Terms of Use
(Last Updated: July 13, 2012)
These terms of use (the “Terms of Use”) constitute an agreement between you and Catch a Crash, LLC (“CAC”), and govern your use of the website www.catchacrash.com (the “Website”) and your submission (a “Submission”) of any material, including without limitation, your comments, name, text, photographs, videos, and any other content or information, (the “Content”) for use on the Website as set forth below.
By using the Website, or making a Submission of any Content to the Website, you are agreeing to be bound by the following terms of use. CAC reserves the right to modify these Terms of Use at any time. You are responsible for regularly reviewing these Terms of use and any additional terms of use posted to these Terms of Use. Your continued use of the Website constitutes your agreement to all such additional Terms of Use. You understand that you must be eighteen (18) years of age or older in order to submit Content.
Grant of Rights
1. By making a Submission of Content, you hereby grant to CAC, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to use the Submission or any part thereof, as well as any other information you provide to CAC, anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of commerce, merchandising, entertainment, advertising, promotion or trade in promoting and publicizing the Website, CAC, and its products and services.
2. CAC shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that CAC deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Submission.
Right to Remove
1. CAC shall have no obligation (express or implied) to post or otherwise use your Submission and CAC may at any time remove your Submission at any time and for any reason without prior notice.
2. In addition, CAC shall have the right to prevent any person from using this Website at CAC’s sole discretion.
Representations and Warranties
You represent and warrant to CAC as follows:
- You are eighteen (18) years of age or older;
- You have fully complied with all rules, Terms of Use contained in these Terms of Use;
- The statements you make or stories you tell in the Submission as well as any other information you provide to CAC are true and correct;
- You are the owner of all rights in the Submission, the Submission is completely original and was created solely by you, and the Submission does not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials (including, for example and without limitation, any photography, artwork, text, copy, trademarks or logos owned by anyone other than you) in your Submission, you have secured all rights in the third-party materials necessary to allow you to grant to CAC the rights in the third-party materials as detailed in the paragraph above, captioned “Grant of Rights”;
- You have the right to grant the rights granted herein, and neither the Submission, nor the use of the Submission by CAC will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws;
- In addition, the Submission does not contain any content:
a - That is defamatory, libelous, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable;
b - That promotes hatred or physical harm of any kind against any group or individual;
c - That is derogatory to members of a particular race, nationality, sex, sexual orientation or religion;
d- That promotes illegal activity; or
e- That contains any advertising or other commercial content.
User Generated Content
1. You understand and agree that when using the Website, you may be exposed to content posted or submitted by users (collectively, “User Generated Content”), and that CAC is not in any manner responsible for the User Generated Content, and that CAC does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Generated Content, and that CAC cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.
2. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, CAC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
3. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of CAC or its affiliated or related entities or content providers.
Indemnification
You hereby agree to defend, indemnify and hold CAC, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by CAC and any breach or alleged breach of any of your warranties, representations or agreements hereunder.
Copyright Infringment
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant with the following information in writing to our designated Copyright Agent Maraqa Legal, P.O. Box: 183336, Amman, Jordan 11118 email: cr@catchacrash.com, fax: +(962-6) 5510403:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only Copyright infringment notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to catchacrash customer service through our email support@catchacrash.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your copy right infringment notice may not be valid.
Children's Privacy
The site is intended for adults and only. We do not intentionally or knowingly collect, personally-identifiable information from people under the age of eighteen (18) and we request that individuals under the age of eighteen (18) not view this Website or submit any personal information or Submissions on the Website.
linked sites
The CAC may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that CAC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. CAC reserve the right, however, to terminate of any such link to the Website, at our sole discretion at any time.
Your Accounts
In order to access some features of the Service, you will have to create a CAC account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CAC immediately of any breach of security or unauthorized use of your account. Although CAC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CAC or others due to such unauthorized use.
Account Termination
CAC will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
CAC reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. CAC may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Use.
Security
1. Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
2. It is your responsibility to notify us at support@catchacrash.com if you ever suspect that your personal information has been compromised. You are solely responsible for any unauthorized use of the site conducted via your personal information.
3. In operating this site,CAC does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or CAC mail and e-mail addresses, or in any other way.
4. Any information or material submitted or sent to CAC, shall be deemed not to be confidential or secret.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. CAC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. CAC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CAC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CAC without restriction.
General
1. These Terms of Use constitute the entire agreement between you and CAC. These Terms of Use and the relationship between you and CAC shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
2. CAC’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
3. If any provision of these Terms of Use 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 Terms of Use remain in full force and effect.