We reserve the right, at our discretion, to modify these Terms, which modification will be effective 10 days following the posting of the modification to the Site or providing notice to you, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform you regarding such modifications by either notifying you via your email address or by posting such latest changes on the Site. You should continue check the Site for changes your continued use of this Site 10 days following the posting of changes to these Terms or providing notice to you, whichever occurs first, will mean you accept those changes.
By accessing or using the Site, you hereby confirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to Crossrider's attention through reliable means that a registered user is a child under 18 years of age, Crossrider may cancel that user's account and/or access to the Site, at its sole discretion.
A. Crossrider hereby grants you permission to use the Site, provided that: (i); you will not copy, distribute or modify any part of the Site without Crossrider's prior written authorization; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Site; and (v) you comply with these Terms.
B. In order to access some of the services of the Site (including, inter alia, affiliate network and DSP/ Ad server), you may have to create an account. You must never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify Crossrider immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Crossrider or others due to such unauthorized use. Crossrider will not be liable for your losses caused by any unauthorized use of your account.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the Crossrider servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
E. Crossrider, in its sole discretion, has the right to terminate your access to the Site immediately and with or without cause.
F. You hereby acknowledge and agree that you will have no claim or demand against Crossrider with this respect and you agree to honor and fully accept Crossrider discretion, judgment and decisions in the termination of your access and/or use of the Site or any of the Services and you will be solely responsible for any consequences resulting therefrom.
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site ("Content"), the trademarks, service marks and logos contained therein ("Marks"), the products and services provided through the Site ("Service") and/or any Intellectual Property Rights (as defined below) related thereto, are owned by or licensed to Crossrider. Content and Service on the Site are provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever, unless expressly permitted by Crossrider. Crossrider reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
“Crossrider”, the Crossrider logo, and other marks are Marks of Crossrider or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners. This section shall survive any termination of these Terms.
Crossrider attempts to be as accurate as possible. However, Crossrider cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Crossrider reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
It is the policy of Crossrider to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Crossrider has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
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, please provide Crossrider's Copyright Agent with the following information in accordance with the DMCA:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Crossrider's Site, with enough detail that We may find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;
4. your address, telephone number, and email address;
5. 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; and
6. 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.
Crossrider's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Email - firstname.lastname@example.org
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
UNDER NO CIRCUMSTANCES SHALL CROSSRIDER, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF CROSSRIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE CROSSRIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE LESSER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST CROSSRIDER OR ITS AFFILIATES, OR (B) $10. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Crossrider, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crossrider without restriction or notification to you.