Krush offers various services and software (the Site, the App, services and software are collectively referred to as the "Services"). By accessing and using the Services, or by downloading, installing or using the App, you indicate that you accept these Terms of Use and that you agree to be bound by them. Your download, installation or use of the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICES. Krush reserves the right to limit or terminate your access to the Services if you do not comply with these Terms of Use.

Age restrictions

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.

Content You Post to the Services

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:

• is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
• is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
• is illegal;
• is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
• infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
• you do not have a right to make available under law or contractual or fiduciary relationships;
• includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
• bears any false, disguised or misleading origin;
• contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

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.

Prohibited Activities

You may not use the Services to do any of the following:

• harass or advocate harassment of another person or entity;
• Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
• provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
• impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
• transmit unsolicited mass mailings, "spim" or "spam;"
• collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users;
• transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following to the Services:

• use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Krush server, or the network(s) connected to any Krush server, or interfere with any other party's use and enjoyment of the Services;
• disobey any applicable policies or regulations of networks connected to the Services;
• modify, adapt, translate or reverse engineer the Services
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
• frame the Services or reformat them in any way; or
• create user accounts using any automated means or under false pretenses.

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.

No information or content of any kind that you submit to Krush, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information. Notwithstanding the foregoing, Krush will only disclose communications or content posted in accordance with the Krush Privacy Policy.

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.

Krush respects your desire for privacy. Krush's Privacy Policy can be found below. By using the Services, you are consenting to the terms of our Privacy Policy.

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.

You agree to indemnify, defend, and hold Krush and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Services. Any such indemnification shall include the payment of reasonable attorneys fees incurred in the defense of such claim.

Krush reserves the right to terminate your privilege to use the Services at any time for any reason. In addition, Krush shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use; (ii) terminate a Krush Room or any other portion of the Services, and/or remove a user or users from a Krush Room or otherwise terminate any use of the Services if Krush determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Use; and (iii) inform law enforcement of any illegal activity or material Krush suspects or discovers on, through, or otherwise relating to the Services and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use or to the Services. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.

You consent to receiving any notices regarding the Terms of Service or the Privacy Policy or any notice required by law, including notice of a any breach of security involving your personally identifiable information, through email. Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your profile.

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.

• By entering any Krush, Inc. Contest ("Contest"), entrants conclusively are deemed to have agreed to be bound by these terms and conditions as well as by any additional rules specific to such Contest ("Terms and Conditions"). This is an irrevocable condition of entry. Winning a prize is contingent upon compliance with these Terms & Conditions.
• These Terms & Conditions and all similar rules governing the Contest may be subject to modification or annulment at any time at the sole and absolute discretion of Krush, Inc. ("Sponsor"). Sponsor also reserves the right in its sole and absolute discretion to terminate any contest at any time without prior notice.
• All entrants and winners must be residents of the United States.
• Entries received after the deadline set forth in the Contest announcement are ineligible, null, and void.
• Entries received within thirty (30) days of a previous Contest win are ineligible, null, and void.
• Only one entry per person will be considered for contest entry unless the contest announcement specifically says that multiple entries are allowed.
• Sponsor reserves the right to refuse the award of prizes upon Sponsor's suspicion that entrant has contravened these Terms & Conditions or engaged in any other form of cheating. Sponsor additionally reserves the right to terminate entrant's membership based on such suspicion.