Crushnet TOS

Introduction

Welcome to Crushnet. By using the services available from the domain and sub-domains of
www.crushnet.com
(the "Site") you are agreeing to the following terms with Crushpad Inc. and the general principles for the web sites of our subsidiaries.

Before you may become a member of Crushnet, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement, you also agree that your use of other Crushnet or Crushpad branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites.

This Agreement is effective on April 1st, 2007 for current users, and upon acceptance for new users.

Using Crushnet

While using the Site, you will not:

• violate any laws or third party rights;
• use the Site if you are not able to form legally binding contracts, are under the age of 21, or are temporarily or indefinitely suspended from our Site;
• fail to deliver payment for wine purchased by you, unless a clear typographical error is made.
• manipulate the price of any wine or interfere with other user's wines;
• circumvent or manipulate the billing process, or fees owed to Crushpad;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• transfer your Crushpad account (including feedback) and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Crushpad, or the interests or property of Crushpad users;
• copy, modify, or distribute content from the Site and Crushpad's copyrights and trademark.
• harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Crushnet

Crushnet and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Fees and Services

Joining Crushnet is free. We do charge for all wine that is sold on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.)

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability

You will not hold Crushpad responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional winery.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Crushpad by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Crushpad and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Crushnet's national registered agent (in the case of Crushnet) or to the email address you provide to Crushnet during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.