Terms of Service (“Terms”)
Last updated: June 18, 2015
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully and in full before using the pagecrush.com website (the “Service”), owned and operated by Lookwhoo LLC (“us”, “we”, or “our”).
Your access to and the use of this Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using this Service you agree to be bound by these Terms. If you disagree with any part of the terms, you are no longer authorized to use the Service.
Our Service allows you to publish, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
PageCrush has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of PageCrush or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
What PageCrush is looking for in a submission; professionalism, eye-grabbing, quality, accessibility, usability, unique appeal, clean graphics, adequate load time, purpose and good use of content along with presentation.
What PageCrush is NOT looking for in a submission; scripts that re-size browser windows or other browser altering websites, any websites that contain “Coming Soon” pages, load-heavy websites, basic websites that contain more text than graphic presentation, or any other content PageCrush sees fit to deny based under these type of circumstances.
PageCrush may have the need to alter your submission thumbnail image or submission description details as we see fit. Please note if changes described above occur, PageCrush will not falsely identify any submission to its respected nature. If you are the owner of any submission that appears to have been submitted on PageCrush without your knowledge and/or appears to have been altered beyond your entity’s description, please notify PageCrush immediately.
Duplicate submissions will be removed without warning. Please submit carefully.
All published submissions are to be treated fair by public and submitter. Any published submission that is manipulated by overriding the “vote” system will not be tolerated and may result in that said submission being removed without notice.
Submissions are fee-based and non-refundable. Any submissions that are non-fee based are subject to scrutiny or terms that may apply for such submissions. Fee-based or non-fee based, a submitter must confirm rules apply for proper application to PageCrush. All websites published on PageCrush depend on the content and quality of the website being submitted via these terms and risk an entry not being made public should PageCrush deem a website or URL being submitted is not appropriate for public placement. Please submit at your own will.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username, any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, with the exception of system alerts, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PageCrush and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PageCrush.
Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by PageCrush.
PageCrush has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that PageCrush, operated under Lookwhoo LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless PageCrush and its licensee and licensors, and their employees, contractors, agents, officers, directors and owners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall PageCrush, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PageCrush, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time and are subject to change without notice. It is advised to check here frequently for updates or before submitting any new material.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.