Terms Of Service | Crushtime

INTRODUCTION

By accessing the Crushtime application or its website found at www.crushtime.app, whether through a mobile device, mobile application, computer, or any other platforms or services we may offer (collectively, the "Service" or our "Services"), you agree to be bound this Terms of Use Agreement (the "Terms" or "Agreement"), including our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Center, so it is important that you read this Agreement and these policies and procedures carefully before you create an account. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

We reserve the right to modify, amend, or change these Terms at any time, such modifications to be effective upon posting by the Company in the Service. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes.

Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.

Further, we reserve the right to change the availability of features in our subscription plans in any manner and at any time as we may determine in our sole and absolute discretion.

ACCEPTANCE OF TERMS OF USE AGREEMENT

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes the Company’s Privacy and terms disclosed and agreed by you if you purchase or accept additional features, products or services we offer on the Service, such as terms governing features, billing, free trials, discounts and promotions.

By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company in the Service.

ELIGIBILITY

Before you create an account on Crushtime, make sure you are eligible to use our Services.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

Comply with these Terms, and check this page from time to time to ensure you are aware of any changes.
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.
Use the latest version of the Website and/or App.
Treat other users in a courteous and respectful manner, both on and off our Services.
Be respectful when communicating with any of our customer care representatives or other employees.
Review the Safety Center.
Review and comply with the Community Guidelines, as updated from time to time.
Maintain a strong password and take reasonable measures to protect the security of your login information.

You agree that you will not:

Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
Use the Services in a way that damages the Services or prevents their use by other users.
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services' networks.
Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes.
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person.
Post or share Prohibited Content (see below).
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission.
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.
Use another user's account.
Use our Services in relation to fraud, a pyramid scheme, or other similar practice.
Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.
Violate the terms of the license granted to you by Crushtime (see Section 6 below).
Disclose private or proprietary information that you do not have the right to disclose.
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Crushtime's prior written consent.
Express or imply that any statements you make are endorsed by Crushtime.
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents.
Upload viruses or other malicious code or otherwise compromise the security of our Services.
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services.
"Frame" or "mirror" any part of our Services without Crushtime's prior written authorization.
Use meta tags or code or other devices containing any reference to Crushtime or the platform (or any trademark, trade name, service mark, logo or slogan of Crushtime) to direct any person to any other website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so.
Use or develop any third-party applications or services that directly interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems.
Use, access, or publish the Crushtime application programming interface without our written consent.
Probe, scan or test the vulnerability of our Services or any system or network.
Encourage, promote, or agree to engage in any activity that violates these Terms.
Create a new account after we suspend or terminate your account, unless you receive our express permission.

Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

CONTENT

It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services ("Your Content"); (ii) content that other users upload or provide while using our Services ("Member Content"); and (iii) content that Crushtime provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles and in direct messages between users.

Prohibited Content
Crushtime prohibits uploading or sharing content that:

Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism;
Is defamatory, libelous, or untrue;
Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);
Involves the transmission of "junk" mail or "spam";
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Crushtime or otherwise;
Infringes upon any third party's rights (including, without limitation, intellectual property rights and privacy rights);
Was not written by you or was automatically generated, unless expressly authorized by Crushtime;
Includes the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian), or is an image or likeness of a minor unaccompanied by the minor's parent or guardian—for the avoidance of doubt, Crushtime does not allow any minors in photos, and any photo including a minor will be removed;
Is inconsistent with the intended use of the Services; or
May harm the reputation of Crushtime or its affiliates, meaning the uploading or sharing of content on the Crushtime platform that is defamatory to Crushtime or its affiliates or advocates misuse of the Service or any service provided by Crushtime's affiliates.

The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.

Your Content
You are responsible and liable for Your Content. Don't share anything that you wouldn't want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You agree that Your Content must comply with our Community Guidelines as updated from time to time.
You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do, it is at your own risk.
You agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Crushtime Users). By uploading Your Content on Crushtime, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

Member Content
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other Crushtime users’ personal information to the extent that your use of it matches Crushtime’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Our Content
Crushtime owns all other content on our Services. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

You shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
You shall not use our name in metatags, keywords and/or hidden text;
You shall not create derivative works from Our Content or scrape, disable, decompile, analyses or in any way commercially exploit Our Content, in whole or in part, in any way; and
You shall use Our Content for lawful purposes only.

PRIVACY

Privacy is important to us. We have a separate policy about it that you should read.

For information about how the Crushtime Group collects, uses, and shares your personal data, please check out our Privacy Policy. By using Crushtime, you acknowledge that we may use such data in accordance with our Privacy Policy.

PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

You will have the opportunity to purchase products and services from Crushtime. If you purchase a subscription, it will automatically renew - and you will be charged - until you cancel.

If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through the following payment methods ("Payment Method"):

Third-party platform such as the Apple App Store and Google Play Store ("Third Party Store").
Your credit card, debit card, or PayPal account, which will be processed by a third-party processor.

Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal

Crushtime may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription ("Premium Services").
IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT Crushtime’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS.
To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period.
Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Crushtime changes these prices and you do not cancel your subscription, you agree that you will be charged at Crushtime’s then-current pricing for subscription.

Cancelling Subscriptions

If you purchased a subscription directly from Crushtime, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third-Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled "Refunds" below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Because our Services may be utilized without a subscription, cancelling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account

Free Trials

If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Crushtime through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:
YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED (SUCH THAT YOU ARE UNABLE TO USE Crushtime) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DISABILITY BY PROVIDING THE COMPANY NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND AS DESCRIBED BELOW.

For subscribers residing anywhere outside the US
Subscribers who purchase weekly subscriptions are entitled to a refund of the price of the subscription (minus the value of any portion of the subscription used at the date the refund is requested) if requested within the first 6 days after the subscription starts.
Subscribers who purchase monthly or longer subscriptions are entitled to a refund of the price of the subscription (minus the value of any portion of the subscription used at the date the refund is requested) if requested within the first 14 days after the subscription starts.
There are no refunds for subscription renewals. Blocked members are not entitled to refunds.

To request a refund
In addition to cancelling, eligible subscribers must request a refund to receive one.
If you subscribed through Google and reside outside the US your refund will be handled by Google, not Crushtime. To request a refund, go to the Google Play Store app, select your order history, find the transaction, select "Report a Problem" and submit your refund request.
If you subscribed using your Apple ID, refunds are handled by Apple (regardless of where you live), not Crushtime. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem". You can also submit a request at Apple Support.
For all other purchases: please contact customer support with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number.

RIGHTS YOU ARE GRANTED BY Crushtime

Crushtime grants you the right to use and enjoy our Services, subject to these Terms.

For as long as you comply with these Terms, Crushtime grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Crushtime and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

RIGHTS YOU GRANT Crushtime

You own all of the content you provide to Crushtime, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to Crushtime a worldwide, perpetual, transferable, sub- licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Crushtime's license to Your Content shall be non-exclusive, except that Crushtime's license shall be exclusive with respect to derivative works created through use of our Services. For example, Crushtime would have an exclusive license to screenshots of our Services that include Your Content.

In addition, so that Crushtime can prevent the use of Your Content outside of our Services, you authorize Crushtime to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. Crushtime is not obligated to take any action with regard to use of Your Content by other users or third parties. Crushtime's license to Your Content is subject to your rights under applicable law.

In consideration for Crushtime allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Crushtime regarding our Services, you agree that Crushtime may use and share such feedback for any purpose without compensating you.

You agree that Crushtime may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

TERMINATION

These Terms commence on the date you accept them and continue until terminated in accordance with the terms herein.

You can delete your Account at any time by logging into the App, going to the "Account > Manage Account", and following the instructions to terminate your account. Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund. In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third-Party Store (e.g., Apple Store, Google Play) to avoid additional billing.

In the event that Crushtime determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which the Crushtime regards as inappropriate or unlawful (whether on or off the App), Crushtime reserves the right to:

Warn you via email (to any email addresses you have provided to Crushtime) that you have violated the Terms.
Delete your User Content.
Discontinue your Account.
Discontinue your subscription(s) without refund.
Notify and/or send your User Content to and/or fully cooperate with the proper law enforcement Authorities for further action.
Pursue to any other action which Crushtime deems to be appropriate.

You agree that all terminations for cause shall be made in Crushtime’s sole discretion and that Crushtime shall not be liable to you or any third party for any termination of your Account.

Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.

If your account is terminated by you or by the Crushtime for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.

DISCLAIMER

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. Crushtime IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AND DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

DISPUTE RESOLUTION

This Pre-arbitration Informal Dispute Resolution Process is designed to increase the likelihood of prompt and low-cost resolutions to any dispute you may have with Crushtime. By using the Services, you and Crushtime agree to first attempt to resolve any disputes informally before initiating any arbitration. However, if your dispute includes individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services, then you are not required to send a Notice. If Crushtime has a dispute with you, Crushtime agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account.

Your Notice must include your signature and the following details: (i) your full name; (ii) account identifiers such as account ID, profile screenshot, or anything else that allows us to identify your account; (iii) a thorough description of the dispute, with supporting evidence like screenshots or documents, a detailed description of dispute which must include the nature and factual basis of its claim(s); and (iv) the specific remedy or resolution you seek, including a detailed calculation of any monetary damages. You must personally sign this Notice for it to be effective. The Notice must individually describe the basis of your dispute and not any other person’s dispute.

You and Crushtime agree to then negotiate in good faith in an effort to resolve the dispute. As part of these good faith negotiations, Crushtime may request an online conference (via Google Meet or Zoom etc.) with you to discuss your dispute, and you agree to personally participate, with your attorney if you’re represented by counsel.

If you and Crushtime do not reach an agreement to resolve the claim within 60 days after the Notice is received, then you or Crushtime may commence an arbitration proceeding as set forth below. THE NATIONAL ARBITRATION AND MEDIATION ("NAM") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT.

Participation in an informal dispute resolution session is required before initiating arbitration, and, unless prohibited by applicable law, NAM must dismiss any arbitration demand and administratively close the case if the party bringing the demand has not fully adhered to the requirements outlined in this section. The arbitration administrator, unless prohibited by law, may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of these informal dispute resolution process. Failure to do so is a breach of this Agreement. If you are Crushtime do not follow the requirements of this informal dispute resolution process, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration.

All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements of this informal dispute resolution process before commencing a NAM arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.

Class action and jury trial waiver

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND Crushtime EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT OR FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT OCCURING IN CONNECTION WITH YOUR USE OF THE SERVICES, AS PROVIDED HEREIN). YOU AND Crushtime EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST Crushtime. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND Crushtime AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID.

Governing Law And Arbitration; Waiver; Indemnification

Mandatory Arbitration
Please read this Section carefully. YOU AND Crushtime, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO BINDING INDIVIDUAL ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. For a copy of the NAM Rules, please contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or at email address at commercial@namadr.com.

Commencing Arbitration
A party intending to seek arbitration must first send to NAM a written notice of intent to arbitrate (a "Demand for Arbitration" or "Demand") that describes the nature of the claim, the amount in controversy and the remedy sought. Demand for Arbitration must include (1) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable User Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Information Dispute Resolution process as above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances that: (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

If you submit a Demand for Arbitration to NAM, within 7 days of delivery of the Demand for Arbitration to NAM you shall also send the Demand for Arbitration to Crushtime by an international courier with a tracking mechanism. If Crushtime sends a Demand for Arbitration to NAM, we will also send it to your email within the same 7-day period. If no email address is on file, we will send it to your other contact information associated with your account.

The requirements in this section are jurisdictional in nature. As such, NAM shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution in this Sections.

Arbitration Proceeding
The arbitration will be in English. A single independent and impartial arbitrator will be appointed remotely pursuant to the Rules, as modified herein. You and Crushtime agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Sections.

The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of this Section of this Agreement would result in a fundamentally unfair arbitration, then the Arbitrator shall have authority to modify such term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with these Terms of Use.

Unless you and Crushtime otherwise agree, the arbitration will be conducted virtually via video or teleconference. You and Crushtime agree that the arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of this arbitration provision, including the enforceability, revocability, scope, or validity of the arbitration provision or any portion of the arbitration provision, except that all Disputes regarding the subsection entitled "Waiver of Certain Rights," including any claim or Dispute that all or part of that subsection is unenforceable, illegal, void or voidable, or that that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute.

Decision of the Arbitrator
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.

The arbitration award is binding only between you and Crushtime and will not have any preclusive effect in another arbitration or proceeding that involves a different Party.

Fees
The payment of NAM fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Batch Arbitration (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached this Section of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law.

The Parties shall bear their own attorneys’ fees and costs in arbitration an equal share of the arbitrators’ and administrative fees of arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought in the request for arbitration was frivolous or was brought for an improper purpose.

Offer of Settlement
Either Party may, but is not obligated to, make a written settlement offer to the opposing Party any time before any initial evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Arbitrator until after the Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.

Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, You and Crushtime agree that in the event that there are ten (10) or more individual requests for arbitration of a substantially similar nature filed against Crushtime by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall (1) administer the arbitration demands in batches of 100 requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration").

All parties agree that requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.

You and Crushtime agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this subsection.

Equitable Relief
The foregoing provisions of this Section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Crushtime or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Crushtime, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.

Claims
You and Crushtime agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Improperly Filed Claims
All claims you bring against Crushtime must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim that does not comply with the requirements set forth within this Section, Crushtime may recover attorneys’ fees and reimbursement of its costs, provided that Crushtime has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Modifications
In the event that Crushtime makes any future change to the "Mandatory Arbitration" paragraph set forth above, you may reject any such change by sending us written notice within thirty (30) days of the change to Crushtime’s Arbitration Demand in which case your account with Crushtime and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.

Enforceability
If only the "No Class Actions" paragraph above or the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue will govern any action arising out of or related to this Agreement.

GOVERNING LAW

Texas law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).

The laws of Texas, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act.

In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.

INDEMNITY

All the actions you make and information you post on Crushtime remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

Any negligent acts, omissions or willful misconduct by you;
Your access to and use of the App;
The uploading or submission of Content to the App by you;
Any breach of these Terms by you; and/or
Your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify Crushtime for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

ACCEPTANCE OF TERMS

By using our Services, you accept the Terms of this Agreement.

By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Center (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.

ENTIRE AGREEMENT

This Agreement supersedes any previous agreements or representations.

These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Center, and any Additional Terms Upon Purchase, contain the entire agreement between you and Crushtime regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Crushtime account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Crushtime in any manner.