CratenFire Terms of Use Agreement
Effective October 26, 2008
CratenFire, LLC (“CratenFire” or
“we”) operates CratenFire, which is a social networking service
that allows Members to establish global networks and fan bases by showcasing
their hobbies and talents and networking with those who have similar
interests through the creation of unique personal online profiles. The
services offered by CratenFire include any CratenFire-branded URL (the
"CratenFire Website"), the CratenFire instant messaging service,
the CratenFire application developer service and other features (for
example, music and video embedded players), CratenFire mobile services,
and any other features, content, or applications offered from time to
time by CratenFire in connection with CratenFire’s business (collectively,
the "CratenFire Services"). The CratenFire Services
are hosted in the United States.
This Terms of Use Agreement ("Agreement")
sets forth the legally binding terms for your use of the CratenFire
Services. By using the CratenFire Services, you agree to be bound
by this Agreement, whether you are a "Visitor"
(which means that you simply browse the CratenFire Website, including
through a mobile device, or otherwise use the CratenFire Services without
being registered) or you are a "Member" (which
means that you have registered with CratenFire). The term "User"
refers to a Visitor or a Member. You are only authorized to use the
CratenFire Services (regardless of whether your access or use is intended)
if you agree to abide by all applicable laws and the terms of this Agreement.
Please read this Agreement and save it. If you do not agree to
be bound by this Agreement and to follow all applicable laws, you should
leave the CratenFire Website and discontinue use of the CratenFire Services
immediately. If you wish to become a Member, communicate with
other Members and/or make use of the CratenFire Services, you must read
this Agreement and indicate your acceptance during the registration
process.
This Agreement includes CratenFire’s
policy for acceptable use of the CratenFire Services and Content (as
defined in Section 6.1 below) posted on or through the CratenFire Services
and your rights, obligations and restrictions regarding your use of
the CratenFire Services and Content posted on or through the CratenFire
Services. In order to participate in certain CratenFire Services,
you may be notified that you are required to download software or content
and/or agree to additional terms and conditions from CratenFire.
Unless otherwise provided by the additional terms and conditions applicable
to the CratenFire Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement.
You may receive a copy of this Agreement by emailing us at: privacy@CratenFire.com, Subject: Terms of Use Agreement.
CratenFire may modify this Agreement
from time to time and such modification shall be effective upon posting
by CratenFire on the CratenFire Website. Your continued use of
the CratenFire Services after CratenFire posts a revised Agreement signifies
your acceptance of the revised Agreement. It is therefore important
that you review this Agreement regularly to ensure you are updated as
to any changes.
Please choose carefully the information
you post on or through the CratenFire Services and that you provide
to other Users. Your CratenFire profile may not include any form
of Prohibited Content, as outlined in Section 8 below. Despite
this prohibition, information, materials, products or services provided
by other CratenFire Members (for instance, in their profile) may, in
whole or in part, be unauthorized, impermissible or otherwise violate
this Agreement, and CratenFire assumes no responsibility or liability
for this material. If you become aware of misuse of the CratenFire
Services by any person, please click on the "Contact CratenFire”
or the “Report Abuse” link at the bottom of the CratenFire Website
pages.
CratenFire reserves the right, in its
sole discretion, to reject, refuse to post or remove any posting (including
private messages) by you, or to deny, restrict, suspend, or terminate
your access to all or any part of the CratenFire Services at any time,
for any or no reason, with or without prior notice or explanation, and
without liability. CratenFire expressly reserves the right to
remove your profile and/or deny, restrict, suspend, or terminate your
access to all or any part of the CratenFire Services if CratenFire determines,
in its sole discretion, that you have violated this Agreement or pose
a threat to CratenFire and/or its Users.
1. Eligibility. Use of the CratenFire Services and registration to be a Member for the CratenFire Services (“Membership”) is void where prohibited. By using the CratenFire Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the CratenFire Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the CratenFire Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. CratenFire may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that CratenFire reserves the right to charge for any portion of the CratenFire Services and to change its fees (if any) from time to time in its discretion. If CratenFire terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify CratenFire immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The CratenFire Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by CratenFire. CratenFire reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the CratenFire Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the CratenFire Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. CratenFire reserves the right to take appropriate legal action for any illegal or unauthorized use of the CratenFire Services.
6. Proprietary Rights in Content on CratenFire.
6.1 CratenFire does not claim any ownership rights
in the text, files, images, photos, video, sounds, musical works, works
of authorship, applications, or any other materials (collectively, "Content")
that you post on or through the CratenFire Services. After posting
your Content to the CratenFire Services, you continue to retain any
such rights that you may have in your Content, subject to the limited
license herein. By displaying or publishing ("posting")
any Content on or through the CratenFire Services, you hereby grant
to CratenFire a limited license to use, modify, delete from, add to,
publicly perform, publicly display, reproduce, and distribute such Content
solely on or through the CratenFire Services, including without limitation
distributing part or all of the CratenFire Website in any media formats
and through any media channels, except Content marked “private”
will not be distributed outside the CratenFire Website. This limited
license does not grant CratenFire the right to sell or otherwise distribute
your Content outside of the CratenFire Services. After you remove
your Content from the CratenFire Website we will cease distribution
as soon as practicable, and at such time when distribution ceases, the
license will terminate. If after we have distributed your Content
outside the CratenFire Website you change the Content’s privacy setting
to “private,” we will cease distribution of such “private” Content
outside the CratenFire Website as soon as practicable after you make
the change.
6.2 The license you grant to CratenFire is non-exclusive
(meaning you are free to license your Content to anyone else in addition
to CratenFire), fully-paid and royalty-free (meaning that CratenFire
is not required to pay you for the use on the CratenFire Services of
the Content that you post), sublicensable (so that CratenFire is able
to use its affiliates, subcontractors and other partners such as Internet
content delivery networks and wireless carriers to provide the CratenFire
Services), and worldwide (because the Internet and the CratenFire Services
are global in reach).
6.3 You represent and warrant that: (i) you own
the Content posted by you on or through the CratenFire Services or otherwise
have the right to grant the license set forth in this Section 6, and
(ii) the posting of your Content on or through the CratenFire Services
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. You agree
to pay for all royalties, fees, and any other monies owing any person
or entity by reason of any Content posted by you on or through the CratenFire
Services.
6.4 The CratenFire Services contain Content of
CratenFire ("CratenFire Content"). CratenFire Content
is protected by copyright, trademark, patent, trade secret and other
laws, and CratenFire owns and retains all rights in the CratenFire Content
and the CratenFire Services. CratenFire hereby grants you a limited,
revocable, nonsublicensable license to reproduce and display the CratenFire
Content (excluding any software code) solely for your personal use in
connection with viewing the CratenFire Website and using the CratenFire
Services.
6.5 The CratenFire Services contain Content of
Users and other CratenFire licensors. Except as provided within
this Agreement, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content appearing
on or through the CratenFire Services.
6.6 CratenFire performs technical functions necessary
to offer the CratenFire Services, including but not limited to transcoding
and/or reformatting Content to allow its use throughout the CratenFire
Services.
7. Content Posted.
7.1 CratenFire may reject, refuse to post or delete
any Content for any or no reason, including Content that in the sole
judgment of CratenFire violates this Agreement or which may be offensive,
illegal or violate the rights of any person or entity, or harm or threaten
the safety of any person or entity. CratenFire assumes no responsibility
for monitoring the CratenFire Services for inappropriate Content or
conduct. If at any time CratenFire chooses, in its sole discretion,
to monitor the CratenFire Services, CratenFire nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the CratenFire Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following
are examples of the kind of Content that is illegal or prohibited to
post on or through the CratenFire Services. CratenFire reserves
the right to investigate and take appropriate legal action against anyone
who, in CratenFire’s sole discretion, violates this provision, including
without limitation, removing the offending Content from the CratenFire
Services and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to, Content that, in the sole discretion
of CratenFire:
8.1 is patently offensive and promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another
person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive
subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under
18;
8.6 publicly posts information that poses or creates
a privacy or security risk to any person;
8.7 constitutes or promotes information that you
know is false or misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or 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
manufacturer-installed copy-protect devices, or providing pirated music
or links to pirated music files;
8.9 involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
8.10 contains restricted or password only access
pages or hidden pages or images (those not linked to or from another
accessible page);
8.11 furthers or promotes any criminal activity
or enterprise or provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying
information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales
without prior written consent from CratenFire such as contests, sweepstakes,
barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person
that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other profiles,
uses sexually suggestive imagery or any other unfair, misleading or
deceptive Content intended to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights,
copyrights, trademark rights, contract rights or any other rights of
any person.
The following are examples of the
kind of activity that is illegal or prohibited on the CratenFire Website
and through your use of the CratenFire Services. CratenFire reserves
the right to investigate and take appropriate legal action against anyone
who, in CratenFire’s sole discretion, violates this provision, including
without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child
pornography, fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or other
harmful files, copyright infringement, patent infringement, or theft
of trade secrets;
8.18 advertising to, or solicitation of, any Member
to buy or sell any products or services through the unauthorized or
impermissible use of the CratenFire Services. You may not transmit
any chain letters or junk email to other Members. In order to
protect our Members from such advertising or solicitation, CratenFire
reserves the right to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number which CratenFire
deems appropriate in its sole discretion. If you breach this Agreement
and send unsolicited bulk email, instant messages or other unauthorized
commercial communications of any kind through the CratenFire Services,
you acknowledge that you will have caused substantial harm to CratenFire,
but that the amount of such harm would be extremely difficult to ascertain.
As a reasonable estimation of such harm, you agree to pay CratenFire
$50 for each such unsolicited email or other unauthorized commercial
communication you send through the CratenFire Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the CratenFire Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements
on your personal profile page, or any CratenFire page via HTML/CSS or
any other means;
8.22 any automated use of the system, such as, but
not limited to, using
scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an
undue burden on the CratenFire Services or the networks or services
connected to the CratenFire Services;
8.24 impersonating or attempting to impersonate
another Member, person or entity;
8.25 for band, comedy, filmmaker and other profiles
containing a CratenFire player, copying the code for your CratenFire
Player and embedding it (or
directing others to embed it) anywhere other than your band profile
on CratenFire;
8.26 using the account, username, or password of
another Member at any time or disclosing your password to any third
party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the CratenFire
Services in order to harass, abuse, or harm another person or entity, or attempting to do the
same;
8.29 displaying an unauthorized commercial advertisement
on your profile, or accepting payment or anything of value from a third
person in exchange for your performing any commercial activity through
the unauthorized or impermissible use of the CratenFire Services on
behalf of that person, such as placing commercial content on your profile,
posting blogs or bulletins with a commercial purpose, selecting a profile
with a commercial purpose as one of your "Top 8" friends,
or sending private messages with a commercial purpose; or
8.30 using the CratenFire Services in a manner inconsistent
with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual
Property. CratenFire respects the intellectual property of others,
and requires that our users do the same. You may not upload, embed,
post, email, transmit or otherwise make available any material that
infringes any copyright, patent, trademark, trade secret or other proprietary
rights of any person or entity. CratenFire has the right to terminate
the Membership of infringers.
If you believe your work has been copied and posted on or through the CratenFire Services in a way that constitutes copyright infringement, please send CratenFire a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the CratenFire Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. You can contact CratenFire for notification of claimed infringement either by email at: copyright@CratenFire.com or mail at:
CratenFire, LLC
ATTN: Copyright Infringement Dept
P.O. Box 8061
Washington, DC 20032
10. Member Disputes. You are solely responsible for your interactions with other CratenFire Members. CratenFire reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Cratenfire Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. CratenFire is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the CratenFire Services, whether caused by Users of the CratenFire Services or by any of the equipment or programming associated with or utilized in the CratenFire Services and such User Content does not necessarily reflect the opinions or policies of CratenFire. Profiles and third party applications created and posted by Members on the CratenFire Website may contain links to other websites. CratenFire is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by CratenFire. Inclusion of any linked website on the CratenFire Services does not imply approval or endorsement of the linked website by CratenFire. When you access these third party sites, you do so at your own risk. CratenFire takes no responsibility for third party advertisements or third party applications that are posted on or through the CratenFire Services, nor does it take any responsibility for the goods or services provided by its advertisers. CratenFire is not responsible for the conduct, whether online or offline, of any User of the CratenFire Services. CratenFire assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. CratenFire is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CratenFire Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the CratenFire Services. Under no circumstances shall CratenFire be responsible for any loss or damage, including personal injury or death, resulting from use of the CratenFire Services, attendance at a CratenFire event, from any User Content posted on or through the CratenFire Services, or from the conduct of any Users of the CratenFire Services, whether online or offline. The CratenFire Services are provided "AS-IS" and as available and CratenFire expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CratenFire cannot guarantee and does not promise any specific results from use of the CratenFire Services.
13. Limitation on Liability. IN NO EVENT SHALL CRATENFIRE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CRATENFIRE SERVICES, EVEN IF CRATENFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CRAETNFIRE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CRATENFIRE FOR THE CRATENFIRE SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the CratenFire Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the CratenFire Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement
shall be governed by, and construed in accordance with, the laws of
the State of Maryland, without regard to its conflict of law provisions.
You and CratenFire agree to submit to the exclusive jurisdiction of
the courts located within the State of Maryland to resolve any dispute
arising out of the Agreement or the CratenFire Services. EACH
OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES
ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
(INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS,
OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE
OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT
SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE
THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES
ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER
PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold CratenFire, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CratenFire Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the CratenFire Services causes CratenFire to be liable to another.
17. Other. This Agreement is accepted upon your use of the CratenFire Website or any of the CratenFire Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and CratenFire regarding the use of the CratenFire Services. The failure of CratenFire to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. CratenFire is a trademark of CratenFire, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: admin@CratenFire with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.