Cribspot Terms of Service
Last modified: November 6th, 2016
Welcome to the Cribspot website, located at cribspot.com. Cribspot, Inc., a Delaware corporation (the "Company" or "we", "us" or "our"), operates the Cribspot websites and mobile application and any content, functionality and services offered on or through such websites or mobile application (collectively, the "Service"), and makes it available to you subject to the following terms and conditions of service (the "Terms"). The Terms are a legal contract between you, an individual user or single entity (individually or collectively, "Users") and the Company regarding your use of the Service.
You are granted permission to use the Service, provided that you comply with the Terms. By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to these Terms at any time, you must not use or access the Service.
1. Applicable Terms and Policies.
1.1 Limited License. The Company hereby grants you a limited, personal, non-exclusive, non-transferrable, non-assignable, terminable license to use the Service for personal, educational, and noncommercial purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to you are reserved by the Company.
1.2 Guidelines. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
1.4 CribPay Service. The Service includes the CribPay service for paying rent ("CribPay"). CribPay is subject to additional CribPay terms of service (the "CribPay Terms"), incorporated herein by reference, and Guidelines applicable to CribPay.
1.5 Site Content. All information and content available on or through the Service (collectively, "Content") is protected by copyright and other intellectual property laws. The term "Content" includes, but is not limited to, software, displays, text, video, audio, images, webpages, and documentsavailable on or through the Services and the design, selection, and arrangement thereof. The Content is owned by Company, its affiliates, third party licensors and/or their respective licensors (collectively, "Licensors"). Without limiting the generality of the license granted to you in Section 1.1, you acknowledge and agree that the Content is available to you for personal, non-commercial use only. While you may print or download 1 copy of the Content for personal, educational, and noncommercial use, you CANNOT print download any portion of the Content for commercial use, and you CANNOT sell, license, publish, distribute, modify, display, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of applicable Licensor. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to firstname.lastname@example.org.
1.6 Modifications. From time to time, the Company may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. All amended Terms automatically take effect 30 days after they are made available through the Service, except that disputes between you and the Company will be governed by the version of the Terms that was in effect on the date the dispute arose. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
2. Our Proprietary Rights.
2.1 General. Our Content is owned and/or licensed by the Company and protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary laws and regulations. Content does not include User Submissions (as defined below). Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, publish or display, or otherwise make unauthorized use of the Service or the Content. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Content in breach of the Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
2.2 Further Restrictions. You further agree not to (a) intentionally interfere with, damage, impair, or disable the Service’s operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users; (c) use the Service or Content for any unlawful purpose or prohibited by these Terms; (d) defame, harass, abuse, threaten, stalk, impersonate, or defraud other Users, or collect personal information about them or third parties without their consent; (e) use any robot, spider, scraper, or other automated means to access the Service for any purpose without the Company’s express consent or bypass the Company’s robot exclusion headers or similar measures; (f) remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (g) attempt to gain unauthorized access to the Service, other User accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (h) deep-link to the Service, and you agree you will promptly remove any links that the Company finds objectionable in its sole discretion; (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (j) modify, adapt, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation.
2.3 Service Access. The Service is controlled and offered by the Company from its facilities in the United States of America and elsewhere, including all or a portion of the Service that may be operated from the “cloud”, or other similar distributed hosting environment. The Company makes no representations that the Service is appropriate or available for use in other locations. If you are accessing or using the Service from other jurisdictions, you do so at their own risk and you are responsible for compliance with local law.
3. User Submissions.
3.1 User Submissions. The term "User Submissions" means data, files, text, photos, video, audio, commentary or any other content which is either (a) submitted by you or other Users; or (b) posted by the Company on behalf of a User. If you are a landlord or property manager ("Property Manager"), you acknowledge and agree that you are making your User Submission related to your properties and property listings, which is publically available, also available to the Company for use with the Services. Use of such Property Manager User Submissions, also includes use of your name, address, and logo in connection with your properties and property listings. The Company may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, the Company does not guarantee confidentiality with respect thereto. Furthermore, the Service may now or in the future restrict the amount and/or number of User Submissions you may publish on the Service, and you agree that the Company may impose such limits in its sole discretion.
3.2 Grant of Rights. Any User Submissions you post to the Service will be considered non-confidential and non-proprietary. By submitting User Submissions or otherwise making User Submissions available to the Company, you hereby grant the Company and its affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Service and the Company’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant the Company, its affiliates, and and service providers, and each of their and our respective licensees, successors and assigns the right to use your name in connection with such User Submission if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each User of the Service a non-exclusive license to access your User Submissions through the Service, and to use such User Submissions as permitted by the functionality of the Service and these Terms. Except for the limited rights set forth in these Terms, each User retains all right, title, and interest in its User Submissions.
3.3 User Submissions Representations and Warranties. You and each User shall be solely responsible for your User Submissions and the consequences of uploading, posting, or publishing them, or otherwise making them available, through the Service. In connection with User Submissions, you represent and warrant that: (i) you own, or have the necessary rights to use and authorize the Company to use, all intellectual property or other proprietary rights to User Submissions to enable inclusion and use of User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above; and (ii) your User Submissions, the Company’s use of such User Submissions in connection with the Service, and the Company’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any intellectual property and proprietary rights; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation. Company is not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other User of the Service.
3.4 User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish or make available to the Company falsehoods or misrepresentations that could damage the Company or any third party; (ii) submit or make available to the Company material that is threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate; (iii) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iv) upload or make available to the Company User Submissions that would be harmful to minors in any manner.
4. User Submissions Disclaimer. You understand that when using the Service, you will be exposed to User Submissions and that the Company is neither responsible nor liable in any way for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights or infringement relating to such User Submissions, nor for any loss or damage of any kind incurred as a result of the use of any User Submissions displayed or transmitted via the Service, or any contact you have with any third party provider of User Submissions, or any transaction you consummate in connection with your use or access of any User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that is offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto. The Company does not endorse any User Submission or any opinion expressed therein.
5. Non-Monitoring of User Submissions and Users. The Company does not control the User Submissions posted by Users and does not have any obligation to pre-screen or monitor such User Submissions. If at any time, the Company chooses, in its sole discretion, to pre-screen or monitor the User Submissions, the Company nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting any such User Submissions. Without limiting the foregoing, the Company and its designees may, at any time and without prior notice, remove any User Submissions, in whole or in part, for any reason. Furthermore, you alone are responsible for your involvement with other Users or third parties to whom you may have contact through the Service. The Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. Company disclaims all liability related to any User disagreement.
6. Account Information.
6.1 Account Creation. In order to use some features of the Service, you will have to create an account. When creating an account, you must provideaccurate and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that the Company may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Submission violates the rights of third parties; (d) to respond if you contact the Company; or (e) protect the rights, property or personal safety of the Company, Users and the public.
6.2 Facebook Login Service. If you are creating an account through Facebook’s login service, we reserve the right to use all information from Facebook and your account for the purposes of the Company and third-party ad networks. By logging/signing up through Facebook or creating an account with your personal email account, you are thereby accepting the terms and conditions of the Company laid out in the entirety of this Terms of Service agreement.
6.3 Authorization. This Service is offered and available to users who 13 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not of legal age to form a binding contract with the Company, you must not access or use the Service. If you are opening an account on behalf of a company, entity, or organization (collectively “Registering Organization”), then you represent and warrant that you are an authorized representative of that Registering Organization with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such Registering Organization.
6.4 Password. When you register with the Service, you may be asked to provide a user name and password. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
7. References to Third Party Materials. The Service may contain links, information, and references to third party products, services, and websites, which the Company does not control or maintain (“Reference Sites”). Access to and use of any Reference Sites is at the User's own risk and the Company is not responsible for the accuracy or reliability of information or statements on Reference Sites. The Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement. The Reference Sites do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You should review any applicable terms and policies of such Reference Sites, as the Company’s Terms do not apply to them.
8. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Service are solely between you and such advertiser. You agree that the Company will not be responsible or liable for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers/third parties on the Service.
9. Disputes with Third Parties. If you have a dispute with (a) another User of the Service, (b) the provider of any Reference Site, , or (c) any third party that contacts you as a result of your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. Availability of the Service. The Company may make changes to or discontinue any part of the Service at any time without notice. The Content may be out of date, and the Company makes no commitment to update materials on the Service.
11. Termination. You agree that the Company may terminate your account or use of the Service at any time in its sole discretion, and you agree that the Company shall not be liable to you or any third-party for any such termination. You may terminate these Terms at any time by closing your account, if any, and discontinuing use of the Service.
12. Indemnification; Hold Harmless. You agree to indemnify, defend, and hold harmless the Company, and its affiliates, suppliers, licensors and partners, and their respective officers, directors, employees, agents and representatives from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Submissions, any use of the Content other than as expressly authorized in these Terms or your use of any information obtained from the Service. The Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
13. Disclaimer. THE SERVICE, CONTENT, AND ANY USER SUBMISSIONS MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY, ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE CONTENT, USER SUBMISSIONS, THE SERVICE, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE COMPANY, ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY, ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE PRODUCTS AND SERVICES THAT MAY BE OFFERED BY THIRD PARTIES IN ASSOCIATION WITH ANY USER SUBMISSIONS OR REFERENCE SITES, OR THAT YOU MAY TRANSACT WITH THIRD PARTIES FOR AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, OR ANY LOSSES OR HARMS OF ANY KIND YOU MAY SUFFER (INCLUDING THE FAILURE OF ANY INVESTMENT TO PROVIDE ANY RETURN) AS A RESULT OF FOLLOWING UP ON, TRANSACTING AS A RESULT OF, OR OTHERWISE RELYING ON ANY SUCH INFORMATION.
14. Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE CONTENT, USER SUBMISSIONS, OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS OR SUPPLIERS’ TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR FEES PAID IN THE PRECEDING TWELVE MONTHS.
15. Digital Millennium Copyright Act.
15.1 Notification of Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service infringes your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (iv) information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate; and (viii) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, Company will notify the alleged infringer of such takedown.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
15.2 Counter Notification. If you elect to send our Copyright Agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements): (i) a physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) adequate information by which we can contact you, including your name, address, and telephone number, and (v) a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Company’s designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
16. Survival. Sections 1.2, 2, 3, 4, and 12-17 will survive any termination of these Terms.
17. Miscellaneous. These Terms are the entire agreement between the parties on the subject matter hereof. The heading references herein are for convenience purposes only, do not constitute part of these Terms, and shall not limit or affect any provision hereof. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. These Terms will be governed by the laws of the state of Michigan, without regard to its conflict of laws principles. The parties consent to the personal and exclusive jurisdiction of the state and federal courts of Washtenaw County, Michigan. You may not assign these Terms without the prior written consent of Company, and any prohibited assignment will be null and void. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.