Terms of Service
By using Crushspace, (the “Web site”) you agree to be bound by
these Terms of Use (this "Agreement"), whether or not you register as a
member (“Member”). If you wish to become a Member, and make use of the
Crushspace service ("Service"), read these Terms of Use and follow the
instructions in the Registration process. This Agreement sets out the
legally binding terms for your membership and may be modified by Crushspace
from time to time. Any modifications shall be effective upon posting by
Crushspace on the Web site.
1. Eligibility. THE WEBSITE IS INTENDED SOLELY FOR
ACCESS AND USE BY INDIVIDUALS 13 YEARS OF AGE AND OLDER. BY ACCESSING AND
USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 13 YEARS OLD. By
using the Web site, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of
the terms and conditions of this Agreement. If you are merely surfing or
browsing through the site and have not yet registered to become a member,
your use of the Website is still subject to the Terms of Use; if you do not
agree to the Terms of Use, do not use the Website.
2. Term. This Agreement will remain in full force and
effect while you use the Web site and/or are a Member of Crushspace. You may
terminate your membership at any time, upon receipt by Crushspace of your
written or email notice of termination. Crushspace may terminate your access
to the Web site. Crushspace may terminate your membership for any reason
effective upon sending notice to you at the email address you provide in
your application for membership or such other email address as you may later
provide to Crushspace.
3. Non-Commercial Use by Members. The Crushspace Web
Site is for the personal use of individual members only, and may not be used
in connection with any commercial endeavors. This includes providing links
to other websites, whether deemed competitive to Crushspace or otherwise.
Organizations, companies, and/or businesses may not become Members of
Crushspace and should not use the Crushspace Service or Web Site for any
purpose. Illegal and/or unauthorized uses of the Web Site, including
unauthorized framing of or linking to the Web Site will be investigated, and
appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress.
4. Proprietary Rights in Content on Crushspace.
Crushspace owns and retains all proprietary rights in the Web Site and the
Service. The Web Site contains the copyrighted material, trademarks, and
other proprietary information of Crushspace, and its licensors. Except for
that information which is in the public domain or for which you have been
given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
5. Member Disputes. You are solely responsible for your
interactions with other Crushspace Members. Crushspace reserves the right,
but has no obligation, to monitor disputes between you and other Members.
6 Privacy. Use of the Crushspace Web site and/or the
Crushspace Service is governed by our Privacy Policy.
7. Disclaimers. Crushspace is not responsible for any
incorrect or inaccurate Content posted on the Web site or in connection with
the Service, whether caused by users of the Web site, Members or by any of
the equipment or programming associated with or utilized in the Service.
Crushspace is not responsible for the conduct, whether online or offline, of
any user of the Web site or Member of the Service. Crushspace assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, user or Member
communications. Crushspace is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion on the
Internet or at any web site or combination thereof, including injury or
damage to users and/or Members or to any other person's computer related to
or resulting from participating or downloading materials in connection with
the Web and/or in connection with the Service. Under no circumstances will
Crushspace be responsible for any loss or damage, including personal injury
or death, resulting from anyone's use of the Web site or the Service, any
Content posted on the Web site or transmitted to Members, or any
interactions between users of the Web site, whether online or offline. The
Web site and the Service are provided "AS-IS" and Crushspace expressly
disclaims any warranty of fitness for a particular purpose or
non-infringement. Crushspace cannot guarantee and does not promise any
specific results from use of the Web site and/or the Service.
8 Limitation on Liability. Except in jurisdictions where
such provisions are restricted, in no event will Crushspace be liable to you
or any third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising from your
use of the Web site or the Service, even if Crushspace has been advised of
the possibility of such damages. Notwithstanding anything to the contrary
contained herein, Crushspace’s liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be limited to
the amount paid, if any, by you to Crushspace for the Service during the
term of membership.
9. Indemnity. You agree to indemnify and hold
Crushspace, its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
10 Other. This Agreement, accepted upon use of the Web
site and further affirmed by becoming a Member of the Service, contains the
entire agreement between you and Crushspace regarding the use of the Web
site and/or the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.