Terms of Use

CRUSTALLI


TERMS OF USE


Last updated: 7 March, 2012


This Terms of Use govern your use of our website (the “Crustalli Website”). By visiting the Crustalli Website you agree to the following:


1.  ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE. By using or visiting the Crustalli Website you acknowledge that you understand, agree, accept, and are able to accept, this Terms of Use. If you do not accept or understand this Terms of Use, you should not use or visit the Crustalli Website. Certain portions of the Crustalli Website, as well as promotions, contests or sweepstakes may have separate registration procedures, terms and conditions, services agreements and/or similar legal agreements which are also subject to subsequent change, modification or revocation under their respective terms. Unless explicitly stated otherwise, all new or modified versions of the Crustalli Website will also be subject to this Terms of Use.


2. THIRD-PARTY PRODUCTS AND SERVICES. We may offer third-party products and/or services through the Crustalli Website. You assume all risks and liabilities associated with the use of any such third-party products or services. Additionally, your rights regarding such products or services may be governed by separate terms of use provided by applicable third-party providers.


3. PRIVACY. Please review our Privacy Policy http://crustalli.com/more/privacy-policy, which is incorporated into this Terms of Use by this reference.


4. ELECTRONIC COMMUNICATIONS. By visiting the Crustalli Website and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review our Privacy Policy http://crustalli.com/more/privacy-policy and opt-out procedures.


5. CRUSTALLI WEBSITE. We grant you a limited license to access and use the Crustalli Website. This license does not include a right for you to: (a) download (other than page caching) or modify any part of the Crustalli Website without our express written consent; (b) use the Crustalli Website for any resale or commercial use; (c) make any derivative use of the Crustalli Website or any use of data mining, robots, or similar data gathering and extraction tools. The Crustalli Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited, in whole or in part, for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner. You may not use any meta-tags or any other "hidden text" utilizing “Crustalli,” our parent company, affiliates, partners or artists without express written permission. We also grant you a limited, revocable and nonexclusive right to create a hyperlink to the Crustalli Website so long as the link does not portray us in a false, misleading, derogatory, or otherwise offensive matter.


6. Third-party Links. We may provide hyperlinks to other websites over which we have no control. We are not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.


7. RESTRICTIONS. In visiting the Crustalli Website, you agree to not engage in conduct that may be considered illegal or tortious including, without limitation, “hacking” the Crustalli Website, infringing the intellectual property or other proprietary rights of third-parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the Crustalli Website or related documentation and creating derivative works based upon the same.


8. TRADEMARKS. CRUSTALLI™, the CRUSTALLI™ logo, Kick the Buddy™, Kick the Buddy™: Second Kick™, Kick the Buddy™: Second Kick™ Free™ Kick the Buddy Episodes™, Kick the Buddy Free™, Parking Lot by Crustalli™ and all other related trademarks (including, without limitation, graphics, logos, page headers, button icons, scripts and service names) displayed on or within the Crustalli Website are trademarks of Crustalli or our respective licensors and any use thereof must be approved by Crustalli Ltd. (“Marks”). The Marks may not be used in connection with any product or service without express written permission and all goodwill associated with the use of such Marks will inure to the benefit of their respective owners.


9. COPYRIGHTS. All content residing on the Crustalli Website is the property of Crustalli Ltd. No underlying right, title or interest in or to any content will pass to you by virtue of accessing the Crustalli Website.


10. FEEDBACK. We do not accept unsolicited feedback, suggestions or other information about the Crustalli Website or other aspects of our business. If you provide us with feedback or other ideas, we will be free to use any feedback provided by you for any purpose (without compensation to you) including, without limitation, improving its products and services and creating derivative products.


11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

(a)  WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE CRUSTALLI WEBSITE FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.


(b)  THE CRUSTALLI WEBSITE IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE CRUSTALLI WEBSITE IS AT YOUR SOLE RISK.


(c)  WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE CRUSTALLI WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


12. GENERAL. This Terms of Use and the Privacy Policy http://crustalli.com/more/privacy-policy constitute the complete and final agreement between us with respect to your use of the Crustalli Website. You agree that your breach of this Terms of Use will cause us immediate and irreparable harm and we will be entitled to seek injunctive relief without the necessity of posting bond. We are independent parties and nothing in this Terms of Use will create an employment or agent relationship. If any provision of this Terms of Use is held unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The failure of either party to enforce any right or provision in this Terms of Use will not constitute a waiver of such right or provision.


13. SITE POLICIES, MODIFICATION, AND SEVERABILITY. We may make changes to the Crustalli Website and our policies including, without limitation, this Terms of Use from time to time. All such changes will become effective immediately upon posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Crustalli Website or our policies including, without limitation, this Terms of Use. We may transfer or assign this Terms of Use (its terms, conditions and obligations) and the Crustalli Website, in whole or in part, to any third-party of our choosing. This Terms of Use will inure to the benefit of and be binding upon your respective successors and permitted assigns.


CONTACT US. If you have questions regarding this Terms of Use, please contact us at:


Crustalli


Attn: Terms of Use


E-mail: support@crustalli.com