Effective Date: June 21, 2018
Welcome to Crewvie.com, operated on behalf of Crewvie, Inc. (“Company,” “we” or “us”). Crewvie.com helps individuals working in the Entertainment industry research, hire, rate, connect and review a variety of crew and contractor professionals (collectively, “Service Providers”). These are the Terms of Service (“Terms”) which govern your access to and use of all Company operated and controlled services including our websites, mobile sites and applications (“Apps”) and social media accounts, (collectively, the “Crewvie.com Services”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
Your Acceptance Of The Terms
Please be aware that these Terms constitute a binding legal agreement between you and the Company outlining your legal rights, obligations, and remedies arising from your use of the Crewvie.com Services. You agree you are responsible for your use of the Crewvie.com Services and any consequences resulting from your use of the Crewvie.com Services. You may use the Crewvie.com Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Crewvie.com Services.
You may use the Crewvie.com Services only if you can form a binding contract with the Company and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Crewvie.com Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of the Crewvie.com Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Crewvie.com Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
Eligibility To Use The Crewvie.com Services
The Crewvie.com Services are intended for legal use by adults only and are not directed to children under the age of 18. You may not use the Crewvie.com Services in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the Crewvie.com Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Crewvie.com Services; and (3) that your use of the Crewvie.com Services is in compliance with any and all applicable laws and regulations.
Removal of Reviews From The Crewvie.com Services
The Crewvie.com Services are designed to provide a forum for individuals to research, hire, rate, connect and review entertainment industry crew and contractor professionals. To allow for candid reviews, it is the Company’s policy not to remove posted reviews from the Crewvie.com Services. Generally, we will not remove a review, negative or positive, from the Crewvie.com Services, unless (1) the user who posted the review directs us to remove it; or (2) we confirm a review is fraudulent or illegal.
If you wish to remove a review you posted, or if you become aware of fraudulent or illegal reviews, please alert us at legal(AT)crewvie.com and we will investigate and take appropriate action, if warranted.
Your Representations & Warranties to Company
By using the Crewvie.com Services, you represent, warrant, and agree:
- You will only use the Crewvie.com Services for lawful purposes, and you will not use the Crewvie.com Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You will not use the Crewvie.com Services to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the Crewvie.com Services or any network which is used to support or access the Crewvie.com Services;
- You will not try to harm the Crewvie.com Services in any way whatsoever;
- You will not copy, or distribute the Crewvie.com Services or other content without written permission from the Company;
- You will only use the Crewvie.com Services for your own use and will not resell any aspect of the Crewvie.com Services to a third party;
- You will keep secure and confidential your account password or any identification we may provide you which allows access to the Crewvie.com Services; and
- You will provide us with whatever proof of identity we may reasonably request.
You acknowledge that the Company reserves the right to charge subscription fees for any portion of the Crewvie.com Services. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Crewvie.com Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If the Company suspends or terminates your account and/or access to the Crewvie.com Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Accounts & Registration
Registering for a Crewvie.com Account: In order to use or access certain Crewvie.com Services or features of the Crewvie.com Services, you may be asked to register for a user account (a "Crewvie.com Account") and become a registered user of the Crewvie.com Services (a "Registered User"). Once a Registered User has been vetted by the Company, this Registered User becomes a “Registered and Approved User.” By becoming a Registered User and/or a Registered and Approved User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User/Registered and Approved User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Crewvie.com Account you register, and for any actions that arise from or take place using your Crewvie.com Account, whether or not you have authorized such actions or use; and (5) immediately notify the Company of any unauthorized use of your Crewvie.com Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Crewvie.com Account.
Your Crewvie.com Account Information: You may not select or use a Crewvie.com Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and the Company; or (4) that, in the Company’s sole discretion, is offensive, vulgar, or obscene. The Company reserves the right to refuse registration of a Crewvie.com Account, or cancel any account name, in its sole discretion.
The Company’s Termination of Access to the Crewvie.com Services: The Company maintains the right to suspend or disable your access to the Crewvie.com Services and any Crewvie.com Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if the Company otherwise determines such action is warranted. The Company reserves the right to revoke your access to and use of the Crewvie.com Services at any time, with or without cause, whether or not you have established a Crewvie.com Account or are a Registered User/Registered and Approved User.
Your Cancellation of Your Crewvie.com Account or Use of the Crewvie.com Services: You may cancel your Crewvie.com Account or your access to the Crewvie.com Services at any time by contacting the Company using the information below. Upon cancellation of your Crewvie.com Account, the Company may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Crewvie.com Services.
As a condition of your use of the Crewvie.com Services, you agree not to use the Crewvie.com Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by the Company as typical or expected use of the Crewvie.com Services consistent with the purposes for which the Crewvie.com Services were created. You specifically agree you will not do any of the following:
- Use the Crewvie.com Services for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
- Abuse, harass, threaten, impersonate, or intimidate others;
- Take any action that would undermine the review and rating process of the Crewvie.com Services;
- Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that the Company or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by the Company in its sole discretion;
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any User;
- Create or submit unwanted email (“Spam”) to any other person or any URL;
- Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
- With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Crewvie.com Services for any purpose without our express written permission;
- Access, download, monitor, or copy any information contained on the Crewvie.com Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Crewvie.com Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Crewvie.com Services;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Crewvie.com Services or any activities conducted on or through the Crewvie.com Services;
- Bypass any measures we may use to prevent or restrict access to the Crewvie.com Services or any part of the Crewvie.com Services;
- Interfere with the operation of the Crewvie.com Services or any User’s enjoyment of the Crewvie.com Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Crewvie.com Services; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Crewvie.com Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- Share, sell, or otherwise transfer the access granted to you to the Crewvie.com Services, including information regarding your Crewvie.com Services login information, or password, or otherwise permit any other person to access the Crewvie.com Services using your information, login, or password.
- Use the Crewvie.com Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Crewvie.com Services;
- Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
- Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Crewvie.com Services, Content, code or program, available to others, in whole or part;
- Interfere with security features of the Crewvie.com Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Crewvie.com Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
- Perform any fraudulent activity using or in connection with the Crewvie.com Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
- Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
As a condition of submitting reviews and comments to the Crewvie.com Services (“Submission Content”), you agree that:
- you grant to the Company a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Submission Content into other works;
- you grant to the Company all rights necessary to publish or refrain from publishing your name and address in connection with your Submission Content; sublicense through multiple tiers the Submission Content, and acknowledge that this license cannot be terminated by you once your Submission Content is submitted to the Crewvie.com Services;
- you grant to the Company all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Submission Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you are solely responsible for your reviews and ratings;
- you will not submit any reviews that may be considered by the Company to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon your actual first-hand experiences with the Service Providers you are reviewing;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review;
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of the Company, its officers, managers, owners, employees, agents, designees or other users.
Publication and Distribution of Submission Content
The Company does not guarantee the accuracy, integrity, quality or appropriateness of any Submission Content transmitted to or through the Service. You acknowledge that the Company simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Submission Content and for the publication and distribution of any content posted by Service Providers in response to Submission Content (“Service Provider Submission Content”).
You understand that all Submission Content and Service Provider Submission Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Submission Content originated. You understand that the Company does not control, and is not responsible for Submission Content or Service Provider Submission Content made available through the Service, and that by using the Service, You may be exposed to Submission Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Submission Content and Service Provider Submission Content.
Under no circumstances will the Company be liable in any way for any Submission Content or Service Provider Submission Content, including, but not limited to, any Submission Content or Service Provider Submission Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Submission Content or Service Provider Submission Content submitted, accessed, transmitted or otherwise conveyed via the Crewvie.com Services. You waive the right to bring or assert any claim against the Company relating to Submission Content or Service Provider Submission Content, and release Company from any and all liability for or relating to any Submission Content or Service Provider Submission Content.
You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use of the Crewvie.com Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Crewvie.com Services in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any Submission Content or other materials maintained or transmitted by or through the Crewvie.com Services. You agree that Company has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Company does not endorse and is not responsible or liable for any Submission Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider.. You agree that should you use or rely on such Submission Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, the Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.
You agree that the Company is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against the Company relating to any interactions or dealings with any Service Provider, and release the Company from any and all liability for or relating to any interactions or dealings with Service Providers.
You agree that the Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Company Sites and Services.
Content & Licenses
There are various types of content involved in providing and operating the Crewvie.com Services. Throughout the remainder of these Terms, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Crewvie.com Services. “Company Content” means Content that the Company makes available to you through the Crewvie.com Services, including Content owned by the Company or licensed to the Company from a third party (excluding User Content). “User Content” means any Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Crewvie.com Services by a User, whether or not a Registered User/Registered and Approved User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. “Collective Content” collectively refers to all of the Content available through the Crewvie.com Services, including the Company Content and User Content.
All Company Content is owned by the Company or its third party licensing partners. Your use of the Crewvie.com Services does not grant you any rights to the use or control of any of the Company Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Company Content, including by caching, framing or any similar means, without the prior written consent of the Company is strictly prohibited.
The Crewvie.com Services and the Company Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, the Company and its licensors exclusively own all right, title and interest in and to the Crewvie.com Services and the Company Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Crewvie.com Services or the Company Content. The Company or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the Company Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Crewvie.com Services, and copyrighted works associated with the Service is common law and/or registered copyrights, trademarks, and/or trade dress of the Company.
You should assume that everything you read or see on the Crewvie.com Services is copyrighted or otherwise protected and owned by the Company, or a third party who licensed the right to use such content to the Company. Unless otherwise expressly noted, nothing that you read or see on the Crewvie.com Services or other Collective Content, or any of the source code or HTML code that the Company uses to generate the Crewvie.com Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of the Company or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, with the exception of your own User Content that you legally post on the Crewvie.com Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
The Company is not the publisher or speaker of User Content or any other information on the Crewvie.com Services provided by third party content providers, and the Company is not liable for any claims related to such information. Any mention in the Crewvie.com Services of products or Crewvie.com Services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by the Company. The Company assumes no responsibility for those products or Crewvie.com Services.
The Company’s License to You
Subject to your compliance with these Terms, the Company grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sub licensable license to access, view, download, print, and otherwise use the Crewvie.com Services and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Crewvie.com Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Crewvie.com Services or the Collective Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by the Company at any time without notice and with or without cause.
Your License to The Company
Certain features of the Crewvie.com Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Crewvie.com Services. By making available User Content through the Crewvie.com Services, you hereby grant to the Company and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as the Company may designate from time to time, which may include any or all other users of the Crewvie.com Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sub licensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Crewvie.com Services, or for advertising or marketing of the Crewvie.com Services, as well as a license to use your name and likeness in marketing materials and in the Crewvie.com Services to promote your use of the Crewvie.com Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of the Company once you have submitted User content within the Crewvie.com Services.
Your grant of this license to the Company to utilize your User Content and any derivative works of the User Content created by using the Crewvie.com Services does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. The Company does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Crewvie.com Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Crewvie.com Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant the Company the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or the Company’s use of the User Content (or any portion thereof) on, through, or by means of the Crewvie.com Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Crewvie.com Services.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Crewvie.com Services at any time, for any reason.
The Company respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Crewvie.com Services who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the Company will also terminate a User’s account if the User is determined to be a repeat infringer.
Notifying the Company of Copyright Infringement
To provide the Company with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Department” at privacy(AT)crewvie.com that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
- A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
- A detailed description of where the material that you claim is infringing is located or found on the Crewvie.com Services;
- Your address, telephone number, and email address;
- A 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; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.
Providing the Company with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Department” at privacy(AT)crewvie.com that sets forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Third Party Advertising & Marketing
The Company may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Crewvie.com Services, and via other mechanisms to provide such materials to you outside of the Crewvie.com Services such as on third party websites or platforms.
The Company and its licensors and partners own all rights, titles, and interests in and to the Crewvie.com Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Crewvie.com Services, excluding User Content (collectively, the “Company IP”). The Company IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the Company IP, including use of any the Company IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Crewvie.com Services, or any Intellectual Property rights owned by the Company. The Company name, the Company logos and designs, and the product and service names associated with the Crewvie.com Services are trademarks of the Company or its affiliated third parties, and no right or license is granted to you by this Agreement to use the Company IP for purposes not directly related to your use of the Crewvie.com Services.
Linking & Framing
The Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Crewvie.com Services, so long as the links do not portray the Company or its products or Crewvie.com Services in a false or misleading manner. You may not use any of the Company’s logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Crewvie.com Services or any of their content is prohibited without the prior written consent of the Company.
The Crewvie.com Services may contain links to third-party websites or resources, such as our online store, YouTube, Twitter, and Facebook, Vimeo, and Instagram. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that the Company 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 Crewvie.com Services available on or through any such site or resource.
As part of your use of the Crewvie.com Services, you may be asked to elect to receive certain email notifications from the Company and its partners. These messages may include event updates and other promotions. Your election to receive such messages provides your express written consent to receiving emails from the Company related to the Crewvie.com Services. You may opt-out of receiving certain notifications in association with the Crewvie.com Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you.
The Company may change, suspend or discontinue the Crewvie.com Services for any reason, at any time, including the availability of any Crewvie.com Services, features, or Content, without notice to you. The Company may also impose limits on certain Crewvie.com Services, features, or Content, or restrict your access to parts or all of the Crewvie.com Services with or without notice to you.
The Company may also terminate or suspend your use of or access to the Crewvie.com Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Crewvie.com Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Crewvie.com Services.
The Company may also remove or disable access to any Collective Content and suspend or ban your access to the Crewvie.com Services or any Company account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact the Company using the information below. You are solely responsible for your interactions with other Users of the Crewvie.com Services. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Crewvie.com Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to the Company. Continued use of the Crewvie.com Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Crewvie.com Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
The Crewvie.com Services are controlled and operated by the Company from within the United States. The Company makes no representations that materials contained within the Crewvie.com Services are appropriate or available for use in other locations, and access to the Crewvie.com Services from locations where such activity is illegal is prohibited.
You agree you shall indemnify and hold harmless the Company, the Company’s vendors, and third party content providers, and their subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Crewvie.com Services, use of the Crewvie.com Services, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.
You acknowledge that the Company has no control over, and no duty to take any action regarding: (1) which Users gain access to the Crewvie.com Services; (2) what effects the Content or the Crewvie.com Services may have on you; (3) how you may interpret or use the Content or the Crewvie.com Services; or (4) what actions you may take as a result of having been exposed to the Content or the Crewvie.com Services.
You release the Company from all liability for you having acquired or not acquired Content through the Crewvie.com Services. The Crewvie.com Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Crewvie.com Services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Crewvie.com Services. The Company makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. The Company cannot guarantee that you will obtain the results you seek or warrant that Crewvie.com Services will be error-free. The Company makes no representation or warranty of any kind with respect to use of Crewvie.com Services or the use or accuracy of the information on the Crewvie.com Services.
USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY THE COMPANY ARE HEREBY DISCLAIMED. NEITHER THE COMPANY NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF THE COMPANY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.
The Company has no control over and no duty to take any action regarding: other users’ behavior; what effects Submission Content may have on you; how you may interpret or use Submission Content; or what actions you may take as a result of having been exposed to Submission Content. You release the Company from all liability for you having acquired or not acquired Submission Content through the Crewvie.com Services. The Company makes no representations concerning any Submission Content, including the accuracy thereof, contained in or accessed through the Crewvie.com Services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Crewvie.com Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER THE COMPANY, NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $60 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of the Company as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Waiver & Severability
The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Crewvie.com Services will be brought solely in the federal or state courts located in the State of California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Crewvie.com Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Transfer & Assignment
This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of the Company. The Company may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Crewvie.com Services. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
No Independent Contractor or Joint Venture
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Changes To Our Terms
Contact The Company
Attention: Business and Legal Affairs
111 W Grand Avenue
El Segundo, CA 90245
By telephone: +1 (424) 405-6393
By email: privacy(AT)crewvie.com