AllTakes Terms of Service
Last updated: Feb 15, 2023
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR CONTENT AND OUR SERVICES, OUR LIMITATION OF LIABILITY TO YOU, AND YOUR AGREEMENT TO RESOLVE DISPUTE BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AS FURTHER DETAILED BELOW.
Welcome to AllTakes!
A. What we offer
Through our Service, we’ve established a marketplace for people to create, share or participate in virtual events, cohorts, courses, community or 1:1 modalities. People who experience and interact with these on our Service are our “Users”. Users who create offers and host communities, content, cohorts or courses to share via the Services, whether for free or for a fee, are our “Coaches”.
B. AllTakes accounts
You must set up an account to use the Services. During the registration process, you will provide your name and contact information and you will create a username and password. You may also provide a photograph for your profile. You are responsible for maintaining the confidentiality of your password.
You may close your account at any time by emailing firstname.lastname@example.org.
We may suspend, terminate, or restrict your account at any time for any reason, without any notice or liability. We reserve the right to suspend or discontinue the availability of the Services at any time for any reason, without any notice or liability.
C. Privacy practices
A. You own Your Content.
Users and Coaches keep ownership of all content and activity provided pursuant to the Services. All material that you upload, publish or display pursuant to the Services is “Your Content”. The Service enables you to add posts, articles, photos, videos, links, files, events, groups, and chat with Coaches and other Users, all of which constitutes Your Content.
You represent that you own or control all rights in and to Your Content and have the right to grant the licenses granted herein. You understand and acknowledge that you are responsible for Your Content, and you, not us, have full responsibility for Your Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of Your Content.
B. By posting Your Content on the Service, you grant us a license to use and publish it.
In Summary: You give us permission to run and/or publish Your Content on our Services. For any of Your Content, make sure you have permission to run and/or publish it on the Services.
In connection with your use of the Service, you hereby grant and will grant Take Two Co. and its subsidiaries, agents, licensees, successors and assigns a nonexclusive, worldwide, royalty free, unrestricted, fully paid up, transferable, assignable, sub-licensable (through multiple tiers), perpetual, irrevocable right, permission and license to: (i) copy, display, publish, run, transmit, perform, distribute, reproduce, translate, host, store, modify, create derivative works from, and otherwise use Your Content in connection with the operation of the Service, in whole or in part, in any form, medium or technology now known or later developed, for commercial or any other lawful purpose, without further consent, royalty, payment or other compensation; (ii) use your name, likeness, appearance, signature, image, voice, marks, trademarks, logos, professional and personal biographical information, other personal characteristics, provided by you, contained within Your Content, or used in connection with Your Content; and (iii) use the URL, links, and screenshots of your blogs, video, websites, and other social media in connection with Your Content (such right, permission and license, the “Company Rights”). You agree not to include any third-party intellectual property (such as copyrighted material) in Your Content unless you have written permission from such third party or are otherwise legally entitled to do so. The Company Rights remain in effect even if you stop using the Services.
C. You agree to follow Content Standards
You agree to follow the Content Standards (the “Content Standards”).
However, we do not undertake to review material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Coach, User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein.
We are not obligated, but reserve the right, to remove, suspend, or refuse to publish, in whole or part, any of Your Content or your account on the Service for any reason in our sole discretion, including for any violation of the Content Standards. You agree to accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content.
You may submit a complaint or concern about another User or Coach to email@example.com.
3. Reliance on Information Posted
The information presented on or through our Services (including our website) is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk.
The Service includes content provided by third parties, including Coaches and other Users, and may include materials provided by bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
4. Premium Services
Users purchase offers provided by Coaches at the price that Coaches set for their offers.
Additionally, if you select a portion of the Service for which a fee applies (“Premium Service”), you agree to pay the applicable fee, which may be a one-time fee or a recurring subscription fee. We may share fees related to Premium Services with Coaches, subject to any applicable Service-related fees charged by us. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
B. No Refunds
We do not offer refunds in connection with any Premium Services, regardless of whether the Premium Services were used or unused, and regardless of whether the Premium Services were terminated by you or by us.
5. Intellectual Property Policies
A. We retain ownership of Service Materials
All rights, title, and interest in the Service, including our buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, Coach Data, third-party web services or third-party content linked to or posted within the Service), including without limitation the following trademarks and service marks:
Take Two Co.
All AllTakes logos
(collectively “Service Materials”) are the property of Take Two Co. and/or its licensors. We retain all right, title, and interest in and to the Service Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Service Materials without our express written permission.
All other names, logos, product and service names, designs, and slogans on our Service are the trademarks of their respective owners.
B. Our Licenses to You.
C. Copyright and Trademark Infringement
We expect our Coaches and Users to respect the intellectual property rights of others, and we take claims of copyright and trademark infringement seriously. We will respond to notices of alleged copyright or trademark infringement that comply with applicable law. If you believe any materials accessible on or from our Service and website infringe your intellectual property rights, you may request removal of those materials (or access to them) from the website by submitting written notification to:
AllTakes Complaint Department
PO Box 1074, Belmont, CA 94002
In order to be effective, your notice must include the following information:
Adequate information by which we can contact you (including your name, address, phone number and email address).
Your physical or electronic signature.
Identification of the protected work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a URL link where the material can be found on our website).
For copyright infringement claims: A statement that you declare, under penalty of perjury, that (i) all information contained in the notice is accurate, (ii) you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as fair use), and (iii) that you are the owner or that you are authorized to act on behalf of the copyright owner.
For trademark infringement claims: A statement that you declare, under penalty of perjury, that (i) all information contained in the notice is accurate, (ii) you have a good faith belief that use of the intellectual property is not authorized by the rights owner, its agent, or the law, and (iii) that you are the owner or that you are authorized to act on behalf of the rights owner.
Please be aware that if you knowingly materially misrepresent that material or activity available on our Services and website is infringing your intellectual property rights, you may be held liable for damages (including costs and attorneys' fees) under applicable law.
On the flip side, if you believe that Your Content was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us by submitting written notification to our AllTakes Complaint Department.
It is our policy to disable and/or terminate accounts, rights and privileges of repeat infringers.
D. No Endorsement or Screening.
Please note that the Service may contain access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you from our Coaches or third parties on the Service, or the conduct of parties who participate in the Service.
If you are a Coach, it is important for you to respect and honor the trust of the Users on the Service. In the event that a party misdirects an intellectual property rights infringement request directly to you (within or outside of the Service), you will redirect such request directly to firstname.lastname@example.org within two (2) business days.
B. User List
If you as a Coach terminate your use of the Service or if we determine that you may no longer participate in the Service as a Coach, then (i) you retain ownership of Your Content, as well as any data or insights that you collect during your use or provision of the Services (the “Coach Data”) and (ii) any license to use or disclose all or any portion of the User List terminates immediately. At your request (which must be provided in writing to us within 10 days from the date of separation), we shall provide to you a copy of Your Content within 45 days from such request. We have no other obligations upon separation.
7. Disclaimers and Limitation of Liability
In Summary: If you suffer from any loss or damage as a result of using our Services, the amount you may recover is limited.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ALLTAKES ENTITIES TO YOU. “ALLTAKES ENTITIES” MEANS TAKE TWO CO. AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
A. WE ARE PROVIDING YOU THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ALLTAKES ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
B. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
C. TAKE TWO CO., ON BEHALF OF ITSELF AND THE OTHER ALLTAKES ENTITIES, MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER, COACH, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, COACH, OR USER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. TAKE TWO CO., ON BEHALF OF ITSELF AND THE OTHER ALLTAKES ENTITIES, MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY CONTENT, WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
D. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, ALLTAKES ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT ALLTAKES ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, THE WEBSITE, ANY WEBSITES LINKED TO IT, AND ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES.
E. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
In Summary: If we, or our Coaches or Users, are sued by a third party because of your use or conduct on the Service, you have to help defend us.
A. Indemnification of Us
B. Indemnification of other Users and Coaches
9. Dispute Resolution
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court.
The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these terms, and applying the law of the State of California. The arbitrator is bound by these terms. The arbitration will take place in the San Francisco County, California. Rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in San Mateo County, California, and that the parties submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, you waive your right to a jury trial.
A. Entire Agreement
C. Surviving Terms
D. Governing Law and Jurisdiction
Our Service is operated in the United States and will be deemed to be solely based in California and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in San Mateo County, California and governed by laws of the State of California, without regard to any conflict of law provisions.
E. Use Outside of the United States
Take Two Co. expressly disclaims any representation or warranty that the Service is accessible or complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
F. Notice for California Users
Under California Civil Code Section 1789.3, California web users are entitled to receive the following consumer rights notice:
The Service is provided by Take Two Co. If you have any questions, concerns or complaints regarding the Service, please contact us at email@example.com. California web users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210, and for hearing-impaired persons: 711, or 1-800-735-2929 (TTY).
We may request and we welcome your feedback and suggestions about how to improve the Services. Please submit feedback at firstname.lastname@example.org. By submitting feedback, you grant us the right to use, modify, license and publish it for free.
I. Electronic Communications