Terms of Use Agreement

1. ACCEPTANCE OF TERMS

Please read these Terms of Use carefully before using any of the services of this site or any other site owned and operated by Crazy Pirate Software. The services that Crazy Pirate Software provides to you are subject to the following Terms Of Use. You agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services of Crazy Pirate Software.

2. MODIFICATIONS OF TERMS OF USE

Crazy Pirate software reserves the right, at its sole discretion, to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our site.

3. DESCRIPTION OF SERVICES

Subject to full compliance with the Terms of Use, Crazy Pirate Software may offer to provide certain services and content, as described more fully on the Site or in any of its software, ("Services"). Services shall include, but not be limited to, any service and content Crazy Pirate Software performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Crazy Pirate Software may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Crazy Pirate Software may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Crazy Pirate software.

By way of example, and not as a limitation, you agree not to use the Services:

  1. to abuse, harass, threaten, impersonate or intimidate other users;
  2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
  5. to create or submit unwanted email ("Spam") to any other Crazy Pirate Software users or any URL;
  6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  7. to post messages or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs, or off-topic content;
  8. by using any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  9. with the intention of artificially inflating or altering the content, comments, or any other service, including by way of creating separate user accounts for the purpose of artificially altering Crazy Pirate Software's services; giving or receiving money or other remuneration or participating in any other organized effort that in any way artificially alters the results of Crazy Pirate Software's services;
  10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  11. attempt to impersonate another user or person;
  12. sell, attempt to sell or otherwise transfer your profile to another user or person.
  13. IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD PARTY, TO MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER.


Crazy Pirate Software may remove any Content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: support@crazypiratesoftware.com

You are solely responsible for your interactions with other users of the Site. Crazy Pirate software reserves the right, but has no obligation, to monitor disputes between you and other users.

5. CRAZY PIRATE SOFTWARE PRIVACY POLICY

Crazy Pirate Software's privacy policy is available here or by clicking on the "Privacy Policy" hypertext link located at the bottom of our site, and is incorporated by this reference.

6. INDEMNITY

You will indemnify and hold harmless Crazy Pirate Software, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Crazy Pirate Software User ID, of any intellectual property or other right of any person or entity.

7. WARRANTY DISCLAIMERS

You acknowledge that Crazy Pirate Software has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Crazy Pirate Software from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Crazy Pirate Software makes no representations concerning any content contained in or accessed through the Site or Services, and Crazy Pirate Software will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Crazy Pirate Software has no control over such sites and resources, you acknowledge and agree that Crazy Pirate Software is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Crazy Pirate Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRAZY PIRATE SOFTWARE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) 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; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) 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; (II) ANY CHANGES WHICH CRAZY PIRATE SOFTWARE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) 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; (III) YOUR FAILURE TO PROVIDE CRAZY PIRATE SOFTWARE WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON CRAZY PIRATE SOFTWARE'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT CRAZY PIRATE SOFTWARE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10. TERMINATION

Crazy Pirate Software may terminate or suspend any and all Services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Crazy Pirate Software in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Crazy Pirate Software shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Crazy Pirate Software's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Crazy Pirate Software's prior written consent. Crazy Pirate Software may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Pennsylvania (PA), as if made within PA between two residents thereof. Notwithstanding the foregoing sentence, (but without limiting Crazy Pirate Software's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to arbitration. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Pennsylvania using the English language. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.