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Terms of Service

Last Updated: February 13, 2015 PLEASE READ THIS DOCUMENT CAREFULLY Crush Mobile LLC (“Crush Mobile LLC, “we,” or “us”) operates the 2ndCrush mobile app and related website (“2ndCrush”). By using 2ndCrush in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use 2ndCrush.

Contents

  1. Who May Use 2ndCrush
  2. License to Use 2ndCrush
  3. Privacy
  4. Registration
  5. Term and Termination; Account Deletion
  6. Disclaimers; Limitation of Liability
  7. Code of Conduct; Prohibited Activities – post any sexually explicit content;
  8. Content Restrictions
  9. Licenses Granted by You
  10. Your Representations and Warranties
  11. Indemnification
  12. Third Party Copyrights and Other Rights
  13. General Provisions

1. Who May Use 2ndCrush

You must be at least 17 years old to use 2ndCrush. Use is void where prohibited. By using the 2ndCrush website or app, 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 and agree to the terms of our Privacy Policy. If you use 2ndCrush, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. In the event that 2ndCrush has reason to believe you do not have the capacity to agree to these terms, or that you might have a warrant or be a registered sex offender 2ndCrush may terminate your account immediately and without notice to you.

2. License to Use 2ndCrush

2ndCrush grants you a limited, non-exclusive license to access and use 2ndCrush for your own personal, non-commercial purposes. This license may not be assigned or sublicensed to anyone else and is personal to you. Except as expressly permitted by 2ndCrush in writing, you agree you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble 2ndCrush and you further agree not to attempt any of these activities without the written consent of 2ndCrush. Nor will you take any measures to interfere with or damage 2ndCrush. All rights not expressly granted by 2ndCrush are reserved.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement and is hereby incorporated by reference. Please review the Privacy Policy to learn about:

  • What information we may collect about you
  • What we use that information for
  • What third-party information, if any, you are agreeing to share by using the website and mobile app; and
  • With whom we share that information

4. Registration

At this time to use 2ndCrush, you are required to have a Facebook account and use your Facebook login to register for an account with Us. By registering for an account with 2ndCrush you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other 2ndCrush users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other 2ndCrush users in your network or geolocation. Please take precautions to protect your password and contact us at help@2ndcrush.com if you believe your account has been accessed by an unauthorized person.

5. Term and Termination; Account Deletion

Your use of this Website, Application, or Service constitutes your assent to be bound by these Terms and Conditions, which shall be effective immediately upon your use of the site. Your sole right to terminate this Agreement is to cease using the Website, Application, and Service. 2ndCrush may suspend, disable, or delete your account (or any part thereof) if 2ndCrush determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage 2ndCrush’s reputation or goodwill. If 2ndCrush deletes your account for the foregoing reasons, you may not re-register under a different name. Upon termination, all licenses granted by 2ndCrush will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. 2ndCrush shall not be responsible for the loss of such content.

6. Disclaimers; Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER 2ndCrush USERS. YOU UNDERSTAND THAT 2ndCrush CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. 2ndCrush ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. 2ndCrush MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. 2ndCrush RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL 2ndCrush BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE 2ndCrush SERVICE OR PERSONS YOU MEET THROUGH 2ndCrush. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. 2ndCrush reserves the right to modify the 2ndCrush Website, Application, or Service at any time without notice to you. You are responsible for providing your own access to 2ndCrush. 2ndCrush has no obligation to screen or monitor any content and does not guarantee that any content available on 2ndCrush complies with this Agreement or is suitable for all users. 2ndCrush provides the Website, Application, and Service on an “as is” and “as available” basis. You agree that your use of 2ndCrush is at your own risk. 2ndCrush expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, 2ndCrush makes no representations or warranties:

  • That 2ndCrush will be permitted in your jurisdiction;
  • That 2ndCrush will be uninterrupted or error-free;
  • Concerning any content submitted by any user;
  • Concerning any third party’s use of content that you submit;
  • That any content you submit will be made available on 2ndCrush or will be stored by 2ndCrush;
  • That 2ndCrush will continue to support any particular feature of 2ndCrush;
  • Concerning sites and resources outside of 2ndCrush, even if linked to from 2ndCrush.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used 2ndCrush, and no warranties shall apply after such period.

7. Code of Conduct; Prohibited Activities

  • To encourage a robust online community of users, you agree that you will behave in a civil and respectful manner at all times while using the Website, Application, or Service. Further, you will not:
  • Harass or stalk any other person;
  • Harm or exploit, or attempt to harm or exploit minors;
  • Act in a deceptive manner by, among other things, impersonating any person;
  • Collect information about others;
  • You will not express or imply that any statements you make are endorsed by 2ndCrush without our specific prior written consent.
  • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
  • You will not post, email or otherwise transmit any material 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.

2ndCrush has the right, but not the obligation, to monitor all conduct on and content submitted to 2ndCrush.

8. Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to 2ndCrush or to any other user. If information provided to 2ndCrush, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a non-exhaustive list of content that is prohibited and which you may not upload, post, or transmit (collectively, “Submit”): Any patently offensive material to the online community, for example content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; Material which harasses or advocates harassment of another person; Material that promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; Material which exploits or attempts to exploit people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; Any material that contains sexually explicit content; Any content that provides or attempts to provide instructional information about illegal activities such as making or buying illegal weapons or illegal drugs, violating someone’s privacy, or providing or creating computer viruses; All content that involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; Material that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; Material soliciting passwords or personal identifying information for commercial or unlawful purposes from other users; Engaging in any way in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and multi-level marketing and/or pyramid schemes; Any material that infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); Your agree that your use of the Service, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations. You agree that you will not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.

9. Licenses Granted by You

You grant 2ndCrush and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content provided to or created in your use of the Service. You further agree to waive any so-called “moral rights” in your content. You grant all users of 2ndCrush permission to view your content for their personal, non-commercial purposes. You grant to 2ndCrush the right to use your image or likeness in marketing campaigns in any form or format, whether printed, electronic, broadcast, or otherwise, without any prior consent and without any right whatsoever to any remuneration. If you make suggestions to 2ndCrush on improving or adding new features to 2ndCrush, 2ndCrush shall have the right to use your suggestions without any notice to you and without any compensation of any kind to you.

10. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to 2ndCrush and grant the licenses set forth above; (ii) 2ndCrush will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Indemnification

You agree to indemnify, defend, and hold harmless 2ndCrush and its affiliates, directors, officers, shareholders, employees, and agents, from and against all third party actions that: (i) arise from your activities on 2ndCrush; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to 2ndCrush violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third Party Copyrights and Other Rights & Copyright Policy

2ndCrush respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to 2ndCrush do not infringe any third party copyright. 2ndCrush will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe a third party’s copyright. 2ndCrush may, in its sole discretion, terminate the accounts of repeat copyright infringers.

DMCA Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information: Your name, address, telephone number, and email address (if any) A description of the copyrighted work that you claim has been infringed. A description of where the material that you claim is infringing is located on 2ndCrush, sufficient for 2ndCrush to locate the material. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. You may submit this information by email to: help@2ndcrush.com You may submit this information by mail to: 2ndCrush’s Copyright Agent (see below)

DMCA Counter-notification

If you believe that your material has been removed by mistake or misidentification, please provide 2ndCrush with a written counter-notification containing the following information: Your name, address, and telephone number A description of the material that was removed and the location where it previously appeared A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which 2ndCrush may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. Your electronic or physical signature. You may submit this information by email to: help@2ndcrush.com You may submit this information by mail to: 2ndCrush’s Copyright Agent (see below) Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled. Warning: In filing a DMCA notice or counter-notification, please verify that you have complied with all of the above requirements. If we request additional information necessary to complete your DMCA notice or counter-notification, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed. In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY. If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

2ndCrush’s Copyright Agent

You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to 2ndCrush’s Copyright Agent: 2ndCrush Attn: Copyright Agent Email: help@2ndcrush.com

Other Complaints

You may send non-copyright complaints to: 2ndCrush Attn: Copyright Agent Email: help@2ndcrush.com

13. General Provisions

GOVERNING LAW: All conflicts arising from or related to this Agreement or your use of the Services shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. DISPUTES: Any action arising out of or relating to this Agreement or your use of 2ndCrush must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, 2ndCrush and you irrevocably waive any right to a trial by jury. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement, and all remaining terms shall remain in force as though the severed term had never been included in the Agreement. No failure or delay by 2ndCrush in exercising any right hereunder will waive any further exercise of that right. 2ndCrush’s rights and remedies hereunder are cumulative and not exclusive. SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without 2ndCrush’s prior written consent. No third party shall have any rights hereunder. NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from 2ndCrush electronically. 2ndCrush may provide all such communications by email or by posting them on 2ndCrush. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at help@2ndcrush.com or the following address: 2ndCrush Nothing herein shall limit 2ndCrush’s right to object to subpoenas, claims, or other demands.

MODIFICATION; ENTIRE AGREEMENT:

This Agreement may not be modified except by a revised Terms of Service posted by 2ndCrush on the 2ndCrush Website or Application, or by a written amendment signed by an authorized representative of 2ndCrush. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between 2ndCrush and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.