CREWUP TERMS & CONDITIONS (1.0) OOWDIGITAL 2016
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CREWUP terms and conditions govern your use of this app; by using this app, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this app.
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1.INTRODUCTION
\n\nYou must be at least 18 years of age to use this app. By using this app and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
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2.LICENSE TO USE CREWUP
\n\nUnless otherwise stated, CREWUP and/or its licensor OOW PRODUCTIONS own the intellectual property rights in the app and material on the app. All these intellectual property rights are reserved.
\n\nYou may view, download for caching purposes only, and print pages from the app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
\n\nYou must not:
\n\na) Republish material from this app (including republication on another app/website);
\n\tb) Sell, rent or sub-license material from the app;
\n\tc) Show any material from the app in public;
\n\td) Reproduce, duplicate, copy or otherwise exploit material on the app for a commercial purpose;
\n\te) Edit or otherwise modify any material on the app belonging to the licensor; or
\n\tf) Redistribute material from this app (except for content specifically and expressly made available for redistribution).
\n\tWhere content is specifically made available for redistribution, it may only be redistributed within OOW PRODUCTIONS.
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3. ACCEPTABLE USE
\n\na) You must not use this app in any way that causes, or may cause, damage to the app. Or impairment of the availability or accessibility of the app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent purpose of activity.
\n\nb)You must not use this app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
\n\nc)You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this app without CREWUP’s consent.
\n\nd)You must not use this app to transmit or send unsolicited commercial communications.
\n\ne)You must not use this app for any purposes related to marketing without CREWUP’s consent.
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4. RESTRICTED ACCESS
\n\nAccess to certain areas of this app is restricted. CREWUP reserves the right to restrict access to (other) areas of this app, or indeed this entire app, at CREWUP’s discretion.
\n\nIf CREWUP provides you with a user ID and password to enable you to access restricted areas of this app or other content or services, you must ensure that the user ID and password are kept confidential.
\n\nCREWUP may disable your user ID and password in CREWUP’s sole discretion without notice or explanation.
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5.USER CONTENT
\n\nIn these terms and conditions “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this app, for whatever purpose.
\n\na) You grant to CREWUP a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CREWUP the right to sub-license these rights, and the right to bring action for infringement of these rights.
\n\nb) Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether you or CREWUP or a third party (in each case under the applicable law).
\n\nc) You must not submit any user content to the app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
\n\nCREWUP reserves the right to edit or remove any material submitted to this app, or stored on CREWUP’s servers, or hosted published upon this app.
\n\nNotwithstanding CREWUP’s rights under these terms and conditions in relation to user content, CREWUP does not undertake to monitor the submission of such content to, or the publication of such content on, this app.
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6.NO WARRANTIES
\n\nThis app is provided “as is” without any representations or warranties, express or implied. CREWUP makes no representations or warranties in relation to this app or the information and materials provided on this app.
\n\nWithout prejudice to the generality of the foregoing paragraph, CREWUP does not warrant that:
\n\na) This app will be constantly available, or available at all, or
\n\tb) The information on this app is complete, true, accurate or non-misleading.
\n\tNothing on this app constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional.
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7. LIMITATIONS OF LIABILITY
\n\nCREWUP will not be liable to you (whether under law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this app:
\n\na) To the extent that the app is provided to download free-of-charge, for any direct loss.
\n\tb) For any indirect, special or consequential loss; or
\n\tc) For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss of corruption of information or data.
\n\tThese limitations of liability apply even if CREWUP has been expressly advised of the potential loss.
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8. EXCEPTIONS
\n\nNothing in this app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this app disclaimer will exclude or limit CREWUPS liability in respect of any:
\n\na) Death or personal injury caused by CREWUP’s negligence;
\n\tb) Fraud or fraudulent misrepresentation on the part of CREWUP; or
\n\tc) Matter which it would be illegal or unlawful for CREWUP to exclude or limit, or to attempt or purport to exclude or limit, its liability.
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9. REASONABLENESS
\n\nBy using this app, you agree that the exclusions and limitations of liability set out in this app disclaimer are reasonable. If you do not think they are reasonable, you must not use this app.
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10. OTHER PARTIES
\n\nYou accept that, as a limited liability entity, CREWUP has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CREWUP’s officers or employees in respect of any losses you suffer in connection with the app.
\n\nWithout prejudice to the foregoing paragraph, you agree that the limitations or warranties and liability set out in this app disclaimer will protect CREWUP’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CREWUP.
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11. UNENFORCEABLE PROVISIONS
\n\nIf any provision of this app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this app disclaimer.
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12. INDEMNITY
\n\nYou hereby indemnify CREWUP and undertake to keep CREWUP indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CREWUP to a third party in settlement of a claim dispute on the advice of CREWUP’s legal advisers) incurred or suffered by CREWUP arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
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13.PAYMENTS AND PROCCESSING
\n\nCREWUP is free to download via the Appstore and Googleplay. To register for use of CREWUP the user will be charged through their iTunes or Googleplay account at conformation of purchase.
\n\nAuto renewable subsrciptions are available monthly($14.99AU/per month) or yearly($149.99 AU/per year).
\n\nSubscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
\n\nAccount will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
\nSubscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
No cancellation of the current subscription is allowed during active subscription period.
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14.BREACHES OF THESE TERMS AND CONDITIONS
\n\nWithout prejudice to CREWUP’s other rights under these terms and conditions, if you breach these terms and conditions in any way, CREWUP may take such immediate action as CREWUP deems appropriate to deal with the breach, including suspending your access to the app, prohibiting you from accessing the app, blocking computers using your IP address from accessing the app, contacting your internet service provider to request that they block your access to the app and/or bringing court proceedings against you.
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15.VARIATION
\n\nCREWUP may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this app from the date of the publication of the revised terms and conditions on this app. Please check this page regularly to ensure you are familiar with the current version.
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16.ASSIGNMENT
\n\nCREWUP may transfer, sub-contract or otherwise deal with CREWUP’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
\n\nYou may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
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17.SEVERABILITY
\n\nIf a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
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18.ENTIRE AGREEMENT
\n\nThese terms and conditions, constitute the entire agreement between you and CREWUP in relation to your use of this app, and supersede all previous agreements in respect of your use of this website.
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CREWUP TERMS & CONDITIONS 1.0 by OOWDIGITAL 2016
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