CREWbiz® User Agreement
July 17, 2013
CREW Network® operates CREWbiz, a member-only business networking platform that allows CREW Network members to create unique personal profiles online in order to communicate with other CREW Network members to facilitate commercial real estate business networking. Member communications within the CREWbiz community are restricted to business-related messaging only. Use of the CREWbiz messaging system for non-professional communications is strictly prohibited.
This is a private online community that is limited to CREW Network members only. CREW Network members are strictly prohibited from sharing access to CREWbiz services with anyone outside of the CREW Network membership. Any CREW Network member who is found to be in violation of this policy will be subject to disciplinary actions as determined by the CREW Network Board of Directors, which could include revocation of CREWbiz access and up to revocation of the individual’s CREW Network membership.
The services offered by CREWbiz include any CREWbiz-branded URL (the CREWbiz Web site), CREWbiz messaging services (including, without limitation, CREWchat and CREWblog), CREW Communities and any new feature that may be added to CREWbiz from time to time. CREW Network reserves the right to add or remove new or changed branded URLs and features to CREWbiz at any time.
This User Agreement, as may be modified from time to time, (“Agreement”) constitutes legally binding terms and applies to your use of all CREWbiz services. By accessing and/or using CREWbiz, you agree to be bound by this Agreement. You are authorized to use the CREWbiz services only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration becoming a user of the CREWbiz services, you must indicate your acceptance of this Agreement during the registration process.
CREW Network reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the CREWbiz site. All material modifications will apply prospectively only. Your continued use of CREWbiz services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement to abide by all Applicable Law, you must discontinue use of CREWbiz services immediately. You may receive a copy of this Agreement by contacting us at firstname.lastname@example.org
Use of CREWbiz services and registration to be a user of CREWbiz services (“Membership”) is void where prohibited. By using CREWbiz 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) your use of CREWbiz services does not violate any Applicable Law.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use CREWbiz services or are a member of CREW Network. CREW Network reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, CREWchats™, CREWblogs™ or CREW Community™ postings) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the CREWbiz services at any time, for any or no reason, with or without prior notice or explanation, and without liability. CREW Network expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the CREWbiz services if the CREW Network Board of Directors determines, in its sole discretion, that you have violated this Agreement or pose a threat to CREW Network, its employees, business partners, members and/or users.
When you sign up to become a CREWbiz user, you will also be asked to set/reset your password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify CREW Network immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use by Members
CREWbiz services are for the use of CREW Network members only and may only be used for direct commercial real estate-related business purposes. CREW Network reserves the right to remove content in its sole discretion. Illegal and/or unauthorized use of the CREWbiz services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of CREW Network members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the CREWbiz services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from user profiles without notice or explanation and may result in termination of CREWbiz user privileges. CREW Network reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the CREWbiz services.
Proprietary Rights in Content on CREWbiz
CREW Network does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the CREWbiz services. After posting your Content on, through or in connection with the CREWbiz services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the CREWbiz services, you hereby grant to CREW Network a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the CREWbiz services, including, without limitation, through the CREWbiz services to applications, widgets, Web sites or mobile, desktop or other services which are linked with your CREWbiz account (collectively, “Linked Services”), including, without limitation, distributing part or all of the CREWbiz services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by CREW Network outside the CREWbiz services and Linked Services. This limited license does not grant CREW Network the right to sell or otherwise distribute your Content outside of the CREWbiz services or Linked Services. After you remove your content from the CREWbiz services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the CREWbiz services, CREW Network is under no obligation to delete or ask other users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
The license you grant to CREW Network is non-exclusive (meaning you are free to license your Content to anyone else in addition to CREWbiz), fully-paid and royalty-free (meaning that CREW Network is not required to pay you or anyone else deriving rights from you for the use on the CREWbiz services of the Content that you post), sublicensable (so that CREW Network is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the CREWbiz services).
You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the CREWbiz services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on, through or in connection with the CREWbiz services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the CREWbiz services and/or Linked Services.
The CREWbiz services contain Content of CREW Network ("CREW Network Content"). CREW Network Content is protected by copyright and trademark laws, and CREW Network owns and retains all rights to the CREW Network Content and the CREWbiz services. CREW Network hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the CREW Network Content (excluding any software code) solely for your personal use in connection with viewing the CREW Network Web site and using the CREWbiz services.
Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the CREWbiz services.
CREW Network performs technical functions necessary to offer the CREWbiz services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the CREWbiz services. In addition, you agree and acknowledge that CREW Network may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the CREWbiz services.
CREW Network reserves the right to limit the storage capacity of Content that you post on, through or in connection with the CREWbiz services.
Please choose carefully the information that you post on, through or in connection with the CREWbiz services and that you provide to other Users. Your CREWbiz profile may not include any form of Prohibited Content, as outlined in Content/Activity Prohibited Section below. Despite this prohibition, information, materials, products or services provided by other CREW Network members/CREWbiz users (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and CREW Network assumes no responsibility or liability for this material. If you become aware of misuse of the CREWbiz services by any person or Linked Service, please click on the "Contact CREW Network” or the “Report Abuse” link at the bottom of the CREWbiz pages.
CREWbiz may include various forums, blogs and chat rooms where you can post your commercial real estate business-related comments. CREW Network cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. CREW NETWORK IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
CREW Network may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of CREW Network violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. CREW Network assumes no responsibility for monitoring the CREWbiz services for inappropriate Content or conduct. If at any time CREW Network chooses, in its sole discretion, to monitor the CREWbiz services, CREW Network nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on, through or in connection with any of the CREWbiz services, and any material or information that you transmit to other CREWbiz users and for your interactions with other Users.
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the CREWbiz services. CREW Network reserves the right to investigate and take appropriate legal action against anyone who, in CREW Network’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the CREWbiz services, terminating access to CREWbiz of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to Content that, in the sole discretion of CREW Network:
- is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult Web site;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves unsolicited or non-CREW Network related commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the CREWbiz Web site and through your use of the CREWbiz services. CREW Network reserves the right to investigate and take appropriate legal action against anyone who, in CREW Network’s sole discretion, violates this provision, including, without limitation, terminating your access to CREWbiz, terminating your CREW Network membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
- advertising to, or solicitation of, any member to buy or sell any products or services through the unauthorized or impermissible use of the CREWbiz services. You may not transmit any chain letters or junk email to other members. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the CREWbiz services, you acknowledge that you will have caused substantial harm to CREW Network;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the CREWbiz services;
- activity that involves the use of viruses, bots, worms, or any other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the CREWbiz services other than your Content which you legally post on, through or in connection with the CREWbiz services;
- providing or using “tracking” or monitoring functionality in connection with the CREWbiz services, including, without limitation, to identify other Users’ views, actions or other activities on the CREWbiz services;
- covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any CREWbiz page via HL/CSS or any other means;
- any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
- interfering with, disrupting, or creating an undue burden on the CREWbiz services or the networks or services connected to the CREWbiz services;
- impersonating or attempting to impersonate CREW Network or a CREW Network employee, administrator or moderator, another member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile, or CREWbiz Profile URL;
- using or distributing any information obtained from the CREWbiz services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
- displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the CREWbiz services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by CREW Network, posting status or mood updates;
- relaying email from a third party's mail servers without the permission of that third party;
- using invalid or forged headers to disguise the origin of any Content transmitted to or through CREW Network’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
- using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the CREW Network Website for the purposes of sending unsolicited or unauthorized material;
- engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
- using the CREWbiz services in a manner inconsistent with any and all Applicable Law.
Protecting Copyrights and Other Intellectual Property
CREW Network respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is CREW Network’s policy to terminate, in appropriate circumstances, access to CREWbiz up to the CREW Network membership of repeat infringers.
You are solely responsible for your interactions with other CREWbiz users with whom you interact through the CREWbiz services and/or Linked Services. CREW Network reserves the right, but has no obligation, to become involved in any way with these disputes.
Use of the CREWbiz services is also governed by our Privacy Statement, which is incorporated into this Agreement by this reference.
CREW Network is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the CREWbiz services or Linked Services, by Users of the CREWbiz services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of CREW Network. In addition, CREW Network is not responsible for any damage, injury or loss caused by Users of the CREWbiz services or by any of the equipment or programming associated with or utilized in the CREWbiz services or Linked Services. Profiles and Linked Services created and posted by members on, though or in connection with the CREWbiz services may contain links to other Web sites or services. CREW Network is not responsible for the Content, accuracy or opinions expressed on such Web sites and services, and such Web sites and services are not necessarily investigated, monitored or checked for accuracy or completeness by CREW Network. Inclusion of any linked Web site or service on the CREWbiz services does not imply approval or endorsement of the linked website or service by CREW Network. When you access these third party sites and services, you do so at your own risk. CREW Network takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the CREWbiz services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. CREW Network is not responsible for the conduct, whether online or offline, of any User of the CREWbiz services or Linked Services. CREW Network assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. CREW Network is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CREWbiz services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the CREWbiz services or Linked Services. Under no circumstances shall CREW Network be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the CREWbiz services or Linked Services, from any User Content posted on or through the CREWbiz services or Linked Services, or from the conduct of any Users of the CREWbiz services, whether online or offline. The CREWbiz services and Linked Services are provided "AS-IS" and as available and CREW Network expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CREW Network cannot guarantee and does not promise any specific results from use of the CREWbiz services or Linked Services.
Limitation on Liability
IN NO EVENT SHALL CREW NETWORK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CREWBIZ SERVICES OR LINKED SERVICES, EVEN IF CREW NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CREW NETWORK’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CREW NETWORK FOR THE CREWBIZ SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls
Software available in connection with the CREWbiz services (the "Software") is further subject to United States export controls. No Software may be downloaded from the CREWbiz services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Kansas, without regard to its conflict of law provisions. You and CREW Network agree to submit to the exclusive jurisdiction of the courts located within the State of Kansas to resolve any dispute arising out of the Agreement or the CREWbiz services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold CREW Network, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the CREWbiz services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the CREWbiz services.
This Agreement is accepted upon your use of the CREWbiz Web site or any of the CREWbiz services and is further affirmed by you becoming a registered CREWbiz user. Your agreement with CREW Network will always include this Agreement at a minimum. Your access and use of certain CREWbiz services will require you to accept additional terms and conditions applicable to such certain CREWbiz services, in addition to this Agreement, and may require you to download Software or Content. The failure of CREW Network to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.