USE OF SITE

1. Electronic Communications

Users agree that visiting CricketsCrush.com (CC) or sending emails to CricketsCrush.com constitutes an electronic communication. Buyer consents to receive communications and agrees that all agreements, notices, disclosures and other communications that CricketsCrush.com sends electronically, via email or on the site, satisfy any legal requirement that such communications be in writing.

2. Links to third party sites/ third party services

Users agree that CricketsCrush.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CC and CC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CC of the site or any association with its operators.

Users agree that certain services made available via CricketsCrush.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the CricketsCrush.com domain, you hereby acknowledge and consent that CC may share such information and data with any third party with whom CC has a contractual relationship to provide the requested product, service or functionality on behalf of CricketsCrush.com user and customers.

3. No unlawful or prohibited use/Intellectual Property

Users agree that they are granted a non-exclusive, non-transferable, revocable license to access and use CricketsCrush.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interface with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Users agree that all content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CC or its suppliers and protected by copyrighted and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Users agree that they will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. Users will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CC and the copyright owner. Users agree that you do not acquire any ownership rights in any protected content. We do not grant users any licenses, express or implied, to the intellectual property of CC or our licensors except as expressly authorized by these Terms.

4. Third-Party Accounts

You will be able to connect to you CC account to third party accounts. By connecting your CC account to your third party account, you acknowledge and agree that your consenting to the continuous release of information about you to others ( in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in these manner, do not use this feature.

5. International Users

The Service is controlled, operated and administered by CC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CC Content accessed through CricketsCrush.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Legal

1. Indemnification

Users agree to indemnify, defend and hold harmless CC, its officers, directors, employees, agents and third parties, for the losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CC in asserting any available defenses.

2. Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION NEREIN. CRICKETSCRUSH INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANYTIME.

CRICKETSCRUSH INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE STIE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERCIES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CRICKETSCRUSH, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLIITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRICKETSCRUSH INC AND/OR IT’S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMIT, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STICT LIABILITY OR OTHERWISE, EVEN IF CRICKETSCRUSH INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

3. Termination/access restriction

CC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at anytime, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to provisions of these Terms, including, without limitation, this section.

Users agree that no joint venture, partnership, employment, or agency relationship exists between you and CC as a result of this agreement or use of the Site. CC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provisions that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

4. Change of Terms

CCI welcomes your questions or comments regarding the Terms:

CricketsCrush, Inc

New York, NY 10029

Email Address: info@cricketscrush.com

Effective as of March 1st, 2014