Terms & Conditions
1. ACCEPTANCE OF TERMS
CrushMe.com (“CrushMe”) provides a collection of pictures and email messaging services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular CrushMe services, you agree to abide by any applicable posted guidelines for all CrushMe services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with CrushMe in any way, your only recourse is to immediately discontinue use of CrushMe.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. CONTENT
You understand that all pictures, messages, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that CrushMe does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. CrushMe makes no representation or warranty as to the accuracy, completeness or authenticity of the pictures or messages contained on CrushMe. Under no circumstances will CrushMe be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that CrushMe does not pre-screen or approve Content, but that CrushMe shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. PRIVACY AND INFORMATION DISCLOSURE
CrushMe has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
Your use of the CrushMe website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that CrushMe may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Comply with legal process;
Enforce the TOU;
Respond to claims that contact information (e.g. location) of a party has been posted or transmitted without their consent or as a form of harassment;
Protect the rights, property, or personal safety of CrushMe, its users or the general public.
5. CONDUCT
Without limitation, you agree not to:
Use the website or service in a way that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
Post pictures that are pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
Harass, degrade, intimidate or be hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Include personal or identifying information about another person without that person's explicit consent;
Post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Contact anyone who has asked not to be further contacted;
"Stalk", intimidate, annoy, abuse or otherwise harass any person via the Service and/or CrushMe website;
Impersonate any other person or entity;
Circumvent, or attempt to circumvent, any security and/or payment mechanism implemented in connection with the Service and/or CrushMe website;
Engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service and/or CrushMe website;
Express or imply that any statements you make are endorsed by Crushme;
Remove any copyright, trademark or other proprietary rights or notices contained in association with any content;
6. ACCESS TO THE SERVICE
CrushMe grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CrushMe.
CrushMe permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of the CrushMe site so long as the link does not portray CrushMe, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by CrushMe immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from CrushMe.
7. TERMINATION OF SERVICE
You agree that CrushMe, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if CrushMe believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that CrushMe shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE CRUSHME WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CRUSHME WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CRUSHME DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CRUSHME WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRUSHME DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CRUSHME WEBSITE OR THE SERVICE.
9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CRUSHME BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CRUSHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CRUSHME WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CRUSHME WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE CRUSHME WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CRUSHME WEBSITE OR THE SERVICE.
10. INDEMNITY
You agree to indemnify and hold CrushMe, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. GENERAL INFORMATION
The TOU constitute the entire agreement between you and CrushMe and govern your use of the Service, superseding any prior agreements between you and CrushMe. The TOU and the relationship between you and CrushMe shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and CrushMe agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook County, IL. The failure of CrushMe to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. COPYRIGHT AND LICENSE
ALL RIGHTS ARE RESERVED Copyright ® 2009 CrushMe Copyright includes without limitation design, design intellectual properties, graphics, licensed graphics for their license duration, pictures, text, information, arrangement of information, and data produced by CrushMe. Your right to access this website is granted on a temporary basis and licensed subject to all terms and conditions, is not sub-licensable, and is granted to you the user on a limited basis.
12. FEEDBACK
Questions or comments, please feel free to email feedback@CrushMe.com
