| This web
site, including any subsite accessible through the
homepage, (the "Site") is published and
maintained by Crumbliss.com. You can e-mail us at
crumblissr@aol.com.
When you access, browse or use this Site you accept,
without limitation or qualification, the terms and
conditions set forth below.
Your
Right to Use the Site and Its Contents
This Site
is only for your personal use. You may not distribute,
exchange, modify, sell or transmit anything you copy
from this Site, including but not limited to any text,
images, audio and video, for any business, commercial or
public purpose. As long as you comply with the terms of
these Terms and Conditions of Use, Crumbliss.com grants you
a non-exclusive, non-transferable, limited right to
enter, display and use this Site. You agree not to
interrupt or attempt to interrupt the operation of this
Site in any way.
Ownership
All
materials on this Site, including but not limited to
audio, images, software, text and video clips (the
"Content"), are protected by copyright under
U.S. copyright law, international conventions, and other
copyright laws. You cannot use the Content, except as
specified herein. You agree to follow all instructions
on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks
and trademarks found on this Site. By making them
available on this Site, Crumbliss.com is not granting you
any license to utilize those proprietary logos, service
marks, or trademarks. Any unauthorized use of the
Content may violate copyright laws, trademark laws, the
laws of privacy and publicity, and civil and criminal
statutes.
You may
download one (1) copy only of the Content to be used
only by you for your personal use at home unless the
subsite you are accessing states that you may not. If
you download any Content from this Site, you may not
remove any copyright or trademark notices or other
notices that go with it.
Responsibility for User's Material
You are
prohibited from posting or transmitting any defamatory,
libelous, obscene, pornographic, profane, threatening or
unlawful material or any material that could constitute
or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise
violate any law. Although Crumbliss.com may from time to
time monitor or review bulletin boards, postings,
transmissions and the like on the Site, Crumbliss.com is
under no obligation to do so and assumes no liability or
responsibility arising from the contents of any such
communications or for any defamation, error, inaccuracy,
libel, obscenity or profanity contained in any such
communication. Crumbliss.com may change, edit, or remove
any user material or conversations that are illegal,
indecent, obscene or offensive, or that violates
Crumbliss.com's policies in any way. Crumbliss.com will fully
cooperate with any law enforcement authorities or court
order requesting or directing Crumbliss.com to disclose the
identity of anyone posting such materials.
Transmitted Material
Internet
transmissions are never completely private or secure.
You understand that any message or information you send
to this Site may be read or intercepted by others unless
there is a special notice that a particular message (for
example, credit card information) is encrypted (send in
code). Sending a message to Crumbliss.com does not cause
Crumbliss.com to have any special responsibility to you.
Links
This Site
contains links to other Internet sites on the World Wide
Web. Crumbliss.com provides such links for your convenience
only, and is not responsible for the content of any site
linked to or from this Site. Links from this Site to any
other site do not mean that Crumbliss.com approves of,
endorses or recommends that site. Crumbliss.com disclaims
all warranties, express or implied, as to the accuracy,
legality, reliability or validity of any content on any
other site.
Contests
This Site
may contain contests that require you to send in
material or information about yourself or offer prizes.
Each contest has its own rules, which you must read and
agree to before you may enter.
Rules for Kids (Under Age 16)
If you
are under 16, you should ask your parents or a guardian
before you:
- E-mail
the Site, or ask us to e-mail anything to you;
- Send
in any information;
- Enter
any contest or game that requires information about
you or offers a prize;
- Join
any club or group;
- Post
any information on any bulletin board; or
- Buy
anything online.
Availability of Products and Services
The
products and services displayed on the Site may not be
available for purchase in your particular country or
locality. The reference to such products and services on
the Site does not imply or warrant that these products
or services will be available at any time in your
particular location.
Crumbliss.com's Right to Change These Terms of Use or
Content on the Site
Crumbliss.com may add to,
change or remove any part of these Terms and Conditions
of Use at any time, without notice. Any changes to these
Terms and Conditions of Use or any terms posted on this
Site apply as soon as they are posted. By continuing to
use this Site after any changes are posted, you are
indicating your acceptance of those changes.
Crumbliss.com may add, change, discontinue, remove or
suspend any other Content posted on this Site, including
features and specifications of products described or
depicted on the Site, temporarily or permanently, at any
time, without notice and without liability.
Indemnification
You agree
to indemnify, defend and hold Crumbliss.com and all of its
agents, directors, employees, information providers,
licensors and licensees, officers and parent,
(collectively, "Indemnified Parties") harmless
from and against any and all liability and costs
(including, without limitation, attorneys' fees and
costs), incurred by the Indemnified Parties in
connection with any claim arising out of any breach by
you of these Terms and Conditions of Use or the
foregoing representations, warranties and covenants. You
will cooperate as fully as reasonably required in
Crumbliss.com's defense of any claim. Crumbliss.com reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event
settle any matter without the written consent of
Crumbliss.com.
Disclaimer of Warranties and Damages; Limitation of
Liability
YOUR USE
OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING
ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED
THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE
CONTENT ON THIS SITE, Crumbliss.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1)
FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT
PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE
SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES
OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE
DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY
WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE
THE SITE.
UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
Crumbliss.com's
NEGLIGENCE, SHALL Crumbliss.com BE LIABLE FOR ANY
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE
INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE
CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF
Crumbliss.com OR AN
AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL Crumbliss.com's
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE),
EXCEED $100.00.
General Provisions
These
Terms and Conditions of Use and any additional terms
posted on this Site together constitute the entire
agreement between Crumbliss.com and you with respect to
your use of this Site. Any cause of action you may have
with respect to your use of this Site must be commenced
within (1) year after the claim or cause of action
arises. If for any reason a court of competent
jurisdiction finds any provision of these Terms and
Conditions of Use, or portion thereof, to be
unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of
this agreement, and the remainder of these Terms and
Conditions of Use shall continue in full force and
effect. These Terms and Conditions of Use shall be
governed by and construed in accordance with the laws of
the State of Florida, United States of America, without
reference to its conflicts of law rules. |
