CREWNERD and CREWNERD VIEWER
3. OWNERSHIP AND PROPRIETARY RIGHTS. As between the Company and User, the Company owns all intellectual property rights in the Services, including the Company’s website, the source and object code of the Services, all graphics, designs, and visual interfaces. The trademarks “CrewNerd”, “CrewNerd Viewer”, and all other trademarks, service marks, and trade names displayed on the Services, are the property of the Company, its affiliates, or their respective third party licensors.
4. PAYMENT TERMS. Your right to access the Services is further conditioned on your agreement to pay any fees due for and incurred by your use of the Services, in such amounts as indicated in the Services for the download of Services applications or the uploading of User Content (as defined below). The Company will administer and apply your payments received via, and subject to the terms of, such third party payment providers as utilized by the Company from time to time.
5. SUPPORT. Company will provide such account and technical support to User on such terms as indicated in the Services for the download of Services applications or the uploading of User Content.
6. USAGE RULES. Your use of the Services is further subject to your agreement that you will not: (a) use the Services or any personal information or location information displayed to harass, abuse, defame, threaten or defraud other Users, or, except as permitted by the Services, collect, attempt to collect, or store location information or personal information about other Users; (b) use the Services for any commercial or non-private use; (c) use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control; (d) impersonate any person or entity, falsely claim an affiliation with any person or entity with regard to the Services; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content, or features that enforce limitations on use of the Services; (e) intentionally interfere with, or damage operation of the Services, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; (f) attempt to gain unauthorized access to the Company’s website or the Services, other accounts, computer systems or networks connected to the Company; or (g) use any robot, spider, scraper or other automated means to access the Services for any purpose.
9. INFRINGING CONTENT. The Company reserves the right to remove any User Content that is alleged to infringe the copyright of a third party or otherwise violates your rights. If you believe that your User Content has been copied and posted on the Services in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Services, please notify us at firstname.lastname@example.org and provide the Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person whose rights have been violated; (b) a description of the copyrighted work that you claim has been infringed or the particular rights violated; (c) if applicable, a description of where the material that you claim is infringing is located on the Services; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law or with regard to the rights violated; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate.
11. LIMITATIONS ON COMPANY’S LIABILITY; DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY. THE SERVICES AND ANY RELATED THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND COMPLIANCE WITH ANY NON-U.S. PRIVACY LAWS. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.
13. THIRD PARTY SITES. The Services may contain links or access to web sites not operated or maintained by the Company, including a Network. Such links or access is provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third party sites. The Company is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. Your use of such sites or a Network is at your own risk, and you waive any and all claims against the Company related to such use.