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CrewPix.com ¤
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Please review the CrewPix.com Terms of Service
PLEASE FAMILIARIZE YOURSELF WITH THESE TERMS OF SERVICE. THE TERMS OF SERVICE
MAY CHANGE FROM TIME TO TIME. PLEASE CHECK BACK HERE TO FIND OUT YOUR RIGHTS AND
OBLIGATIONS IN USING THESE SERVICES.
We reserve the right to reject any requested address for any reason
You may not use these addresses to say you represent CrewPix.com
You may not register misleading or deceptive addresses
You may not use these email addresses for spamming, sending objectionable content, or any illegal activity
You are solely responsible for your use of this address
1. ACCEPTANCE OF TERMS
Welcome to CrewPix.com . CrewPix provides its service to you subject to the
following Terms of Service ("TOS"), whether or not you have registered for the
service. These TOS may be updated by CrewPix.com from time to time. You can
review the most current version of the TOS at any time at http://CrewPix.com/tos.htm
In addition, when using particular CrewPix.com services, you shall be subject to
any posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
2. DESCRIPTION OF SERVICE
CrewPix.com provides users with access to a rich collection of on-line
resources, including various communications tools, online forums, shopping
services, personalized content (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new CrewPix.com service, shall be subject to these TOS.
You understand and agree that the Service is provided "AS-IS" and that
CrewPix.com assumes no responsibility for the timeliness, deletion, misdelivery
or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay any
service fees associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide Web, including a
computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
a. provide true, accurate, current and complete information about yourself if
prompted by the Service’s registration form (such information being the
"Registration Data") and maintain and promptly update the Registration Data to
keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or
incomplete, or CrewPix.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, CrewPix.com has
the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
4. CrewPix.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, please see our full privacy policy at
http://CrewPix.com/privacy.htm
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service’s registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. CrewPix.com cannot and
will not be liable for any loss or damage arising from your failure to comply
with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
CrewPix.com, are entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Service. CrewPix.com does not control the
Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will CrewPix.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to use the Service in a courteous and co-operative manner, and so as
to not abuse the Service or the custom and user-etiquette in place from time to
time. You agree that you will not use the Service so as to violate the law, to
misuse the proprietary information or property of others, or to make
publications which are threatening or defamatory or otherwise injurious to the
safety, business or reputation of others. Without limiting the generality of the
foregoing, you also agree not to do any of the following:
upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable;
harm minors in any way;
any person or entity, including, but not limited to, a CrewPix.com official,
forum leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
upload, post, email or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any
party;
upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose;
upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
"stalk" or otherwise harass another;
engage in deceptive marketing or advertising practices;
collect or store personal data about other users; or
access the Services for the purpose of data mining or extracting content from
the Services beyond your personal end use.
You acknowledge that CrewPix.com does not pre-screen Content, but that
CrewPix.com and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, CrewPix.com and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by CrewPix.com or submitted to
CrewPix.com, including without limitation information in CrewPix.com Message
Boards, CrewPix.com Galleries, and in all other parts of the Service.
You acknowledge and agree that CrewPix.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of CrewPix.com, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of data
exported from Canada.
8. PUBLIC CONTENT POSTED TO CrewPix.com
For purposes of the TOS, "publicly accessible areas of the Service" are those
accessible by the general public. By way of example, a publicly accessible area
of the Service would include public CrewPix.com Galleries and CrewPix.com
Message Boards, but would not include private communication services such as
CrewPix.com Mail.
With respect to Content you elect to post for inclusion in publicly accessible
areas of CrewPix.com or that consists of photos or other graphics you elect to
post to any other publicly accessible area of the Service, you grant CrewPix.com
the world-wide, royalty free and non-exclusive license to reproduce, modify,
adapt and publish such Content on the Service solely for the purpose of
displaying, distributing and promoting the specific CrewPix.com Club to which
such Content was submitted, or, in the case of photos or graphics, solely for
the purpose for which such photo or graphic was submitted to the Service. This
license exists only for as long as you elect to continue to include such Content
on the Service and shall be terminated at the time you request to delete such
Content from the Service.
With respect to all other Content you elect to post to other publicly accessible
areas of the Service, you grant CrewPix.com the royalty-free, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part) world wide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed.
9. INDEMNITY
You agree to indemnify and hold CrewPix.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
all damages, costs, liabilities, and any claim or demand, including reasonable
lawyers’ fees, made by any third party, due to or arising out of Content you
submit, post to or transmit through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another person, or due to or arising from such activities carried out
by a person using your computer facilities, CrewPix.com account or password,
with your knowledge.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CrewPix.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on CrewPix.com’s servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that CrewPix.com has
no responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service including without limitation messages
and other communications. You acknowledge that CrewPix.com reserves the right to
delete accounts that are inactive for an extended period of time. You further
acknowledge that CrewPix.com reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
CrewPix.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that CrewPix.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
By using the Service, you do not acquire any rights to the Service other than a
limited license to use it as provided herein, which can be terminated in
accordance with this section. You agree that CrewPix.com, in its sole
discretion, may terminate your password, account (or any part thereof) or use of
the Service, and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if CrewPix.com
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. CrewPix.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and agree that
CrewPix.com may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or the Service. Further, you agree that CrewPix.com shall not be liable to
you or any third- party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that CrewPix.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because CrewPix.com has no control over such sites and
resources, you acknowledge and agree that CrewPix.com is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that CrewPix.com 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 site or resource.
16. CrewPix.com’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws, whether or not applied for. Except as
expressly authorized by CrewPix.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
CrewPix.com grants you a personal, non-transferable and non-exclusive right and
license for the sole purpose of accessing the Service to use the object code of
its Software on a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is provided by
CrewPix.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. CrewPix.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
CrewPix.com MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED;
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL;
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
CrewPix.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CrewPix.com SHALL NOT BE LIABLE FOR ANY,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA,
FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF
CrewPix.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) INVALID
DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS
REQUESTED THROUGH THE SERVICES OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
20. Deleted
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service. While CrewPix.com
may give you notices from time to time, it is not obligated to do so.
22. TRADEMARK INFORMATION
CrewPix.com, the CrewPix.com logo and other CrewPix.com logos and product and
service names are trademarks of CrewPix.com. (the "CrewPix.com Marks"), whether
or not registered. Without CrewPix.com’s prior permission, you agree not to
display or use in any manner, the CrewPix.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
CrewPix.com respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide CrewPix.com’s Copyright Agent
the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
CrewPix.com’s Copyright Agent for Notice of claims of copyright infringement on
its site can be reached as follows:
Copyright Agent
c/o CrewPix.com
3520 Stonecutter Cres
Mississauga, ON L5M 7N6
By phone: 416-352-5367
By fax: 416-352-5367
By email:copyright@CrewPix.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and CrewPix.com and govern
your use of the Service, superseding any prior agreements between you and
CrewPix.com. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and CrewPix.com shall be
governed by the laws of Ontario, Canada. You and CrewPix.com agree to submit to
the personal jurisdiction of the courts located within Ontario, Canada in
relation to claims arising under or related to the TOS. The failure of
CrewPix.com to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to us.
Copyright © 2003 CrewPix.com All rights reserved. Terms of Service
To learn more about how we use your information, see our Privacy Policy
To get your FREE CrewPix / FilmCrew / Filmshoot / Shoots email address, simply do any of the following:
1. Add a link to CrewPix.com on your website - click here to do that
2. Complete the CrewPix Demographic Survey - click here
3. Register for the CrewPix Discussion Boards - click here
4. Submit some photos - click here
5. Send us an email begging for one
If you have already done any of these things, just let us know and we will hook you up