Crenger Terms of Use

1. Your use of Crenger’s software, services and web site (referred to collectively as the “Services” in this document) is subject to the Terms of a legal agreement between you and Crenger, whose principal place of business is Toronto, Canada.

2. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
  1. clicking to accept or agree to the Terms, where this option is made available to you by Crenger in the user interface for any Service; or
  2. by actually using the Services. In this case, you understand and agree that Crenger will treat your use of the Services as acceptance of the Terms from that point onwards.

3. Crenger is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Crenger provides may change from time to time without prior notice to you.

4. As part of this continuing innovation, you acknowledge and agree that Crenger may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Crenger’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Crenger when you stop using the Services.

5. You acknowledge and agree that if Crenger disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

6. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

7. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

8. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

9. You agree that you are solely responsible for (and that Crenger has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Crenger may suffer) of any such breach.

10. You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”

11. You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by Crenger or advertisers who provide that Content to Crenger (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Crenger or by the owners of that Content, in a separate agreement.

12. Crenger reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

13. You agree that you are solely responsible for (and that Crenger has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Crenger may suffer) by doing so.

14. You acknowledge and agree that Crenger owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

15. Crenger acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

16. Unless you have agreed otherwise in writing with Crenger, you agree that you are responsible for protecting and enforcing those rights and that Crenger has no obligation to do so on your behalf.

17. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

License from Crenger

18. Crenger gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Crenger as part of the Services as provided to you by Crenger (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Crenger, in the manner permitted by the Terms.

19. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Crenger, in writing.

20. You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

21. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.

Software updates

22. The Software which you use may automatically download and install updates from time to time from Crenger. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Crenger to deliver these to you) as part of your use of the Services.

Ending your relationship with Crenger

23. The Terms will continue to apply until terminated by either you or Crenger as set out below. Crenger may at any time, terminate its legal agreement with you if:
  1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  2. Crenger is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  3. Crenger is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
  4. the provision of the Services to you by Crenger is, in Crenger’s opinion, no longer commercially viable.

Exclusion of warranties

24. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”
25. Crenger does not warrant to you that:
  1. your use of the services will meet your requirements
  2. your use of the services will be uninterrupted, timely, secure or free from error
  3. any information obtained by you as a result of your use of the services will be accurate or reliable, and
  4. that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
26. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

27. No advice or information, whether oral or written, obtained by you from Crenger or through or from the services shall create any warranty not expressly stated in the terms.
28. Crenger further expressly disclaims all warranties and conditions 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.

Limitation of liability

29 You expressly understand and agree that Crenger shall not be liable to you for:
  1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
  2. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
  3. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
  4. any changes which Crenger may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
  5. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
  6. your failure to provide Crenger with accurate account information;
  7. your failure to keep your password or account details secure and confidential;
The limitations on Crenger’s liability to you in paragraph 29 above shall apply whether or not Crenger has been advised of or should have been aware of the possibility of any such losses arising.

Advertisements

30. The manner, mode and extent of advertising by Crenger on the Services are subject to change without specific notice to you. In consideration for Crenger granting you access to and use of the Services, you agree that Crenger may place such advertising on the Services.
31. The Services may include hyperlinks to other web sites or content or resources. Crenger may have no control over any web sites or resources which are provided by companies or persons other than Crenger..

Changes to the Terms

32. Crenger may make changes to Terms from time to time. You understand and agree that if you use the Services after the date on which the Terms have changed, Crenger will treat your use as acceptance of the updated Terms.
33. You agree that Crenger may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

January 1, 2018