Last Revised: Sat Dec 10 16:33:57 2016 -0800
By entering this Site, You acknowledge that (A) You have read and understand these TOU and that You agree to be bound by the TOU as same may be amended from time to time; B) You are over the age of eighteen (18) years of age; (C) You shall comply with all applicable laws and regulations; and (D) the disclaimer, limitation of liability and indemnification provisions set forth in the TOU are an agreed upon allocation of risk and form an essential part of our agreement to permit You to use this Site, without which agreement Crash Restraint, LLC would not enter into this Agreement or permit You to use this Site.
You may not copy, reproduce, republish, transmit, disseminate, reverse engineer, reverse assemble, sell, or distribute in any way any material from this Site, including, without limitation, photographs, video, code, and software. You may in certain instances be permitted to upload information, photographs, and/or video to this Site subject to the express conditions hereof.
These TOU are for the sole benefit of the Parties hereto and is not intended to benefit any third parties to the Agreement.
II. Information Related to Minors
Crash Restraint, LLC will not post, nor tolerate the posting of, any information relating to individuals under the age of eighteen (18) years. Crash Restraint, LLC will not knowingly collect information, personal or otherwise, from individuals under the age of eighteen (18) years. The United States and various foreign, federal, state, and local jurisdictions impose significant penalties upon individuals and entities who contribute to the proliferation or use of pornography related to minors. If You seek underage material, exit the site immediately. YOU ARE HEREBY NOTIFIED THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW, CRASH RESTRAINT, LLC WILL COOPERATE IN THE INVESTIGATION OF ANY UNLAWFUL USE OF THE SITE OR ITS SERVICES. Any suspected underage material found on this Site should be reported here for a prompt investigation. Any such material found on other websites should be reported to asacp.org or to the CyberTip Hotline.
III. Registration Data; Account Security
In consideration of Your use of this Site, You agree to (A) provide accurate, current and complete information about You as may be prompted by any registration forms on the Site ("Registration Information"); (B) maintain the security of Your password and account credentials; (C) maintain and promptly update the Registration Information, and any other information You provide to Crash Restrain, LLC, to keep it accurate, current, and complete; and (D) be fully responsible for all use of Your account and for any actions that take place using Your account. Account credentials may not be used by more than one Member. In the event a Member is found to have shared account credentials with another person, the Member’s account may be terminated for breach of this Agreement.
IV. Correction of Errors and Inaccuracies
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Unless intended by the context of the display, the incidental display of products in this Site shall not constitute either an endorsement by Us of such products nor an offer by Us to sell such products.
V. Manner of Conduct
You understand that this Site is available for Your personal, non-commercial, and educational use only. You may not mirror any materials contained on this Site without prior written permission of Crash Restraint, LLC. You may not use any robot, spider, or other automatic device or manual process to screen scrape, monitor, mine, or copy any of the web pages of this Site or any content hereon. You represent, warrant, covenant, and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on this Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material.
a. Specific Restrictions on User-Uploaded Media
i. Age Verification
All persons depicted in the images or video that You stream and/or upload to the Site must be at least 18 years of age when the depiction was created.
ii. Section 2257 Compliance
You understand and agree that the Site acts as an online forum, therefore, should You determine that Your uploaded content contains sexually explicit conduct, then it is solely Your obligation to ensure that Your uploaded content is compliant with all requirements set forth in 18 U.S.C. §§ 2257 & 2257A et seq. and 28 C.F.R. Part 75.1 et seq., as amended ("Section 2257"), as well as other applicable federal, state, local, and/or foreign laws. Should You deem that Your uploaded content contains actual or simulated sexually explicit conduct, as defined by federal law, You represent and warrant that such content is compliant with Section 2257 and/or any similar relevant law in Your jurisdiction, by maintaining all required records and other data, in the manner required by Section 2257. You further acknowledge that it is Your legal obligation to comply with the labeling provisions of Section 2257, and that You must provide the information required by such labeling provisions for each depiction appearing in Your content, in addition to maintaining all required age records, URLs, and other information, indexed in the required manner. Nothing contained herein constitutes legal advice on compliance with Section 2257, or any other law or obligation.
iii. Publishing Policies
All user uploaded media must be consistent with the provisions of this Agreement and our internal publishing standards (hereinafter "Publishing Policies"). Any media that does not comply with such Publishing Policies will be rejected. In the event media is submitted that suggests or promotes violation of any law or regulation, the Member’s account will be terminated, and the individual will be banned from opening new accounts. In the event that media is rejected for less serious reasons, Crash Restraint, LLC may permit the Member to submit new media that complies with our Publishing Policies. In appropriate cases, We may identify the Publishing Policy that was violated, but are under no obligation to do so.
b. Review of User Submitted Content and Advertisements
Consistent with our "Good Samaritan" rights under 47 U.S.C. §230, We reserve the right, but are under no obligation, to review and/or reject any media, profile, or other content created and/or posted by You, and we may delete or cease access to any content without warning, although the Site undertakes no obligation to monitor Your content or take any such actions. We encourage members to report any violations of these restrictions by Members. Uploading prohibited depictions violates this Agreement, and may result in suspension or cancellation of Your account.
c. Community Policing:
You agree to cooperate with Crash Restraint, LLC in causing any unauthorized use to cease immediately. You are solely responsible for submitting any material that violates any United States or international laws even if a claim arises after Your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement. Nothing contained in this Agreement shall obligate Crash Restraint, LLC to monitor or investigate any use of its Services by its Members or other third parties, other than as required by applicable law.
VI. Governing Law; Severability; Entire Agreement; Statute of Limitations
This Agreement and any policies or documents incorporated into the Agreement by specific reference serves as the entire agreement between the Parties and may be amended upon notice by Crash Restraint, LLC. Crash Restraint, LLC may provide notice by E-mail, conventional mail, or by a general posting (indicated by the word "Notice") on its web page, but is not obligated to do so.
To the extent permitted by applicable law, You agree that, by using this Site, regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of, in connection with, or relating to, Your use of this Site and/or these TOU must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.
You shall indemnify, defend, and hold harmless Crash Restraint, LLC and its affiliates and their respective shareholders, directors, attorneys, members, managers, officers, employees and agents and their respective successors and/or assigns from and against any and all losses, liabilities, claims, suits, damages, judgments, fines, penalties, violations, actions, causes of action, proceedings, demands, costs, and expenses (including, without limitation, reasonable attorney’s fees, court costs, and disbursements) (collectively, "Claims"), arising out of, resulting from, or in connection with, Your use of this Site and/or any third party Sites and/or Your use of the products or services, if any, obtained through Your use of the Site. In any claim subject to indemnification hereunder, Crash Restraint, LLC shall control the defense (including settlement of claims). Crash Restraint, LLC shall be permitted to retain legal counsel of its choice in any claim subject to indemnification.
VIII. Ownership & Trademarks
The name Crash Restraint and related names and marks are owned by Crash Restraint, LLC, and may not be used in connection with any third-party marks, names, products, services, or otherwise. All other marks and names (including third-party product marks and names) are the property of their respective owners.
IX. User Content
X. Your License to Crash Restraint, LLC
XVI. Copyrights; Use of Content
All software used to operate or display this Site is the property of Crash Restraint, LLC or used licensed to Crash Restraint, LLC, and is protected by United States and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all the text, graphics, photographs, graphs, sounds, data, images, audio, and video clips available on this site except for User Content is the exclusive property of Crash Restraint, LLC and protected by United States and international copyright laws. Copyright © 2017 by Crash Restraint, LLC; ALL RIGHTS RESERVED.
We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to Our Members.
XVII. Special Relationships/Third Party Links
Links provided on this Site to third party sites are provided solely as a convenience to You and the provision of a link to a third party site does not constitute an endorsement by Crash Restraint, LLC of such third party site or its provider or any of the content, products or services contained or offered in such third party site.
Crash Restraint, LLC makes no representation or warranty, express, implied, or otherwise, concerning the accuracy, availability, or lawfulness of any third party site. The links to each third party Site are provided for reference and are not intended to state or imply that Crash Restraint, LLC is affiliated or associated with, or legally authorized to use any trade name, trademark, or copyrighted material contained in, such third party site.
Please note that when You click on a link to a third party site, You are clicking to another web site. We encourage You to read the privacy statement and policies of those linked sites as their terms and policies may differ from ours. We are not responsible for the terms, policies, or practices or the content of any third party site.
XVIII. No Agency/Employment Relationship
XIX. Violations of Terms
This Site and its contents, and the links to the third party sites and their contents, are provided on a strictly "as-is" and "as-available" basis and without warranties or representations of any kind, express or implied.
To the maximum extent permitted by law, Crash Restraint, LLC specifically disclaims all representations and warranties, express, implied, or otherwise, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this Site or the third party sites. No information or advice obtained from Crash Restraint, LLC, whether written or oral, shall create any warranty from Crash Restraint, LLC.
Crash Restraint, LLC expects users to take responsibility for their own actions and, accordingly, Crash Restraint, LLC does not assume any liability whatsoever for the acts of third parties or those posting User Content on the Site and assumes no liability whatsoever for any replies or any actions arising out of any replies to any advertisement posted in the Site. You waive any and all claims, rights, or remedies which You otherwise might have or be able to assert against Crash Restraint, LLC under all applicable laws, rules, and regulations that arise out of or in any way relate to User Content, Your use of the Site, and Crash Restraint, LLC’s response or failure to respond to any complaint You may make in connection therewith or otherwise.
Crash Restraint, LLC does not warrant that the functions contained in the materials furnished on this Site or any third party site will be uninterrupted, available, or error-free, that defects or errors will be corrected, or that this Site will be available, free from viruses or other harmful components. Crash Restraint, LLC shall not be responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights. Your use of this Site is strictly at Your own risk, which is voluntarily assumed.
Under all circumstances, including, without limitation, negligence and strict product liability, Your use of this Site and the third party sites is solely at Your own risk. Crash Restraint, LLC shall not be responsible for any direct, indirect, consequential, special, punitive, or other damages (whether liability is asserted in contract, tort, or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of goodwill, loss of or damage to property, or claims of third parties, arising out of, in connection with, or relating to Your use of this Site or any third party site Crash Restraint, LLC shall not be responsible for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights. In all events, the maximum liability of Crash Restraint, LLC to a fee-paying user, if any, shall be the amount such user paid to Crash Restraint, LLC within the immediately preceding twelve (12) month period.
Should You be dissatisfied with the Site or the content hereof or a third party site and the content thereof, Your sole and exclusive remedy is to discontinue use of this Site or such third party site. To the extent permitted by applicable law, the foregoing remedy shall apply even if Crash Restraint, LLC knew or should have known of the possibility of damages to You by use of the Site or a third party site.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XXII. Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances of causes beyond our reasonable control, including without limitation: (A) Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (B) War, riot, arson, embargoes, acts of civil or military authority, or terrorism; (C) Fiber cuts; (D) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (E) Failure of the telecommunications or information services infrastructure; and (F) Hacking, SPAM, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance.
XXIII. Section 230 Notice
You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. § 230(d), You are hereby informed that You can research such services by searching the Internet for "parental control protection" or similar terms. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Website or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Website or Services from being displayed or accessed by Your children or wards.
Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (as well as including third party content). We do not create such content, and We are not responsible for the publication of remarks or communications of third parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. In the event that any court finds that any third party communication or third party content on Our Website falls outside of the realm of the immunity provided by Section 230 of the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on Our Website. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.
XXIIV. Complete Agreement
This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Website and the Materials contained therein, and Your Membership with the Website, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.