Throw Shaka LLC Terms of Service

By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). These Terms form a legally binding agreement between you and Throw Shaka LLC ("we," "us," "our"). If you do not agree to these Terms, you may not use our services.

Acceptance of Terms

By accessing or using our services, you agree to comply with these Terms. Your use of our services signifies your acceptance of these Terms. We may update these Terms from time to time, and it is your responsibility to review these Terms periodically for any changes. Significant changes will be communicated to you via email or other direct communication methods.

Eligibility

You must be at least 18 years old to use our services. Additionally, our services are intended for use by legal residents of the United States only. By using our services, you represent and warrant that you meet these eligibility requirements.

Modifications to Terms

We reserve the right to modify these Terms of Service and the services we offer at any time. Any changes to these Terms or our services will be effective immediately upon posting the updated Terms on our website. We will notify you of any changes by posting the updated Terms on our website and through other communications.

Your continued use of our services after any changes to the Terms have been made constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using our services.

Account Registration and Use

To access certain features of our services, you may be required to register for an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please notify us immediately if you suspect any unauthorized use of your account.

Proprietary Rights

All rights, titles, and interests in and to our services, including all intellectual property rights, are and will remain the exclusive property of Throw Shaka LLC and its licensors. This includes, but is not limited to, any content, software, technology, and all related materials provided through our services. You may not copy, modify, distribute, sell, lease, or create derivative works based on our content or services without our prior written consent.

User Content

You retain ownership of all content that you create, upload, or share while using our services ("User Content"). By providing User Content through our services, you grant Throw Shaka LLC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the services and Throw Shaka LLC's business. You are solely responsible for the User Content you provide.

Rules and Conduct

To maintain a safe and respectful environment, all users of our services must adhere to the following rules:

• Prohibited Activities: You agree not to engage in any of the following prohibited activities:

  • Using our services for any illegal purpose or in violation of any local, state, national, or international law.

  • Harassing, threatening, or defaming any person or entity.

  • Spamming, phishing, or engaging in any other unsolicited advertising or promotional activities.

  • Uploading or sharing any content that is harmful, abusive, offensive, or otherwise inappropriate.

• Compliance with Laws: You must comply with all applicable local, state, national, and international laws, rules, and regulations.

• Respect for Others: You must respect the rights and privacy of other users. Do not engage in activities that infringe upon the rights of others.

Violations of these rules may result in the suspension or termination of your account and access to our services, as well as any other remedies available to us under the law.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using our services, you agree to the collection and use of your information as described in our Privacy Policy. We take reasonable measures to protect your information from unauthorized access, use, or disclosure.

California Privacy Rights

Under the California Consumer Privacy Act (CCPA), California residents have specific rights regarding their personal information. These rights include:

• Right to Know: You have the right to request information about the categories and specific pieces of personal information we have collected about you.

• Right to Delete: You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.

• Right to Opt-Out: You have the right to opt out of the sale of your personal information.

• Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your CCPA rights.

To exercise these rights, please contact us at hello@throwshaka.com.

"Shine the Light" Law

California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at hello@throwshaka.com.

Third-Party Links and Information

Our services may contain links to third-party websites, services, or resources that are not owned or controlled by Throw Shaka LLC. These links are provided for your convenience and reference only. We do not endorse and are not responsible for the content, products, or services on or available from those websites, services, or resources.

Warranty Disclaimer

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Throw Shaka LLC does not warrant that the services will be uninterrupted, secure, or free of errors or viruses.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Throw Shaka LLC, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our services; (ii) any conduct or content of any third party on our services; (iii) any content obtained from our services; and (iv) unauthorized access, use, or alteration of your transmissions or content.

Indemnity

You agree to defend, indemnify, and hold harmless Throw Shaka LLC, its affiliates, and their respective directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of our services; (ii) your violation of these Terms; (iii) your User Content; or (iv) your violation of any rights of another.

Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, if you breach these Terms or for any other reason. Upon termination, your right to use our services will immediately cease. If you wish to terminate your account, you may simply discontinue using our services.

Governing Law and Arbitration

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in San Diego, California, in accordance with the rules of the American Arbitration Association.

General Terms

These Terms constitute the entire agreement between you and Throw Shaka LLC regarding our services and supersede and replace any prior agreements we might have had between us regarding the services. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.