KRUSH MOBILE is owned and operated by KRUSH, Inc. ("Krush"), with offices at 129 Newbury Street, 4th Floor, Boston, MA 02116 ("KRUSH").
To download, install, access or use the App, you must be 13 years of age or over. If you are under 13 and you wish to use download, install, access or use the App, you must get consent from your parent or guardian before doing so.
You may post comments and content with other users through the Services (including, but not limited to the Site and the App). By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.
Krush reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.
You may not use the Services to do any of the following:
You may not do any of the following to the Services:
You understand that Krush and the Services act only as a forum and technical interface between users and that Krush does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to Krush. Krush cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.
You consent to the collection and processing of personal information in the United States regardless of where you are located. All users understand the potential cross-border nature of communications made using the Services and acknowledge that using the Services may result in interstate and international transmission of data.
By sending messages or posting information or content to the Services you automatically grant, and you represent and warrant that you have the right to grant, to Krush an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
Any material, information or other communication you transmit or post to krush.com or through the App will be considered non-confidential and non-proprietary ("Communications"). Krush will have no obligations with respect to the Communications. You agree that from time to time Krush may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to your Communications and profile.
Krush and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Krush shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.
COPYRIGHT NOTICE: Copyright © 2010 Krush, Inc. All Rights Reserved. "Krush" is a registered trademark of Krush, Inc.
In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Krush to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.
The Services may contain links to third-party sites that are not under the control of Krush, and Krush is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Krush endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Krush is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.
In addition, links to advertising that has not been approved by Krush may be embedded in third party content displayed on the Services. Krush is not responsible for any content, cookies, or other technology used in connection with such advertising.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND KRUSH HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, KRUSH DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Krush's warranties shall be limited in those jurisdictions to the extent permitted by law.
IN NO EVENT SHALL KRUSH BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Krush's liability shall be limited in those jurisdictions to the extent permitted by law.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Krush assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.
Krush may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.
Krush shall not be liable for any failure or unavailability of the Site, the App, or the Materials or failure by Krush to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Krush's control.
Any dispute between Krush and you arising out of this Agreement shall be resolved first by direct communication with one or more of Krush's management team members. Should Krush and you be unable to resolve the dispute by communication and both you and Krush jointly agree to do so, Krush or you may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Krush's headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
If you have any comments or questions you may address them to the customer service department at Krush at http://www.Krush.com/about/contact/, via mail addressed to Customer Service, Krush, Inc., 129 Newbury Street, Boston MA 02116.
When you interact with us through the Site and/or the App, we may collect Personal Data and other information from you, as further described below:
Non-Identifiable Data: When you interact with Krush through the Site and/or the App, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Krush may store such information itself or such information may be included in databases owned and maintained by Krush affiliates, agents or service providers. The Site and/or the App may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and the total number of downloads of the App. It is important to note that no Personal Data is available or used in this process.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, Krush often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Krush may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Krush may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Krush is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Related Third Parties: Krush, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another Krush to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements: Krush may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Krush, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
Krush takes reasonable steps to protect the Personal Data provided through the Site and/or the App from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Site or through the App may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Krush via the Internet.
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Site and the App.
You may contact us as follows: email@example.com
Applicable California privacy legislation permits visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request to access such information, please contact us as follows: firstname.lastname@example.org. Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.