Terms of Use

Last revised on: March 30, 2017

Thank you for using our app! We’re thrilled you’ve decided to check out some of our amazing content, but we also want to make you are aware that there are terms and conditions that apply to your interaction with our app.

Throughout this document, when we talk about “Complex”, “we” or “us”, we’re talking about Complex Media, Inc., the owner and operator of our app (the “Complex App”). Sometimes we’ll also talk about Complex’s “affiliates”, and in that case we’re referring to other companies that we control, or that are controlled by or are under common control with Complex (where control means ownership of 15% or more of the voting stock or other ownership interests). Finally, we’ll refer to these Terms of Use, together with any additional guidelines, terms, or rules applying to the Complex App in connection with a specific service or feature, and our privacy policy (located at Privacy Policy), as the “Terms of Use.”

Please read the Terms of Use carefully before using the Complex App as they set forth the legally binding terms for your use of the Complex App and disputes arising out of your use of the Complex App. We may change the Terms of Use or modify the Complex App at any time. The most current version of the Terms of Use can be viewed by going to the app settings. You accept the Terms of Use when you download and first use the Complex App, and you accept any changes to the Terms of Use by continuing to use the Complex App after we post an updated version of the Terms of Use. If you do not agree to all of the Terms of Use, do not use the Complex App.

You must be at least 13 years old to use the Complex App. If you are between the ages of 13 and 18, you may use the Complex App only if your parent or legal guardian has reviewed the Terms of Use and consents to your use of the Complex App.

PLEASE NOTE THAT SECTION 6.2 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US.

  1. General Terms
    • 1.1 Our App. The Complex App allows you to watch various types of videos. The Terms of Use covers your activities while using the Complex App. However, content from the Complex App may also be viewable on other platforms and services (for example, go90 and Complex.com), and if you are viewing our content somewhere else, you will be subject to the terms and conditions applicable to the destination where you are viewing the content (including its privacy policy), and not to the Complex App’s Terms of Use.
    • 1.2 Licenses. The content of the Complex App, including all videos, is protected by copyright, trademark and other intellectual property laws. We, our affiliates, or our third-party licensors own all copyrights, trademarks and other intellectual property rights in the Complex App and its content to the fullest extent allowed by the United States Copyright Act and all other applicable state, federal, or international laws. Subject to your compliance with these Terms of Use, Complex grants you a limited, non-transferable and non-sublicensable, non-exclusive, revocable license to install and use the Complex App, in executable object code format only, solely on your own device and for your personal, noncommercial use. We license the Complex App to you, and do not and have not sold the Complex App to you. While your use of the Complex App is governed by the Terms of Use, your downloading, installation and use of the Complex App may also be subject to app store end user policies and terms that you agree to when you access an app store to download the Complex App. Additional terms and conditions applicable to iOS versions of the Complex App can be found in Section 9 below. All rights not expressly granted to you in the Terms of Use are reserved by us, our affiliates or our suppliers.
    • 1.3 Restrictions on your use of the Complex App. Your use of the Complex App is subject to certain restrictions. Namely, you may not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Complex App or any content found on the Complex App; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Complex App or any content found on the Complex App; (c) access the Complex App in order to build a similar or competitive service; (d) violate the Complex App’s or any third party’s copyright, trademark or other intellectual property rights; (e) remove any copyright, trademark or other proprietary notices from the Complex App or content found on the Complex App; and (f) except as expressly stated otherwise by us (either in the Terms of Use or on the Complex App), perform, copy, reproduce, distribute, republish, download, display, broadcast, post or transmit any part of the Complex App or any content found on the Complex App in any form or by any means.
    • 1.4 Changes to the Complex App and your Access to Them. We may add, modify, shut down or remove any content or features found on, or modify, suspend or terminate your access to, the Complex App, at any time without notice, and we will have no liability to you for doing so.
    • 1.5 Third Party Content. The Complex App contains links to third party websites and services (collectively, “Third Party Content”). Third Party Content is not under our control and we are not responsible for it. We provide Third Party Content only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to it. You use all Third Party Content at your own risk. When you link to Third Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering policies. You should review the third party’s appropriate policies before accessing Third Party Content.
    • 1.6 We do not control the Internet or Third Party Internet Service Providers. We use the Internet and third party Internet Service Providers (“ISPs”) to transmit content and otherwise provide you access to the Complex App. The Internet and ISPs may or may not be reliable, private or secure. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Complex App. Access to the Complex App or the transmission of content may be interrupted or limited, or content may not display properly due to variables beyond our control, including the speed and availability of your wireless or broadband network connection.
    • 1.7 Open Source Software. Portions of the Complex App contain open source software; for more information, please visit Third Party Licenses
  2. Information we collect and you submit
    • 2.1 Information We Collect. We collect information about the device (or devices) you use to access the Complex App and about your use of the Complex App. We may also collect personal information about you when you choose to submit this information to us. All information we collect may be used and shared in a manner that is consistent with our privacy policy, located at Privacy Policy.
    • 2.4 Acceptable Use Policy. You agree not to use the Complex App to do anything that:
      • is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, profane, invasive of another’s privacy, or harmful to minors in any way;
      • harasses, degrades, intimidates or is hateful toward an individual or group of individuals;
      • includes personal or identifying information about another person without that person’s explicit consent;
      • is false, deceptive, misleading, deceitful, misinformative, constitutes “bait and switch” or impersonation of any person or entity; • is unsolicited or unauthorized advertising, branding, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
      • violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      • is in violation of any law, regulation, or obligations or restrictions imposed by any third party;
      • uploads, transmits, or distributes any computer viruses, worms, or any software intended to damage or alter a computer system or data; • harvests, collects, gathers or assembles information or data regarding other users, including e-mail addresses, without their consent;
      • interferes with, disrupts, or creates an undue burden on servers or networks connected to the Complex App or violate the regulations, policies or procedures of such networks;
      • attempts to gain unauthorized access to the Complex App, other computer systems or networks connected to or used together with the Complex App, through password mining or other means;
      • tampers with any copyright protection mechanisms applicable to content on the Complex App; or
      • introduces software or automated agents or scripts to the Complex App in order to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Complex App.
    • 2.5 Feedback You Provide on the Complex App. You can contact us through the Complex App’s feedback option in the app settings. If you provide us with any feedback or suggestions regarding the Complex App (“Feedback”), you hereby assign to Complex all rights, title, and interest in your Feedback, and agree that we shall have the right to use your Feedback and related information in any manner and for any reason we deem appropriate without compensating you for your Feedback. We will treat any Feedback you provide to us as non-confidential and non-proprietary, so do not submit any information or ideas that you consider to be confidential or proprietary. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Feedback.
  3. Indemnity.You agree to defend, indemnify, and hold Complex (and its officers, employees, contractors, and agents), our parents, our affiliates, and our third party suppliers, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) your use of the Complex App, (b) your violation of these Terms of Use or the Privacy Policy, or (c) your violation of any applicable law or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  4. Disclaimers.

    YOUR USE OF THE COMPLEX APP IS AT YOUR OWN RISK. THE COMPLEX APP IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE, OUR PARENTS AND AFFILIATES, AND OUR THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE, OUR PARENTS AND AFFILIATES, AND OUR THIRD PARTY SUPPLIERS, MAKE NO WARRANTY THAT THE COMPLEX APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED ON THE COMPLEX APP OR IN ANY THIRD PARTY CONTENT LINKED TO OR FROM THE COMPLEX APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME CONTENT ON THE COMPLEX APP OFFERS ADVICE, OPINIONS AND OTHER INFORMATION FROM A VARIETY OF SOURCES WHO MAY BE AFFILIATED WITH US; THESE ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

  5. Limitation of Liability.

    IN NO EVENT WILL COMPLEX, OUR PARENTS AND AFFILIATES, OR OUR THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COMPUTER OR TECHNICAL FAILURE OR MALFUNCTION, LOSS OF DATA OR INFORMATION, LOSS OF USER CONTENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE COMPLEX APP, EVEN IF WE (OR THEY) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS OF USE OR TO YOUR USE OF, OR INABILITY TO USE, THE COMPLEX APP (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPLEX IN THE PRIOR TWELVE (12) MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE COMPLEX APP.

  6. Arbitration.
    • 6.1 Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and us (and in this case, “us” includes any of our affiliates that may be named in any dispute) arising under or related in any way to the Terms of Use must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Complex App.
    • 6.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND COMPLEX ARE EACH WAIVING THE RIGHT TO LITIGATE DISPUTES THROUGH A COURT OR TO PARTICIPATE IN A CLASS ACTION. YOU AND COMPLEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
    • 6.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you, and Complex must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.
    • 6.4 The Terms of Use is governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction. Notwithstanding the preceding sentence, the Federal Arbitration Act will govern any arbitration pursuant to this section.
  7. Termination. In the event we shut down the Complex App, or terminate your ability to access the Complex App, the most recent Terms of Use you accepted will remain applicable to any interactions you have with us and any questions, concerns, disputes or other disagreements you have with us regarding your prior use of the Complex App. We may terminate the Terms of Use at any time for any reason at our sole discretion, and if we do, all of our and your obligations that by their nature would continue beyond the termination, including, without limitation, those relating to limitation of liability and indemnification, will survive the termination.
  8. Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using an iOS version of the Complex App downloaded from the Apple App Store.
    • 8.1 Acknowledgement. These Terms of Use are between us and you only, and not with Apple. We, not Apple, are solely responsible for our iOS Complex App and the content thereof. To the extent these Terms of Use provide for usage rules for our iOS Complex App that are less restrictive than, or otherwise is in conflict with, the Usage Rules set forth by the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
    • 8.2 Scope of License. The license granted to you for an iOS Complex App in Section 1.2 above is further limited to a non-transferable license to use the iOS Complex App on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
    • 8.3 Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS Complex App.
    • 8.4 Warranty. We do not provide any express warranties covering the Complex App, and we expressly disclaim all implied warranties in Section 4. To the extent the disclaimers contained in Section 4 are not effective, we are solely responsible for any product warranties. In the event of any failure of one of our iOS Complex App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the iOS Complex App to you (if any); and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Complex App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
    • 8.5 Product Claims. We, not Apple, are responsible for addressing any claims of you or any third party relating to our iOS Complex App or your possession and/or use of our iOS Complex App, including: (i) product liability claims; (ii) any claim that our iOS Complex App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This section does not limit our liability to you beyond what is permitted by applicable law.
    • 8.6 Intellectual Property Rights. Apple bears no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim that our iOS Complex App infringes that third party’s intellectual property rights.
    • 8.7 Third Party Beneficiary. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use and Apple has the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.
  9. Miscellaneous.
    • 9.1 The Terms of Use constitute the entire agreement between you and us regarding the use of the Complex App, superseding any and all previous agreements between you and Complex regarding your use of the Complex App.
    • 9.2 Our failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision.
    • 9.3 The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
    • 9.4 The word including means including without limitation.
    • 9.5 If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified consistent with its original intent so that it is valid and enforceable to the maximum extent permitted by law.
    • 9.6 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Use or your use of the Complex App.
    • 9.7 You may not assign the Terms of Use without our prior consent, but we may freely assign the Terms of Use.
    • 9.8 Because of the global nature of the Internet, you agree to comply with all local rules with respect to your use of the Complex App, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you use the Complex App, including all applicable laws, rules, codes, and regulations regarding the transmission of exported technical or personal data. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • 9.9 Our contact information for any end-user questions, complaints or claims with respect to the Complex App is:
      • Complex Media, Inc.
      • Attn: Office of the General Counsel
      • 1261 Avenue of the Americas, 35th floor NY, NY 10020
      • or email: legal@complex.com

Copyright © 2017, Complex Media, Inc. All rights reserved.