Terms of Services
1. Your Acceptance
The services offered by Crazy Earthlings ("CrazyEarthlings.com" or "we") include the CrazyEarthlings.com Website (the "Crazy Earthlings Website") and any other features, content, or applications offered from time to time by CrazyEarthlings.com in connection with the Crazy Earthlings Website (collectively, the "Crazy Earthlings Services"). The Crazy Earthlings Services are currently hosted in Singapore.
This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the Crazy Earthlings Services. By using the Crazy Earthlings Services, you agree to be bound by this Agreement, regardless of whether you as a "Visitor" to this Website (which means you simply browse the Crazy Earthlings Website) or you have registered with CrazyEarthlings.com as a "Member". The term "User" refers to a Visitor or a Member. You are only authorized to use the Crazy Earthlings Services if you agree to abide by all applicable laws, the terms and conditions ("the Terms of Service") of this Agreement as well the Crazy Earthlings' Privacy Policy and any other legal notices published by Crazy Earthlings Website. If you do not agree to any of these terms, then please leave now as you do not have permission to access this site.
CrazyEarthlings.com may modify this Agreement from time to time and such modification shall be effective upon posting by CrazyEarthlings.com on the Crazy Earthlings Website. You agree to be bound to any changes to this Agreement when you use the Crazy Earthlings Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any modifications.
Please be careful with the information you post on CrazyEarthlings.com and that you provide to other Users. Your CrazyEarthlings.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other CrazyEarthlings.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and CrazyEarthlings.com assumes no responsibility or liability for this material.
CrazyEarthlings.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Crazy Earthlings Services at any time, for any or no reason, with or without prior notice, and without liability.
The Crazy Earthlings Website may contain links to third party websites that are not owned or controlled by Crazy Earthlings. Crazy Earthlings has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Crazy Earthlings will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Crazy Earthlings from any and all liability arising from your use of any third-party Website. Accordingly, we encourage you to be aware when you leave the Crazy Earthlings Website and to read the terms and conditions and privacy policy of each other Website that you visit.
2. Website User Access
Use of and membership in the Crazy Earthlings Services is void where prohibited. By using the Crazy Earthlings Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you never use another's account without permission; (d) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service and (e) your use of the Crazy Earthlings Services does not violate any applicable law or regulation, including but not limited to online and offline laws, in Singapore or elsewhere. In any case, you affirm that you are over the age of 13, as the Crazy Earthlings Website is not intended for children under 13. If you are under 13 years of age, then please leave the Crazy Earthlings Website immediately.
Your profile may be deleted and your membership may be ceased without warning, if we believe that you are under 13 years of age.
You are solely responsible for the activity that occurs on your account, and you must secure your own account password. You must notify Crazy Earthlings immediately of any breach of security or unauthorized use of your account. Although Crazy Earthlings will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Crazy Earthlings or others due to such unauthorized use.
CrazyEarthlings.com has the full, unconditional rights to terminate Crazy Earthlings membership Website at any time without prior notice and has no obligation to continue to operate Crazy Earthlings membership site.
3. Intellectual Property Rights
The content on the Crazy Earthlings Website, except all User Postings (as defined below), including without limitation, the text, graphics, databases, HTML code, software, scripts, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Crazy Earthlings, subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions. Content on this Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
4. User Postings
A. The Crazy Earthlings Website may now or in the future permit the submission of other communications submitted by you and other users ("User Postings") and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, Crazy Earthlings does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Postings. In connection with User Postings, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Crazy Earthlings to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Postings to enable inclusion and use of the User Postings in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Postings to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, Crazy Earthlings Website does NOT claim any ownership rights in the Content that you post to the Crazy Earthlings Services and Crazy Earthlings also does not claim ownership of video copyrighted by other creators/authors.
C. In connection with User Postings, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Crazy Earthlings all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Crazy Earthlings or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Crazy Earthlings does not endorse any User Postings or any opinion, recommendation, or advice expressed therein, and Crazy Earthlings expressly disclaims any and all liability in connection with User Postings. Crazy Earthlings does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Crazy Earthlings will remove all Content and User Postings if properly notified that such Content or User Postings infringes on another's intellectual property rights. Crazy Earthlings reserves the right to remove Content and User Postings without prior notice. Crazy Earthlings will also terminate a User's access to its Website, if they are determined to be a repeat infringer that is a User who has been notified of infringing activity more than twice and/or has had a User Postings removed from the Website more than twice. Crazy Earthlings also reserves the right to decide whether Content or a User Postings is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Crazy Earthlings may remove such User Postings and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the Crazy Earthlings Website, you will be exposed to User Postings from various sources. Crazy Earthlings is NOT necessarily affiliated with sites that may be linked to this site and is NOT responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Crazy Earthlings Website and its subsidiaries and affiliates at this Website, DO NOT imply the endorsement or approval of such websites, products, services or publications by Crazy Earthlings Website or its subsidiaries and affiliates. Crazy Earthlings is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Crazy Earthlings with respect thereto, and agree to indemnify and hold Crazy Earthlings, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
E. Crazy Earthlings reserves the right to discontinue any aspect of the Crazy Earthlings Website at any time.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CRAZY EARTHLINGS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAZY EARTHLINGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CRAZY EARTHLINGS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CRAZY EARTHLINGS WEBSITE. CRAZY EARTHLINGS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CRAZY EARTHLINGS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CRAZY EARTHLINGS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL CRAZY EARTHLINGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CRAZY EARTHLINGS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CRAZY EARTHLINGS SHALL NOT BE LIABLE FOR USER POSTINGS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Crazy Earthlings from its facilities in Singapore. Crazy Earthlings makes no representations that the Crazy Earthlings Website is appropriate or available for use in other locations. Those who access or use the Crazy Earthlings Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
7. Indemnity
You agree to defend, indemnify and hold harmless Crazy Earthlings, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Crazy Earthlings Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Crazy Earthlings Website.
8. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crazy Earthlings without restriction.
9. General
You agree that: (i) the Crazy Earthlings Website shall be deemed solely based in Singapore; and (ii) the Crazy Earthlings Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Crazy Earthlings, either specific or general, in jurisdictions other than Singapore. These Terms of Service shall be governed by the Law of Singapore. Any claim or dispute between you and Crazy Earthlings that arises in whole or in part from the Crazy Earthlings Website shall be decided exclusively by a court of competent jurisdiction in Singapore. These Terms of Service, together with the Privacy Policy and any other legal notices published by Crazy Earthlings on the Website, shall constitute the entire agreement between you and Crazy Earthlings concerning the Crazy Earthlings Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Crazy Earthlings's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Crazy Earthlings reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Crazy Earthlings Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CRAZY EARTHLINGS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CRAZY EARTHLINGS WEBSITE MUST COMMENCE WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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