Last Updated: October 18, 2010
Krush respects the privacy of its users. This document explains how Krush will use the information that you provide to us when using the site (www.krush.com), specifically:
- What personally identifiable information is collected from you.
- How the information is used.
- How the information you provide may be shared.
- How Krush protects your information.
- How you can seek to correct any inaccuracies in your information.
- What Krush’s contact address is for privacy questions.
1. WHAT PERSONALLY IDENTIFIABLE INFORMATION OF YOURS IS COLLECTED
a. Information Collection and Use
b. Registration, Personal Profile and Other Data Collection
To register to participate on Krush, you are required to provide your contact information (such as name, date of birth, facebook ID, e-mail address, phone number). A facebook ID, email address, phone number or other communications channel may be used to contact you about events and information on the site. Once a registered user on Krush, you may provide additional information in your personal profile describing yourself, your preferences, and more. Some of your personal profile may be viewed by other registered participants of Krush and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time.
d. Third Party Email Addresses
For the purposes of inviting and introducing others to Krush (“third parties”), You will be given the option to import or otherwise provide email or Facebook addresses of third parties to Krush. In so doing, Krush will not store or disseminate your username or affiliated password nor solicit or spam any third party email addresses so provided.
e. Personal Information for Social Features.
From time to time, Krush introduces features that allow friends to share more information about themselves with other friends, including information about what they are doing on Krush. Krush may store the personally identifiable information that you provide us in order to provide these services, including your friends list. Whenever a social feature involves the disclosure of personally identifiable information about you to other people, Krush will either provide you with an opportunity to opt out of the disclosure or will seek your consent prior to making the disclosure.
2. HOW THE INFORMATION IS USED
b. IP Addresses
Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s Internet Protocol or “IP” address. When you request a page from any page within the Site, our Web servers automatically recognize your domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed the Site.
c. Sale of Assets, Merger, Acquisition, Bankruptcy
Information collected from You may be transferred to a third party as a result of a sale or acquisition, merger or other change of control involving Krush.
d. Opt Out Procedures
Upon initial communication from Krush, you may opt-out of receiving further communications from Krush. To be completely removed from the Krush mailing list, you may contact help@Krush.com. If you are using an e-mail forwarding service or other similar service please make sure to include the correct e-mail address or addresses.
3. HOW INFORMATION MAY BE SHARED
a. Sharing with Partners
Krush may share aggregated demographic information with Krush’s partners. This is not linked to any personal information that can identify any individual person. Krush shall not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond Krush’s control.
b. Services You Sign Up For
Krush may partner with another party to provide specific services. Only when You sign up for these services will Krush will share your name or other contact information that is necessary for the third party to provide these services. Per Krush’s contractual arrangements with parties, these parties are not allowed to use personally identifiable information except for the explicit purpose of providing these services.
c. No Spam
Krush maintains a strict “No-Spam” policy, which means that Krush does not intend to sell, rent or otherwise give your e-mail address to a third party without Your consent.
d. Non-U.S. Users: EU Safe Harbor.
Krush is hosted and operated entirely in the United States and is subject to United States law. Any personal information that you provide to Krush is being provided to Krush solely in the United States and will be hosted on United States servers. You consent to the transfer of your personal information to the United States. If you are accessing Krush from outside the United States, please be advised that United States law may not offer the same privacy protections as the law of your jurisdiction.
e. Legal Requests
Krush cooperates with law enforcement inquiries, as well as other third parties, to enforce laws and third party rights, such as intellectual property rights and laws relating to fraud. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, or other activity that may expose us or you to legal liability, Krush can (and You authorize Krush to) disclose Your personal data and other information about You as Krush, in its sole discretion, believes necessary or appropriate.
f. Forums, Discussion Boards, Surveys, and Blog Comments
When you participate in a www.Krush.com exchange including, but not limited to, Forums, Discussion Boards, Surveys and Blog Comments, your name and IP address may be recorded for purposes of maintaining your own account within the discussion, and preventing abuses of the discussion. In order to diffuse the information in the Site’s Forums to a wider audience, Krush may, from time to time, collect some of Your comments and group them together to use in a specific publication, print, electronic mailing or other public dissemination. At no point however will Your name or IP address be revealed in any publication. In addition, when Your postings are used in this fashion, they may be edited to fit with the general content of the publication being prepared. It is important to remember that whenever you voluntarily disclose personal information in a forum, through e-mail or elsewhere, that information can be collected and used by others. If Your personal information is accessible to the public, You may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your personal information. You may participate in any forums offered through Krush, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on any Forum of Krush. You agree to indemnify Krush and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that you post. Forums are intended only for the personal use of Krush subscribers, and may not be used for commercial purposes or for organized political activity.
4. HOW WE PROTECT YOUR INFORMATION
a. Confidentiality and Security
Krush takes all necessary precautions to protect Your personal information both online and off-line. When Krush requests that You enter sensitive information, that information is encrypted using Secure Sockets Layer (SSL) software or other security protocol, which encrypts the information you input. No administrator at Krush will have knowledge of Your password. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off from Krush when finished using a shared computer. Krush also protects Your personal information off-line. Access to Your personal information is limited to employees who Krush reasonably believes will need that information to provide services to You. However, Krush is not responsible for the confidentiality, security or distribution of your own personal information by our partners and third parties outside the scope of our agreement with such partners and third parties.
The Site, www.Krush.com, may contain links to other sites. The linked sites are not necessarily under the control of Krush. Please be aware that Krush is not responsible for the privacy practices of such other sites. Krush encourages You to be aware when You leave this Site and to read the privacy policies of each and every web site that collects personally identifiable information. If You decide to access any of the third-party sites linked to this Site, You do this entirely at Your own risk. Any links to any partner of the Site should be the responsibility of the linking party, and Krush shall not be responsible for notification of any change in name or location of any information on the Site.
5. CORRECTING INACCURACIES
a. Editing and Deleting Your Account Information
You can edit certain personal information that you have provided or request that your account be deleted by logging into your Krush account and accessing your account settings. Deleting your Krush account does not currently automatically remove your personal information from the Krush servers. If you would like to have your personal information removed, please contact us as provided in Section 5(f).
c. Site and Service Updates
As necessary, Krush may send You Site and service announcement updates. You are not able to un-subscribe from service announcements, which contain important information about the Site. Krush communicates via e-mail with You to provide requested services and to resolve issues relating to Your accounts.
Krush does not knowingly permit children under 13 to create a Krush account or to use Krush. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information. If you are a parent of a child under 13 and you believe that your child has created a Krush account in violation of our policy, please contact us immediately at firstname.lastname@example.org.
f. WHAT IS KRUSH’S CONTACT ADDRESS FOR PRIVACY QUESTIONS
Krush Privacy Inquiry, 2 Canal Park, Cambridge, MA 02139.
We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of personal information about You. Except where required by law, Krush cannot ensure a response to questions or comments regarding topics unrelated to this policy or Krush’s privacy practices.
Dated November 1, 2010
Welcome to Krush.com. This website is owned and operated by KRUSH, Inc., 2 Canal Park, Cambridge, Massachusetts, USA 02141 (“KRUSH”). This website and its contents are designed to comply with U.S. laws and regulations.
Krush, Inc. (“Krush”) offers various services and software (the websites, services and software are referred to as the “Services”).
2. RESTRICTIONS ON USE OF THE SERVICES
Content You Post to the Services
You may post comments and content with other users through Krush.com and the Services. 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.
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.
3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR ACTIONS
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.
4. INTERSTATE AND INTERNATIONAL USE
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.
5. LICENSE AND CONFIDENTIAL INFORMATION
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.
6. USER SUBMISSIONS
Any material, information or other communication you transmit or post to krush.com 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.
7. COPYRIGHT AND TRADEMARKS 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.
9. THIRD PARTY WEB SITES, SERVICES, AND CONTENT
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.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES
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.
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.
14. FORCE MAJEURE
Krush shall not be liable for any failure or unavailability of the Site and/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.
15. DISPUTE RESOLUTION
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.
16. COMMENTS AND QUESTIONS
If you have any comments or questions you may address them to the customer service department at Krush at email@example.com, via mail addressed to Customer Service, Krush, Inc., 2 Canal Park, Cambridge, MA 02141.