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ForumNOTICE TO USER: THISIS A CONTRACT. BY REGISTERING FOR THIS SERVICE YOU ACCEPT ALL THE TERMS ANDCONDITIONS OF THIS AGREEMENT.
IMPORTANT-PLEASE READCAREFULLY: This Crewlink Terms of Service Agreement ("Agreement") isa legal agreement between you, either an individual or a corporate ororganizational entity, and Crewlink. This document describes the terms andconditions that cover the use of the Crewlink network ("Network"),the Crewlink.com website (including versions of the website that may exist on otherdomains, and other Crewlink software ("Software").
1. Limited License forSoftware
a. Grant of LimitedLicense
In consideration foryour acceptance of the terms and conditions of this Agreement, Crewlink willgrant to you a personal, non-transferable and non-exclusive right to use andexecute the Software, without right to sublicense or distribute the Software.
b. Ownership ofSoftware
You acknowledge andagree that Crewlink transfers no ownership interest in the Software, in theintellectual property in any Software or in any Software copy, to you underthis Agreement or otherwise, and that Crewlink reserves all rights notexpressly granted to you hereunder.
c. Software UseRestrictions
You agree that you willnot modify, reverse engineer, decompile or disassemble any portion of theSoftware. You may not alter or modify the registration mechanism or theinstaller program or create a new installer for the Software. You may nottransfer the Software and/or assign this Agreement to any third party. You maynot export or re-export any Software or other technology received under thisAgreement except in full compliance with all United States and other applicablelaws and regulations.
2. Representations andWarranties
By completing themembership registration process, you are representing and warranting that:
a. You are over the ageof majority and can form a legally binding contract under applicable law.
b. You have providedtrue, accurate, current and complete information about yourself as prompted inthe registration process.
c. You are not usingthe Software or the Network for any improper or illegal purpose, and that youwill act in good faith in your relationships with Crewlink and other Membersand will abide by the rules set forth by Crewlink or the community.
3. Use of Software andNetwork
a. Your Account
Once you register forthe Software, you will have a password and an account, and become a member ofthe community of users on the Network. You are responsible for maintaining theconfidentiality of your password and account, which may not be shared withothers. Furthermore, you are entirely responsible for any and all activitiesthat occur under your account. You agree to immediately notify Crewlink of anyunauthorized use of your account or any other breach of security known to you.Accounts are for personal use only. You may not use automated means, includingspiders, robots, crawlers, data mining tools, or the like to sign on, use, orreceive information through the Software.
b. Member Content
You understand that allinformation, data, text, photographs, graphics, messages or other materials("Content"), whether publicly posted or privately transmitted, arethe sole responsibility of the person from which such Content originated. Thismeans that you, and not Crewlink, are entirely responsible for all Content thatyou upload, post, email, transmit or otherwise make available through theSoftware, on the Network or on the Web. Crewlink does not control the Contentposted to the Network or to the Web by users of the Software, and, as such,does not guarantee the accuracy, integrity or quality of such Content. Youunderstand that by using the Software, you may be exposed to Content that isoffensive, indecent or objectionable. Under no circumstances will Crewlink beliable in any way for any Content, including, but not limited to, for anyerrors or omissions in any Content, or for any loss or damage of any kindincurred as a result of the use of any Content posted, emailed, transmitted orotherwise made available via the Software, through the Network or to the Web.Crewlink does not claim ownership rights in Content that you make availablethrough the Software. For the sole purpose of enabling Crewlink to provide andmaintain the Network and services we provide, you understand that with respectto Content you make available through the Software, you grant Crewlink aworld-wide, royalty free and non-exclusive license to use, distribute, reproduce,modify, adapt, publicly perform and publicly display such Content. This licenseexists only for as long as you elect to continue to include such Content on theNetwork and will terminate at the time you remove or Crewlink removes suchContent from the Network, though you understand and agree that Crewlink maypreserve Content on backup media even after it is removed from the Network, andalso that information posted to the Web by Crewlink on your behalf may becached by websites outside of Crewlink's control.
c. Copyrights,Trademarks, Patents and Intellectual Property Rights
You acknowledge thatcopyrights, trademarks, service marks, patents or other proprietary rights andlaws may protect Content transmitted on or through the Network. Crewlink respectscopyright law and expects you to do the same. Content identified as belongingto a third party can be transmitted on the Software so long as you obtainpermission first and the ownership and rights are clearly indicated.Unauthorized copying, distribution, modification, public display, or publicperformance of copyrighted works is an infringement of the copyright holders'rights. You may not copy, reproduce, distribute, or create derivative workswithout being authorized to do so by the copyright holder. It is Crewlink'spolicy to terminate the accounts of repeat infringers.
If you believe thatyour work has been copied in a way that constitutes copyright infringement, oryour intellectual property rights have been otherwise violated, please notifyCrewlink's agent for notice of claims of copyright or other intellectualproperty infringement ("Agent"), at abuse@Crewlink.com.
Please provide ourAgent with the following Notice:
Crewlink's Agent willforward this information to the alleged infringer.
d. Community ConductAlthough Crewlink is a private company, we aspire to respect constitutionallyguaranteed rights of expression of people in the countries they reside.However, we reserve the right to terminate an account when the Member'sexpression infringes on other Members' rights. The community may also limit theconduct of Members that the community as a whole finds objectionable. Withoutlimitation, Crewlink reserves the right to terminate your access to and use ofthe Software or Network if, in our view, your conduct fails to meet any of thefollowing guidelines or other guidelines that may be provided on the Crewlinksite from time to time:
1. Members shall notengage in any activity that constitutes harassment.
2. Members shall notattempt to interfere with any other person's use of the Software, includingwithout limitation interfering with another users' privacy, such as byrecording instant messaging or chat communications or collecting emailaddresses.
3. Members shall notmisrepresent their identity or impersonate any person, whether celebrities,political figures, cartoon characters, or otherwise.
4. Members shall nothold themselves out as sponsored by, endorsed by, or affiliated with Crewlink.
5. Members shall notuse the Software for uploading, posting, emailing, transmitting or otherwise makingavailable junk mail, unauthorized commercial advertisements, or any other formof commercial solicitation.
6. Members shall notuse the Software for uploading, posting, emailing, transmitting or otherwisemaking available messages, files, or other material, including profiles, thatinfringes any patent, trademark, trade secret, copyright, right of publicity,or other proprietary rights of any party.
7. Members shall notuse the Software for uploading, posting, emailing, transmitting or otherwisemaking available messages, including profiles, that are harmful, threatening,abusive, vulgar, obscene, defamatory, libelous, hateful, or racially,ethnically or otherwise objectionable.
8. Members shall notuse the Software for uploading, posting, emailing, transmitting or otherwisemaking available messages that are harmful to minors in any way.
9. Members shall notuse the Software for uploading, posting, emailing, transmitting or otherwisemaking available any material that contains software viruses or any othercomputer code, files or programs designed to interrupt, destroy or limit thefunctionality of any computer software or hardware or telecommunicationsequipment.
10. Members shall notattempt to gain unauthorized access to Crewlink's database or other computersystems.
11. Members shall notengage in any activity that disrupts, diminishes the quality of, interfereswith the performance of, or impairs the functionality of, the Network.
12. Members shall notuse the Network for any unlawful purpose.
13. Members may not usethe Network or any information contained within for commercial gain. However,Crewlink reserves the right to allow particular users to use the Network forcommercial purposes pursuant to a separate written agreement. All judgmentsconcerning the applicability of these guidelines shall be at the sole andexclusive discretion of Crewlink.
e. Violations ofAgreement and Community Standards
You may reportviolations of the Crewlink community standards to the Member believed to be in violation.If a suitable remedy is not achieved, please report to conduct@Crewlink.com.Please report violations of the terms of this Agreement, improper account use,and identity theft to violations@Crewlink.com. Our failure to act with respectto a breach by you or others does not waive our right to act with respect tosubsequent or similar breaches.
4.Privacy and Security
Crewlink hasestablished a Privacy Policy, explaining to its Members how their informationis collected and used. You can read the Privacy Policy by visiting:http://www.Crewlink.com/privacy.php. Your use of the Software signifiesacknowledgment of and agreement to Crewlink's Privacy Policy. You furtheracknowledge and agree that Crewlink may disclose your personal information ifrequired to do so by law or in the good faith belief that such preservation ordisclosure is reasonably necessary to comply with legal process, enforce thisAgreement, or to protect the rights, property, or personal safety of Crewlink,its employees, users and third parties, and the public, or as otherwisedescribed in the Privacy Policy.
Members are solelyresponsible for the privacy of their own Content. The Software is designed forMembers to use privacy settings to determine the visibility of data throughoutthe Network and on the Web, and to limit its spread to other systems.
Crewlink uses industrystandard security measures to protect the loss, misuse and alteration of theinformation you provide. Although we make good faith efforts to store thenon-public information provided by members in a secure operating environmentthat is not available to the public and to honor your privacy settings, wecannot guarantee complete security. Further, while we make every effort toensure the integrity and security of our systems, we cannot guarantee that oursecurity measures will prevent third-party "hackers" from illegallyaccessing your private Content or personal information.
5. Disputes
If there is a disputebetween Members or between Members and any third party, you understand andagree that Crewlink is under no obligation to become involved. In the eventthat you have such a dispute, you hereby release Crewlink, its officers,employees, agents and successors in rights from claims, demands and damages(actual and consequential) of every kind or nature, known or unknown, suspectedand unsuspected, disclosed and undisclosed, arising out of or in any wayrelated to such disputes and/or our service.
6. Disclaimer ofWarranty
CREWLINK PROVIDES THESOFTWARE TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS,STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. YOUAGREE THAT USE OF THE SOFTWARE AND THE NETWORK IS ENTIRELY AT YOUR OWN RISK.ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLESTEXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CREWLINKDISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,AND PERFORMANCE OF THE SOFTWARE OR THE NETWORK. TO THE FULLEST EXTENT PERMITTEDBY LAW, CREWLINK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVEDTHROUGH OR ADVERTISED ON THE SOFTWARE OR NETWORK, OR THE CONDUCT, WHETHERONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW,CREWLINK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS INCONNECTION WITH THE NETWORK OR THE SOFTWARE. Some jurisdictions do not allowthe disclaimer of implied warranties. In such jurisdictions, the foregoingdisclaimers may not apply to you insofar as they relate to implied warranties.
7. Limitation ofLiability
UNDER NO CIRCUMSTANCESSHALL CREWLINK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CREWLINK HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THESOFTWARE OR THE NETWORK OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANYOTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SOFTWARE ORTHE NETWORK, FROM INABILITY TO USE THE OF THE SOFTWARE OR THE NETWORK, OR THEINTERRUPTION, SUSPENSION, MODIFICATION,ALTERATION, OR TERMINATION OF THESOFTWARE OR THE NETWORK. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TODAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH ORADVERTISED IN CONNECTION WITH OF THE SOFTWARE OR THE NETWORK, ANY INTERACTIONSBETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOURBREACH OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENTPERMITTED BY LAW. In some jurisdiction, limitations of liability are notpermitted. In such jurisdictions, the foregoing limitation may not apply toyou.
8. Indemnification
You agree to indemnifyand hold Crewlink, its subsidiaries, affiliates, successors, assigns,directors, officers, agents, employees, service providers, and suppliersharmless from any dispute arising from or in any way related to your use of theSoftware or from a breach of terms of this Agreement or your representationsand warranties. You agree to hold Crewlink harmless from any claims andexpenses, including reasonable attorney's fees and court costs, related to yourviolation of this Agreement.
9. Termand Termination
The term of thisAgreement shall commence when you install the Software and shall continuethereafter until terminated by either party. However, if you fail to fulfillany of your material obligations under this Agreement, this Agreement and alllicenses and rights granted to you under this Agreement will terminateimmediately, and you agree that you will promptly render unusable all Softwareoriginally provided to you hereunder and any copies thereof embodied in anymedium. You agree that Crewlink, in its sole discretion, has the right (but notthe obligation) to delete or deactivate your account, block your email or IPaddress, or otherwise terminate your access to or use of the Network (or anypart thereof), immediately and without notice, and remove and discard anyContent within the Network, for any reason, including, without limitation, ifCrewlink believes that you have acted inconsistently with the letter or spiritof this Agreement. Further, you agree that Crewlink shall not be liable to youor any third-party for any termination of your access to the Network. Further,you agree not to attempt to access or use the Network after said termination.Sections 5-11 shall survive termination of this Agreement.
10. Modifications
Crewlink
You acknowledge thatCrewlink reserves the right at any time to modify or discontinue the Softwareor the Network (or any features or parts thereof) with or without notice andthat Crewlink shall not be liable to you or to any third party for any suchmodification, suspension or discontinuance. Should Member object to any termsand conditions of the Agreement or any subsequent modifications to theAgreement, the Software or the Network or become dissatisfied with Crewlink inany way, Member's only recourse is to immediately: (1) discontinue use of theSoftware and the Network; (2) terminate Member's registration; and (3) notifyCrewlink of termination.
11. General
The Terms constitutethe entire agreement between you and Crewlink and govern your use of theSoftware and the Network, superseding any prior agreements between you andCrewlink. The laws of the State of Texas shall govern this Agreement withoutgiving effect to its conflict of laws provisions. Any claim or controversy inany way arising out of or relating to these Terms of Service shall be filed ina court of competent jurisdiction sitting in San Francisco County, California.Both parties consent to exclusive jurisdiction in that county. The failure ofCrewlink to exercise or enforce any right or provision of the Agreement shallnot constitute a waiver of such right or provision.
If any provision of theAgreement is found by a court of competent jurisdiction to be invalid, theparties nevertheless agree that the court should endeavor to give effect to theparties' intentions as reflected in the provision, and the other provisions ofthe Agreement remain in full force and effect. You agree that regardless of anystatute or law to the contrary, any claim or cause of action arising out of orrelated to use of the Software, the Network or the Agreement must be filed withinone (1) year after such claim or cause of action arose or be forever barred.
Crewlink may givenotice to its Members by email, a posting on our website, or other reasonablemeans. You must give notice to Crewlink in writing via email or as otherwise expresslyprovided by Crewlink. Crewlink may broadcast, distribute or display notices ormessages through the Software to inform you of changes to Crewlink, theSoftware, or other matters of importance; such broadcast, distributions ordisplays shall constitute notice to you.
