THESE TERMS WERE LAST UPDATED ON May 15, 2016.
TERMS AND CONDITIONS OF — USE AGREEMENT
Our name is Crumbs.world, (hereafter “Crumbs” or “We” or “Our”)
THE FOLLOWING TERMS AND CONDITIONS OF — USE AGREEMENT (hereafter “Terms”) governs your use of our web site, www.Crumbs.world, as well as our mobile applications (hereafter “Services”), and provides details on the Services we offer to our Users (hereafter “You” or “Your”). It is vitally important that you read these Terms carefully, as your use of our Services will automatically constitute your agreement to be legally bound by the Terms set out herein.
The following words used in these Terms have the following meanings:
- “Personally Identifiable Information” shall mean all data and/or information provided by and about you, including e-mail address, name, etc.;
- “Crumbs platform” shall mean the web site and mobile applications on which Crumbs provides Services.
- “Crumbs User” shall mean all Users of the Crumbs Services. If you are just browsing Crumbs.world website or have downloaded one of our mobile applications, but have not registered with us, you are a “Visitor“. If you have taken steps to register an account with us, you are a “Member“. But whether you’re a Visitor or a Member, you are still a “User“.
- “Crumbs Services or Services” shall mean the web site, mobile applications and all Services provided directly by Crumbs.
You can access these Terms by clicking on the “Terms” link that appears on Crumbs.world “Homepage” and by reading it on your computer or electronic device, printing it out, downloading it and/or saving it at any time.
You hereby acknowledge and agree as follows:
Crumbs reserves the right to make changes or modifications to Crumbs Services and these Terms. Display of any notice of changes online at the Crumbs.world web site shall constitute effective notice under these Terms, and your continued use shall constitute your acceptance of such changes or modifications.
i. Crumbs.world Community
- The Crumbs.world Community (hereafter “the Community”) helps you to obtain information, exchange ideas and connect online with other interested Users of Crumbs Services. Crumbs believes that the Community is a valuable place for you to exchange information about a broad range of travel and tourism-related services and products, and to learn from one another. Crumbs wants the Community to be a friendly, informative and safe place for all.
- Crumbs reserves the right to remove any contribution or post that we believe is inconsistent with the standards or the spirit of these Terms.
- You must be at least thirteen (13) years of age to participate in and use Crumbs Services. The Community is primarily an English-language online community, but will expand to other languages in the future.
II. Content is for Informational Purposes Only
- The content created, contributed and shared by Crumbs and its Users is for informational purposes ONLY. Such information is not meant to be a basis for product/service advice or recommendations. You are ultimately responsible for conducting your own analysis on particular products/services and making your own decisions. Under no circumstances can any member of this Community or Crumbs be held responsible for a product/service decision made, based on information provided here.
- The results or experiences described in comments, testimonials or contributions may be not indicative of the experiences you may have, depending upon personal tastes and other subjective criteria.
- Crumbs promotes sharing of personal travel experiences. Any content you post on the Crumbs platform can be viewed by all Crumbs Users.
III. Intellectual Property Rights
- Crumbs Services are the valuable, exclusive property of Crumbs.world, and nothing in these Terms shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You are granted a license to use the Crumbs Services, as long as you comply with these Terms. Ownership of the Crumbs Services shall remain, at all times, with Crumbs.world.
- You always retain the rights associated with your postings (your content). You are free to use your content in any manner you choose and will not be restricted by the terms of this agreement for the content you create.
- By posting on Crumbs platform, you are giving Crumbs a non-exclusive, perpetual, irrevocable, royalty-free worldwide license to reproduce, communicate, re-publish, display, delete (in whole or in part), edit, adapt, create derative works, or otherwise use such postings as we see fit, in our sole discretion, for the purpose of operating and providing Crumbs Services.
- If you believe that a posting or contribution violates these Terms or is infringing on anyone’s legal rights, please notify Crumbs immediately at “Helpdesk @ Crumbs.world”. Crumbs will investigate your allegations and take appropriate action, if it becomes necessary and appropriate. Such action may include removing the posting or contribution and/or banning the relevant User.
IV. License Grant
Crumbs grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use Crumbs Services, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms.
V. Cost and Pricing
Many of the Crumbs Services are offered free of charge to Crumbs Users. In the case when a service is fee based, the cost of information shall be posted either in the appropriate App Store where the mobile product is sold, or on the website where the service is offered.
- These Terms, and the limited license rights granted hereunder, shall remain in full force and effect unless terminated or canceled for any of the following reasons:
- Immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter, any of the software contained in or accessed through, the Crumbs Services;
- Immediately, by Crumbs, if you transmit or receive, using the Crumbs platform (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company or business entity;
- Immediately, upon discontinuance of the Crumbs Services; or
- Immediately, if you violate any of the other Terms of this agreement.
- You may terminate your member account at any time by simply removing all your posted content and stop using Crumbs Services or by sending an email to “info@Crumbs.world”.
- Crumbs may permanently or temporarily terminate or suspend your member account for any reason or no reason, without notice or liability to you.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL Crumbs BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR — USE OR MIS— USE OF Crumbs SERVICES.
You acknowledge that Crumbs reserves the right to, and that Crumbs may, from time to time, choose to monitor, any and all information transmitted or received through Crumbs Services. Crumbs, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information that Crumbs deems inappropriate (such as that specified in subparagraph (A)(2) of the Termination paragraph VI, above,) or that Crumbs determines violates any term or condition of this agreement.
VIII. Links to 3rd-Party Web Sites
Crumbs and you may post links on Crumbs platform to other web sites that are not under the control of Crumbs. Crumbs is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to the information contained in such web sites. Any such link posted here does not imply Crumbs endorses the web site, the organization operating such web site, nor any products or services of that organization. Your use of any links to any 3rt party web site pages or other web sites is entirely at your own risk.
In an effort to keep the Services affordable, Crumbs may place advertisement on or near your content. The kind of advertisement we post and the way we display it shall remain at our discretion.
IX. Communicating with Crumbs
If you wish to express concerns about Crumbs, its contributors or Services, you can provide constructive feedback to “firstname.lastname@example.org”. Feedback regarding technical questions about the Crumbs platform or its use, can also be submitted to that address. Contributions or comments to the Crumbs platform do not constitute notice to Crumbs for any purpose. No one is authorized to provide official responses to questions on behalf of Crumbs, except Crumbs.
X. Uses Not Permitted
Use of Crumbs Services, as defined and explained below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
- Illegal/Criminal Activity – Crumbs Services may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of personal information; and threats of physical harm or harassment.
- Security Violations – Crumbs Services may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DoS) attacks; and distributing viruses or other harmful software.
- Threats – Crumbs Services may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel and defamation.
- – Crumbs Services may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, you agree to adhere to the following requirements:
- Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, you shall not:
- Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or Crumbs personnel or others;
- Unreasonably annoy (particularly with SPAM) any other User;
- Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
- Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
- Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
- Sending chain letters;
- Sending identical messages to more than one (1) User at the same time;
- Performing, posting, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing); or
- Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
- You will not provide, post, contribute or otherwise distribute content that:
- Contains abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
- Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
Violates any right of Crumbs, or any 3rd-party;
- Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
- Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
- Interferes with any User’s uninterrupted use of Crumbs Services;
Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
Disrupts, interferes with, or otherwise harms or violates the security of the Crumbs platform, or any Services, system resources, servers or networks connected to, or accessible through, the Crumbs platform.
“Flames” any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY Crumbs.
- You are further prohibited from the following activities:
- Employing any mechanisms, software or scripts when using Crumbs Services. However, you may use the interfaces or software provided by Crumbs within the scope of the Services and in accordance with these Terms;
- Performing any actions that may impair the operability of Crumbs’s infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
- When feasible, it is Crumbs’s preference to give notice so that violations may be addressed voluntarily. However, Crumbs reserves the right to act without notice, when necessary, as determined by us, and in our sole discretion. Crumbs may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
- You may not use the Crumbs to collect personal information of other Users or to solicit others for business.
- XI. Complaints
- To make a formal complaint of copyright or other matter, send a signed, written letter of complaint to:
Crumbs.world Community Complaints
306 Milverton Bvld.
- The letter of complaint must:
- identify the posting in issue and include a copy of the posting and the location of the posting and describe with reasonable detail the offending behavior;
- identify the intellectual property right or other law, rule or regulation that is being infringed or violated; and
- provide information sufficient to permit Crumbs to contact you (e.g., email address, postal address and/or fax number).
- To the extent your complaint involves intellectual property rights, please note that Crumbs honors the intellectual property rights of others and asks the same of our Users. Crumbs may, in its sole discretion, terminate access of Users whose actions infringe or otherwise violate the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to Crumbs’s Designated Agent. If you believe that your work has been infringed, please provide Crumbs’s Designated Agent with the following information:
- A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyright works at a single online web site are covered by a single notification, a representative list of such works at that web site;
- Identification of the material that is claimed to be infringing or could 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 Crumbs to identify the material;
- A statement that the complaining party has a good faith belief that the use of the material in the manner of complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Crumbs’s Designated Agent may be contacted at the address in paragraph XI (A), above.
XII. Your Personally Identifiable Information
- By using Crumbs Services or e-mailing us, you will be supplying us with “personally identifiable information.” Crumbs collects this to administer and help you better utilize our Services, to contact you about postings or contributions, and generally, keep in touch with you.
- Crumbs may release information concerning your use our Services or disclosure of your personally identifiable information when Crumbs believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), or to enforce these Terms, to protect Crumbs rights or property or to protect other Users of the Community from fraudulent, abusive, or unlawful actions. Further, if Crumbs believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies immediate disclosure of records, we will release such information.
- To promote travel and tourism and to foster friendly competition among Crumbs members, Crumbs may publish your travel statistics which include, but not limited to, your name, your screen name, your biographical material, the countries or cities you have visited, the sights you have explored, and other data related to your trips.
Crumbs may pre-screen, verify or edit the content posted by you in the Community. Crumbs reserves the right to investigate any violation of the Terms of this agreement and to take remedial action, as it deems appropriate. Crumbs has the sole discretion to enforce these Terms, including, but not limited to, warning you of violations, disabling or suspending privileges and accessing, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms. If Crumbs decides it is necessary to remove any content, Crumbs may remove the post, in whole or in part, and any accompanying material, without notice to you.
XIV. Delays in Services; Force Majeure
Any delays in, or failure of, performance by Crumbs.world shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects or occurrences beyond Crumbs’s control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Crumbs shall have no responsibility to provide you with access to Crumbs Services while interruptions occur, due to any such or similar causes.
- You acknowledge that the information provided through Crumbs Services is compiled from sources that may be beyond the direct or indirect control of Crumbs. Though such information is recognized by the parties to be generally reliable, you acknowledge that inaccuracies may occur and Crumbs does not warrant the accuracy or suitability of the information for any particular purpose. Crumbs shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon.
- YOU ACKNOWLEDGE THAT Crumbs SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” BASIS. Crumbs EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, Crumbs DOES NOT REPRESENT OR WARRANT:
- THAT Crumbs SERVICES WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS;
- THAT THE ACCESS OR — USE OF Crumbs SERVICES WILL BE ERROR-FREE; OR
- THAT THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH Crumbs SERVICES OR THE RESULTS OF ANY SUCH PROCESSING WILL BE ERROR-FREE.
- YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
XVI. Limitation of Liability; Disclaimer of Consequential Damages
Crumbs SHALL NOT BE LIABLE TO YOU OR ANY 3rd-PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE — USE OF, OR PARTICIPATION IN, Crumbs SERVICES OR CONTENT. YOU ALSO AGREE THAT Crumbs SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE — USE OF OR INABILITY TO — USE Crumbs SERVICES FOR ANY PURPOSE WHATSOEVER, EVEN IF Crumbs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF Crumbs BY VIRTUE OF THESE TERMS OR BECA– USE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF Crumbs OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO TEN DOLLARS (USD$10.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. YOU ACKNOWLEDGE AND UNDERSTAND THAT Crumbs WILL — USE REASONABLE EFFORTS TO ASSURE THAT NO VIR– USES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH Crumbs SERVICES. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD Crumbs HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Crumbs FOR, AND AGAINST, ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER YOU, ARISING FROM OR RELATED TO YOUR ACCESS TO, AND — USE OF, Crumbs SERVICES, INCLUDING THE INFORMATION OBTAINED THROUGH Crumbs SERVICES.
XVIII. No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other documents relating to Crumbs Services, these Terms shall govern, whether such documents are prior or subsequent to these Terms.
XIX. Attorney’s Fees
If Crumbs takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, in addition to all sums to which it is entitled or any other relief, at law or in equity, Crumbs shall be entitled to recover from User and User agrees to pay, reasonable and necessary attorney’s fees and all costs of any litigation.
- Governing Law; Limitations; Venue
These Terms and the agreement it creates, shall be governed by the laws of the State of Nevada of the United States, excluding any conflicts of laws principle. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to, your access and use of Crumbs Services contemplated by these Terms, must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the appropriate court in the Clark County of Nevada State, and you agree to submit to the exclusive personal jurisdiction of such court.
If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of these Terms.
XXII. Data and Content Protection
- Crumbs recognizes that any personal data provided by you is extremely important and we shall be particularly sensitive in handling such personal data.
- You are advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by 3rd-parties. Nevertheless, Crumbs shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
- Crumbs does not offer a content storage service. You are strongly advised to keep a copy of any content (e.g. photography) you upload to the Crumbs platform. Any content you upload to Crumbs platform is for sharing with Crumbs users. In the event your uploaded content has been lost due to a hardware or software failure or operator error, your only resourse from which to obtain this content and re-upload it again shall be your own copy. Crumbs shall not be held responsible for such content loss.
XXIII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XXIV. Contact Information
Please contact Crumbs by sending an email to: info@Crumbs.world
XXV. Entire Agreement
These Terms constitute the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.