the address below if you believe your account has been accessed without your authorization. We may disable an account at any time, in our discretion, for violating these Terms.
4. Changes, suspension, and discontinuation
We may modify or discontinue any part of the Service at any time. We may update these Terms; if we make material changes, we’ll update the “Last updated” date above, and your continued use of the Service after that means you accept the change. We may suspend your access if we reasonably believe you’ve violated these Terms, posed a security risk to the Service, or used it for an unlawful purpose.
5. Our proprietary rights
The Service — its design, code, interface, and all content we create (excluding your own User-Generated Content, defined below) — is owned by us and protected by copyright, trademark, and other laws. These Terms don’t grant you any right to our name, logo, or branding. Any feedback or suggestions you give us about the Service may be used by us freely, without obligation to you.
6. User-generated content
When you submit a track (a link to an existing YouTube video), choose a display name, or otherwise post content through the Service (“User-Generated Content”), you agree that it will not:
- infringe or violate anyone else’s intellectual property, privacy, or other rights;
- be defamatory, harassing, threatening, hateful, obscene, or otherwise unlawful; or
- impersonate another person or falsely claim an affiliation.
You represent that you have the right to submit the User-Generated Content you provide. You grant us a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute your User-Generated Content as part of operating the Service — for example, showing your submitted track, display name, and results on round and standings pages, including after a round has closed. We may remove User-Generated Content or restrict an account that violates this section, at our discretion.
You’re solely responsible for the User-Generated Content you submit. We don’t pre-screen submissions and take no responsibility for User-Generated Content posted by players.
7. Third-party content
Tracks are played back via embedded YouTube video. YouTube is a third-party service not operated by us, and your use of embedded playback is also subject to YouTube’s own terms. We don’t control, and aren’t responsible for, the availability or content of videos hosted on YouTube.
8. Indemnification
You agree to indemnify and hold us, and our officers, employees, and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of the Service, your violation of these Terms, or your User-Generated Content.
9. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DON’T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT (INCLUDING THIRD-PARTY VIDEO PLAYBACK) WILL REMAIN AVAILABLE.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU MUST BRING ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICE WITHIN ONE (1) YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED.
11. Notices
We’ll give you notice by email, to the address associated with your account. You can give us notice at kyled@beaconlightinvestments.com.
12. Governing law; arbitration agreement
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.
You and we agree that any dispute arising out of or relating to these Terms, the Service, or your use of it will be resolved by binding individual arbitration under the Federal Arbitration Act, rather than in court, except that either party may bring an individual claim in small claims court. This means you and we both give up the right to a jury trial and the right to participate in a class action or class arbitration — arbitration will be on an individual basis only, and an arbitrator may not consolidate more than one person’s claims.
Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. To start an arbitration, send a written description of your claim to kyled@beaconlightinvestments.com and file a claim with the AAA (adr.org). Any in-person hearing will be held at a location reasonably convenient to you. You must commence arbitration of any claim within one (1) year after it accrues, or it is permanently barred.
If the class-action waiver in this section is found unenforceable as to a given dispute, then that dispute must be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of those courts. You still waive any right to a jury trial or to bring a class or collective action.
You may opt out of this arbitration agreement by emailing kyled@beaconlightinvestments.com with the subject line “Arbitration Opt-Out” within 30 days of first using the Service. If you opt out, disputes will instead be litigated exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of those courts.
13. Copyright policy
We respond to notices of alleged copyright infringement. If you believe content accessible through the Service infringes your copyright, send a notice to kyled@beaconlightinvestments.com that includes:
- your physical or electronic signature;
- identification of the copyrighted work you claim has been infringed;
- identification of the material you claim is infringing, specific enough for us to locate it;
- your contact information (name, address, and email);
- a statement that you have a good-faith belief the use is unauthorized; and
- a statement, under penalty of perjury, that the notice is accurate and that you’re authorized to act on the copyright owner’s behalf.
Because submissions on Crate Clash are links to videos already hosted on YouTube rather than uploaded files, most copyright concerns about the underlying video should be directed to YouTube. We’ll still remove a submission from Crate Clash on receipt of a valid notice concerning how it’s presented here. If content you posted was removed by mistake, you may send a counter-notice to the same address identifying the material and stating, under penalty of perjury, that its removal was a mistake or misidentification.
14. General
If any provision of these Terms is found unenforceable, the rest remain in full force. Our failure to enforce a provision isn’t a waiver of it. These Terms are the entire agreement between you and us regarding the Service, and supersede any prior agreements on the subject. We may assign these Terms; you may not assign them without our written consent.
Contact us
Questions about these Terms can be sent to kyled@beaconlightinvestments.com.