Terms of Service
TERMS OF SERVICE
Last Updated: May 3, 2012
Welcome to the website located at crackerize.com (“Website”), controlled by Crackerize, Inc (the “Crackerize,” “we,” “us” or “our”). By accessing or using the Website, you (“you” or “the User”), signify that you have read, understand and agree to be bound by the terms of service and conditions set forth below (as amended from time to time, “Terms”).
We provide the Website for your use subject to the following Terms. We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time. If we modify these Terms, we will post a notice at the top of our website for a period of seven days. Your continued use of the Website constitutes your acknowledgement of, acceptance of, and agreement to the revised Terms. You agree to periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. We will indicate at the top of this page the date these terms were last revised. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Website.
In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Website from time to time. All such terms are hereby incorporated by reference into these Terms.
This Website is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Website by anyone under 18 is unauthorized and in violation of these Terms. By using the Website, you represent and warrant that you are 18 years of age or older.
Access and Use of the Service
Crackerize provides the Website as a forum for commentary on music lyrics, and analysis of the meaning and translation of those lyrics. We welcome your participation in this exegesis subject to these Terms. Registration is not required to view content on the Website, but even unregistered Users are bound by these Terms.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Crackerize of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Website. Crackerize will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Website: Crackerize reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) or any User account with or without notice. You agree that Crackerize shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Crackerize may establish general practices and limits concerning use of the Website, including without limitation the maximum period of time that data or other content will be retained by Crackerize and the maximum storage space that will be allotted on Crackerize’s servers on your behalf. You agree that Crackerize has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by Crackerize. You acknowledge that Crackerize reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Crackerize reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
“Crackerize” and other Crackerize graphics, logos, designs, page headers, button icons, scripts and service names (whether or not they appear at any given time on the Website) are the trademarks, trade names or trade dress of Crackerize in the U.S. and other countries. You may not use Crackerize’s trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product, program, display or service in any manner that is likely to cause confusion or create the impression that Crackerize endorses any product or service. You may not reproduce or use Crackerize’s trademarks or trade dress without the prior written permission of Crackerize.
Product and service names and logos used and displayed via the Website, other than the trademarks of Crackerize described above, may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Crackerize. Nothing in these Terms or on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of trademarks displayed on the Website without our prior written permission in each instance. All goodwill generated from the use of Crackerize trademarks will inure to our exclusive benefit.
Conditions of Use and User Content
You agree to use the Website only in compliance with these Terms:
User Content: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Website, including without limitation(i) Registration Data, (ii) the information you include in your profile, which may include your handle or profile page for third party accounts like Facebook and Twitter and your photo, and (iii) your comments on the site of summaries thereof (provided that the composition of any such summaries shall be created by and owned by Crackerize). You represent and warrant that the User Content and all other content submitted to the Website through your account or otherwise posted, transmitted, or distributed by you on or through the Website will not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights) and that such content shall not contain libelous, defamatory or otherwise unlawful material. You agree not to post any User Content without any permission or consent that may be required in order for you to do so.
If you register for an account with us, we will display certain portions of your User Content to other Website visitors, including without limitation your user name and your posts. You acknowledge and agree that we have no obligation to display any particular item of User Content and may filter the display of User Content in our sole discretion for no reason or for any reason.
License to User Content: When you post User Content to the Website or otherwise submit it to us, you grant, and you represent and warrant that you have the right to grant, to Crackerize an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part) and distribute such User Content for purposes of providing, operating and promoting the Website or conducting the business of Crackerize. Subject to the rights granted to us in these Terms, you retain full ownership of your User Content; provided, however, that Crackerize owns all right and title in and to the collective content of the Website, including without limitation to the extent your User Content forms a part of any work of authorship presented or displayed on the Website.
User Conduct: The following are examples of the kind of content and/or use that is illegal or prohibited by Crackerize. Crackerize reserves the right to investigate and take appropriate legal action against anyone who, in Crackerize’s sole discretion, violates this provision, including without limitation, removing the offending content from the Website, suspending or terminating the account of such Users and reporting you to the law enforcement authorities. You agree to not use the Website to engage in any illegal or harmful activity, including without limitation:
- posting, emailing or otherwise transmitting any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Crackerize, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Crackerize or its users to any harm or liability of any type;
- impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- soliciting personal information from anyone under the age of 18;
- harvesting or collecting, through use of automated scripts or otherwise, the contents of the Website or email addresses, contact information or other private information of other Users from the Website for any purpose, including without limitation for the purposes of sending unsolicited emails or other unsolicited communications to Users or reproducing the content of the Website;
- advertising or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfering with or disrupting the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website; or
- violating any applicable local, state, national or international law, or any regulations having the force of law;
- furthering or promoting any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.
Fees: You acknowledge that Crackerize reserves the right to charge for any portion of the Website and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Website.
Special Notice for International Use; Export Controls: Software available in connection with the Website, if any, and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any available software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the website and any software, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or by Crackerize’s express written consent, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. The Website is for your personal use and may not be used for direct commercial endeavors.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Website may contain content (“Website Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Crackerize, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Website Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload to the Website. In connection with your use of the Website you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith is the property of Crackerize, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Crackerize.
Third Party Material: Under no circumstances will Crackerize be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Website. You acknowledge that Crackerize does not pre-screen content, but that Crackerize and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website. Without limiting the foregoing, Crackerize and its designees shall have the right to remove any content that violates these Terms or is deemed by Crackerize, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Downtime: The Website may be temporarily unavailable from time to time for maintenance or other reasons. Crackerize shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Website. Under no circumstances will Crackerize be responsible for any personal injury or death resulting from the use of the Website, any User Content or Third Party Content, or any use of products or services provided by Users.
User Content Posted on the Site: In addition to the license grant to User Content set forth above, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to Crackerize are non-confidential and Crackerize shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Crackerize may preserve and store content for any period of time and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Crackerize, its users and the public. You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Crackerize respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Crackerize of your infringement claim in accordance with the procedure below.
As set forth in our Copyright Policy, Crackerize will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Crackerize’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Crackerize will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Crackerize has adopted a policy of terminating, in appropriate circumstances and at Crackerize’s sole discretion, users who are deemed to be repeat infringers. Crackerize may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Website contains (or you may encounter through your use of the Website) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Crackerize. If you decide to leave the Website and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern your use of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from that site.
Crackerize is not responsible for cookies, web beacons, clear gifs, or other code you or other parties place on your computer in any way, including any association of Website content with such code. For example, if you access a Third Party Site through a link on the Website, your browser or other cookies on your computer may cause a referrer header to be sent to that site indicating some of your browsing history or the URL from which your visit originated. Crackerize shall have no liability to you in connection with any such transmission, whether or not that transmission contains information associated with or originating from Crackerize.
Third Party Services
In addition, Crackerize is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Crackerize is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Crackerize may enable these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Crackerize and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, any User Content, your connection to the Website, your violation of these Terms or your violation of any rights of another. Your indemnity obligations include, without limitation, claims against Crackerize that any User Content infringes a third party’s intellectual property rights.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRACKERIZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CRACKERIZE MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CRACKERIZE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CRACKERIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY PARTY; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL CRACKERIZE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CRACKERIZE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
At Crackerize’s election and in its sole discretion, all disputes, claims, or controversies arising out of or relating to these Terms or the Website that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
In addition to the termination rights set forth elsewhere herein, you agree that Crackerize, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Website and remove and discard any content within the Website, for any reason, including, without limitation, for lack of use or if Crackerize believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website may be referred to appropriate law enforcement authorities. Crackerize may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Crackerize may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Crackerize shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Website and Crackerize will have no liability or responsibility with respect thereto. Crackerize reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Website or to elect to display only certain of the User content submitted in connection with a particular Crackerize subdomain.
These Terms constitute the entire agreement between you and Crackerize and govern your use of the Website, superseding any prior agreements between you and Crackerize with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Crackerize agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County,Washington. The failure of Crackerize to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Website may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.