Thank you for choosing Crash! We hope you enjoy using our application. Please note that once you start using the application, you agree to the following Terms of Service. If you do not agree to these terms of Service, then please do not use the application. 1. Your Acceptance By using or accessing the Crew Mobile Technologies LLC (“Crew”) application or any Crew products, software, data feeds, and services provided to you on, from, or through the Crew application (collectively the “Application”) you agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, do not use the Application. If you wish to later withdraw your consent to the Terms off Service, you must close your Crew User Account, stop using the Application, and then delete it. Although Crew may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.crewmobile.com/. Crew will maintain a list and copies of each version of these Terms of Service with their effective dates. Crew may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions if you continue to use the Application thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. 2. Eligibility IF YOU VIOLATE ANY OF THE FOLLOWING ELIGIBILITY REQUIREMENTS, CREW RESERVES THE RIGHT TO DEACTIVATE YOUR CREW USER ACCOUNT. You must be at least thirteen years of age to use the Application. If you are under thirteen years of age, you must obtain the informed consent of your parents and/or legal guardians to use or access the Application in accordance with these Terms of Service. You represent and warrant that you have the right, authority and capacity to agree to and abide by these Terms of Service and, if you are under thirteen years of age, that you have obtained the informed consent of your parents and/or legal guardians to use or access the Application. You represent and warrant that you have not been convicted of any felony and are not required to register as a sex offender with any government authority. You represent and warrant that you will not use the Application to conduct or induce an illegal activity. 3. Service These Terms of Service apply to all users of the Application, including users who contribute Content on the Application. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features or other materials which may be viewed on, accessed through, or contributed to the Application. The Application may contain links to third-party websites that are not owned or controlled by Crew. Crew has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Crew will not and cannot censor or edit the content of any third-party site. By using the Application, you expressly relieve Crew from any and all liability arising from your use of any third-party website. Crew reserves the right to discontinue any feature of the Application without prior notice. 4. Application User Accounts In order to access some features of the Application, you will have to create an Application user account. You may never use another's Apllication’s user account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Application user account. You must notify Crew immediately of any breach of security or unauthorized use of your Application user account. Although Crew will not be liable for your losses caused by any unauthorized use of your Application user account, you may be liable for the losses of Crew or others due to such unauthorized use. 5. General Use of the Application Crew hereby grants you permission to access and use the Application as set forth in these Terms of Service, provided that: You agree to interact in a civil and respectful manner with other users of the Application. For clarity, this means that you agree not to post, upload, display, or otherwise make available Content that: promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; requests money from, or is intended to otherwise defraud, any individual; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or disseminates another person’s personal information without his or her permission. You agree not to use the Application to harass or stalk any other person. You agree not to use the Application to infringe the privacy rights, property rights, or any other rights of any other person. You agree not to distribute in any medium any part of the Application or the Content without Crew's prior written authorization, unless Crew makes available the means for such distribution through functionality offered by the Application. You agree not to alter, modify, build upon or block any part of the Application. You agree to access all Content through the Application. You agree not to post any Content that may be considered sexually explicit, obscene, violent, libelous, slanderous, or that infringes upon the rights of any person or entity (as determined in Crew’s sole discretion). The Application’s audience is comprised of consumers of various age, gender, race, religion, ethnicity, and sexual orientation and multiple complaints from users and/or repeated violations of this policy will be considered cause for termination. You agree not to use the Application for any commercial use unless you obtain Crew's prior written approval. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Application in a manner that sends more request messages to the Crew servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Application, nor to use the communication systems provided by the Application (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Application with respect to their Content. In your use of the Application, you will comply with all applicable laws. 6. Your Use of Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content: Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Application and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Crew or the respective owners and/or licensors of the Content. Crew and its licensors reserve all rights not expressly granted in and to the Application and the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any Content. You understand that when using the Application, you may be exposed to Content from a variety of sources, and that Crew is not responsible for the accuracy, reliability, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Crew with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Crew, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Application. 7. Your Content and Conduct As a Crew user account holder you may submit Content to the Application. You understand that Crew does not guarantee any confidentiality or anonymity with respect to any Content you submit. You hereby agree that any Application Content that you submit, including, but not limited to, trademarks, service marks and logos, is owned by or licensed to Crew, subject to copyright and other intellectual property rights under the law, for the term of this agreement. You shall be solely responsible for your own Content and for the consequences of the publication on the Application of Content that you submit. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Crew all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Application pursuant to these Terms of Service. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Crew, you hereby grant Crew a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Application and Crew's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Content and/or Application (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Application a non-exclusive license to access your Content through the Application, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Application and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable. You further agree that Content you submit to the Application will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Crew all of the license rights granted herein. Upon request by Crew you will provide evidence of such authority or permission. Crew does not endorse any Content submitted to the Application by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Crew expressly disclaims any and all liability in connection with Content. Crew does not permit copyright infringing activities and infringement of intellectual property rights on the Application, and Crew will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Crew reserves the right to remove Content without prior notice. 8. Interactions With Other Users YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER APPLICATION USERS. YOU UNDERSTAND THAT CREW CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. CREW ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS APPLICATION’S USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS APPLICATION’S USERS. CREW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF ITS APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE APPLICATION USERS. CREW RESERVES THE RIGHT, BUT NOT THE OBLIGATION, TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL CREW BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS APPLICATION OR PERSONS YOU MEET THROUGH THIS APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT CREW MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR EXPERIENCES WITH INDIVIDUALS YOU MEET THROUGH THE APPLICATION. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS. 9. Account Termination Policy Crew reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, libel, slander, harassment or excessive length. Crew may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a Crew user's account for submitting such material in violation of these Terms of Service, or for any other violation of these Terms of Service. If Crew obtains actual knowledge that a user is under the age of thirteen, Crew will terminate that user’s Crew User Account. If Crew obtains actual knowledge that a user under the age of seventeen has not obtained the consent of his or her parents and/or legal guardians, Crew will terminate that user’s Crew User Account. 10. Privacy Policy Crew may collect personally identifiable information from Facebook and from you when you download and install the Application, use the Application, or otherwise choose to provide personal information to Crew, such as when you contact Crew with a question. Personally identifiable information is any information that can be used to identify or locate a particular person or entity. Crew uses your personally identifiable information to send you information or answer your questions, to track your compliance with the Terms of Service, to manage and improve the Application, and to personalize your experience. At the present time, Crew does not sell or rent your personally identifiable information to others. However, Crew reserves the right to share your personally identifiable information: (a) as requested by you for the provision of Content or services from Crew or third-parties in connection with the Application; (b) where required by law, or requested by a court of competent jurisdiction; (c) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Crew’s business, assets or stock; (d) where you are in violation of the Terms of Service; (e) in the case of a dispute; (f) where Crew determines, in its sole discretion, that such disclosure is necessary to protect Crew’s rights or the rights of a third party, or is necessary to protect Crew from liability of any kind; or (g) to manage and improve the Application. Crew endeavors to safeguard and protect your information. When you submit personally identifiable information to Crew, it is protected both online and offline. However, please be advised that although Crew takes reasonable precautions to protect your data, no data transmission over the internet can be guaranteed to be fully secure. Accordingly, Crew cannot warrant that your information will be absolutely secure. If you would like more information on Crew’s safeguards, or if you would like Crew to delete or update your personally identifiable information, please email Crew at http://www.crewmobile.com/. Crew never knowingly collects personally identifiable information about individuals under thirteen years of age. If Crew obtains actual knowledge that it has collected personally identifiable information about an individual under thirteen years of age without parental consent, that information will be deleted. You acknowledge that you provide your personally identifiable information to Crew with knowledgeable consent and at your own risk. Crew may also collect non-personally identifiable information from Application users, including but not limited to the type of device you are using and its location, the type of operating system you are using, the domain name of your internet service provider, and the other devices you communicate with. Crew uses the non-personally identifiable information that it collects to manage and improve the Application and to personalize your experience. You hereby agree that Crew may collect and does own such non-personally identifiable information, which may be shared with third parties for management, analysis, and marketing purposes. You agree that Crew may contact you at any time, by email or by other means, with updates or any other information that Crew may deem appropriate for you to receive in connection with your use of the Application. This privacy policy only covers the Application provided by Crew. Third-party websites linked to and/or from the Application are not covered by this policy. Although Crew may attempt to notify you when major changes are made to this Privacy Policy, you should periodically review the most up-to-date version at http://www.crewmobile.com/. Crew will maintain a list and copies of each version of its Privacy Policy with their effective dates. Crew may, in its sole discretion, modify or revise this Privacy Policy at any time, and you agree to be bound by such modifications or revisions if you continue to use the Application thereafter. 11. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Crew's designated Copyright Agent to receive notifications of claimed infringement may be reached at 116 East 10th Street New York, N.Y. or by email to feedback@crewmobile.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Crew customer service by e-mail to feedback@crewmobile.com. You acknowledge that if you fail to comply with all of the requirements of this Section 11.1, your DMCA notice may not be valid. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Crew may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten to fourteen business days or more after receipt of the counter-notice, at Crew's sole discretion. 12. Warranty Disclaimer CREW DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE APPLICATION. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY CREW IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. CREW DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE APPLICATION BY CREW OR ANY USER OF THE APPLICATION OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOU AGREE THAT YOUR USE OF THE APPLICATION SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CREW, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF. CREW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON ITS APPLICATION OR THE CONTENT OF ANY SITES LINKED TO THE APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICE WITH REGARD TO OUR APPLICATION, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. CREW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE APPLICATION OR ANY HYPERLINKED SERVICE FEATURED IN ANY POSTING, BANNER OR OTHER ADVERTISING, AND CREW RESERVES THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER APPLICATION USERS. YOU UNDERSTAND THAT CREW CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. CREW ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS APPLICATION’S USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS APPLICATION’S USERS. CREW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF ITS APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE APPLICATION USERS. CREW RESERVES THE RIGHT, BUT NOT THE OBLIGATION, TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL CREW BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS APPLICATION OR PERSONS YOU MEET THROUGH THIS APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT CREW MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR EXPERIENCES WITH INDIVIDUALS YOU MEET THROUGH THE APPLICATION. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS. 13. Limitation of Liability IN NO EVENT SHALL CREW, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY, PROPERTY DAMAGE, OR DEFAMATION, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICE WITH REGARD TO OUR APPLICATION, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CREW SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Application is controlled and offered by Crew from its facilities in the United States of America. Crew makes no representations that the Application is appropriate or available for use in other locations. Those who access or use the Application from other jurisdictions do so at their own volition and are responsible for compliance with local law. 14. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Crew, its parent companies, officers, directors, shareholders, board members, partners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Content caused damage to a third-party; or (v) your improper use of any information obtained through use of the Application. This defense and indemnification obligation will survive these Terms of Service and your use of the Application. 15. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you unless mutually agreed, but may be assigned by Crew without restriction. 16. General You agree that the Application shall be deemed solely based in New York and shall not give rise to personal jurisdiction over Crew, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any controversy, claim, or dispute arising out of or relating to these Terms of Service or the breach thereof shall be settled solely and exclusively by binding arbitration held in New York, New York and administered by JAMS. Such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures, with the following exceptions to such rules if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay an equal share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS' rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorney’s fees, costs, and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this Section 16 shall be construed as precluding the bringing of a civil action for injunctive relief. IF FOR ANY REASON THIS ARBITRATION PROVISION BECOMES NOT APPLICABLE OR IF THE PARTIES ARE SEEKING INJUNCTIVE OR EQUITABLE RELIEF AS PROVIDED ABOVE, THEN EACH PARTY, (I) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO, AND (II) SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK, AND EACH PARTY HERETO AGREES NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION. YOU AND CREW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service and any other legal notices published by Crew regarding the Application, shall constitute the entire agreement between you and Crew concerning the Application. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Crew's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Crew reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Application following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. Thank you for using the Application! Crew hopes you enjoy your user experience! Crew Dated: September 2018