END-USER LICENSE AGREEMENT FOR CRACKULOUS
This is an agreement between Crackulous, the owner and developer of Crackulous, and other related URLs, domains, sub-domains and affiliated domains or URLs, and this agreement shall govern your complete use of this application. Where used in this agreement, the Application shall refer to Crackulous, the developer of the website Crackulous, and any of its subsidiaries, affiliates, agents, officers, or attorneys.
You must read, agree with, accept, and understand all of the terms and conditions contained herein or referenced to by this agreement including all terms and conditions expressly set forth below or incorporated herein by reference, before you may commence your use of this Application or Services. This agreement shall be considered effective upon the earlier of (1) your first use of this Application or its services, for any reason; or (2) your acceptance of this agreement as a new user of the Application.
Use of this Application is restricted to persons who are (a) eighteen (18) years of age or who are old enough in their jurisdiction to enter into contracts, whichever is older, and who (b) reside in, or have a primary business address in either the United States or Canada. You shall not, under any circumstances, use this Application in representation of, or as a business entity, corporation, or other non-human person, without prior written consent from Crackulous. If you are under eighteen (18) years of age, do not have the capacity to enter into a contract for any reason, are easily offended, or are accessing this Application from a country or other jurisdiction where such access is prohibited, restricted, or illegal, or where any of the materials located in this Application are prohibited, restricted or illegal, then you do not have permission from Crackulous to use this Application, and are hereby forbidden and prohibited from using this Application.
Your use of this Application shall be solely for your personal use. As a condition of your use of this Application, you represent and warrant to Crackulous that you will not use this Application for any unlawful or illegal purpose, or for any purpose that is prohibited by this agreement or related agreements. You shall not use this Application with any use that has the potential to infringe the rights of any third party. Additionally, you shall not attempt to obtain any source code related to or part of this Application.
You may not use this Application or any services provided to you through this Application to violate the legal rights of others, including their rights to privacy and publicity. You may not use this Application or any services provided to you through this Application to publish, post, distribute, disseminate, or link to any software or material protected by applicable intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own and control such rights or have received all necessary licenses and consents from those who own and control such rights. You may not use this Application or any services provided to you through this Application to publish, post, distribute, disseminate, or link to software or other material that contains viruses, corrupted files, or that may or is intended to damage the operation of another computer, computer system, network or related hardware, software or systems. You may not use this Application or any services provided to you through this Application to violate the rights of any third parties, including, but not limited to, copyright, trademark, trade secrets, patents, naming, or publicity rights. You may not use this Application or any services provided to you through this Application to violate any applicable governmental laws or regulations.
You are forbidden from modifying, copying, distributing, transmitting, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products, services or benefits obtained from the Application, except as expressly provided herein. At all times, you shall remain solely responsible for all information provided by you.
You are solely responsible for safeguarding the confidentiality of any authentication materials provided to you in order for you to use the Application or its services, and are solely responsible for any use or misuse of your account or the services on the Application resulting from your use or the use of authentication materials issued to you by a third party. You agree to notify Crackulous without delay in the event of such a breach of security or violation of this agreement.
Unless otherwise specified, the use of this Application is free of charge. Where it is required for you to pay fees, Crackulous reserves the right to terminate your access to the Application should you default in payment of such fees, and Crackulous reserves the right to utilize information provided by you in order to take legal action to obtain such owed monies and fees including filing an action against you or providing such information and claims to an appropriate collection agency.
Crackulous is in no way responsible for the content of this Application or of any website owned or operated by a third party that may be linked to or from this, whether such link is provided Crackulous or a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any website to which this Application may link, including information on the website regarding the Application.
You agree that use of Crackulous' services and the Application is at your sole risk and that the services are provided to you on an "as is" basis and an "as available" basis. Crackulous expressly disclaims all warranties of any kind, express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Crackulous makes no guarantee that any of the materials or information represented in the Application are valid or are what they are claimed to be, and is not responsible for any such discrepancies. You are solely responsible for ensuring that you have adequate an internet connection, device, and network infrastructure and any other materials or equipment to use this Application. Your download or use of any information or materials located in this Application is at your own risk, and you shall be solely responsible for any damages resulting from any such download or use or use of such information or materials in other uses. No advice or information that you may obtain from Crackulous shall create any warranty not expressly stated therein or herein.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or the use of the Application or its services must be commenced within six (6) months; otherwise you shall be permanently barred from such a cause of action.
In no event shall Crackulous, its affiliates, subsidiaries, officers, directors, employees, attorneys, agents, or supplies be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with the Application, the services or this agreement however arising, including by gross negligence on the part of Crackulous. In no event shall Crackulous be liable to you for more than the amount of fees you have paid to use Crackulous in the three (3) months prior to the action giving rise to the liability. You agree to indemnify and hold harmless, Crackulous, and as applicable Crackulous' parent, subsidiaries, affiliates, officers, directors, agents, and employees, from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising out of your use of the Application or the services, your breach of this agreement or the documents it incorporates by reference, or your violation of any law, statute, or ordinance or the rights of any third party.