Terms
& Conditions
Published: March 3, 2022
Thank you for agreeing to join our community. Crush is licensed to you, the end-user (“You”) by NEXT LEVEL LLC, located at 16192 Coastal Highway, Lewes, Delaware 19958, United
States (“Crush,” “we,” “us,” or “our”) for limited use only under the
terms of this bilateral license agreement
(“License Agreement”) and in accordance with these terms and conditions
(“Terms & Conditions”). You also hereby grant a license to Crush as
further set forth hereunder. The term shall be effective immediately and shall
automatically renew each year, unless the parties hereto mutually consent in
writing (email permitted).
By
downloading and accessing the mobile application, accessing and/or utilizing
our website or services, and any update thereto (as permitted by this License
Agreement), You indicate that You agree to be bound by all of the terms and
conditions of this License Agreement and the Terms & Conditions, and that
You accept this License Agreement.
The
parties of this License Agreement acknowledge that certain third parties
involved in the mobile application, website, and services with respect to this License
Agreement are not bound by any provisions or obligations with regard to the
Application (defined below), such as warranty, liability, maintenance and
support thereof. This License Agreement may not provide for usage rules
that are in conflict with the latest Terms of Service from third
party providers.
All
rights not expressly granted to You are reserved. Any license grant may be
subject to change and revocable without notice. You agree that you have had a
full and fair opportunity to read and understand this License Agreement and the
Terms & Conditions and that You have had the ability to seek counsel before
accepting. Please check our License Agreement and Terms & Conditions
regularly as they may be updated or revised without notice.
1.1 Crush (“Application”) utilizes
software created to help users obtain valuable insights for their
Instagram accounts - and customized for mobile devices. It is used
to help users get valuable insights for their Instagram accounts.
1.2 Please be advised that You are responsible
for complying with all laws and regulations, which include but are not limited
to the Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc., so if your interactions
would be subjected to such laws, you may not use this Application. You may not
use the Application in a way that would violate the Gramm-Leach-Bliley Act
(GLBA). You acknowledge and agree that this list is not exhaustive.
1.3. By
consenting to use the Application, for and valuable consideration in exchange, You
understand that you are consenting to providing data and access to Crush,
which includes but is not limited to reviewing of information, and unencumbered
access of information to use as Crush sees fit in accordance with its
business judgment and business based decisions.
2.1
You are granted a limited non-transferable, non-exclusive,
non-sublicensable license to install and use the Application on any mobile
devices that You own or control and as permitted by the Usage Rules set forth
in this Licensing Agreement and Terms & Conditions and any App Store’s
Terms of Service, with the exception that such licensed Application may be
accessed and used by other accounts associated with You. This limited license
will also govern any updates of the Application provided by Crush that
replace, repair, and/or supplement the Application, unless a separate license
is provided for such update in which case the terms of that new license will
govern.
2.2 Crush may also offer You the right to use
certain experimental features that are made available on a test basis, which
Crush may modify or remove at any time. Crush may modify any feature, for
reasons that it believes, in its sole discretion, are necessary to comply with
any applicable law, self-regulatory rule or principle, business judgment or
decision, or consumer disclosure standard or best practice.
2.3
You may not share or make the Application available to any third parties
(unless to the degree allowed by the Apple Terms and Conditions, and with Crush's
prior written consent), sell, rent, lend, lease or otherwise redistribute the
Application.
2.4
You may not reverse engineer, translate, disassemble, integrate, decompile,
integrate, remove, modify, combine, create derivative works or updates of,
adapt, or attempt to derive the source code of the Application, or any part
thereof (except with Crush's prior written consent). You may not copy
or alter the Application or portions thereof. You may create and store copies
only on devices that You own or control for backup keeping under the terms of
this license, the App Store Terms of Service, and any other terms and
conditions that apply to the device or software used. You may not remove any
intellectual property notices. You acknowledge that no unauthorized third
parties may gain access to these copies at any time.
2.5 You hereby grant Crush the full rights and
license throughout the universe, exclusive, assignable, sublicensable, with unencumbered rights to
sale and resale, to own, operate, replace, maintain your social media accounts
(including but not limited to Instagram) on and off, and any associated APIs, code, or software (including any
updates and enhancements).
2.6
Violations of the obligations mentioned above by You, as well as the
attempt of such infringement by You, may be subject to prosecution and damages
(including attorneys’ fees).
2.7
Nothing in this license should be interpreted to restrict third-party
terms. When using the Application, You must ensure that You comply with
applicable third-party terms and conditions.
2.8
Crush reserves the right to modify the terms and conditions of licensing at
any time and without notice.
3. MAINTENANCE AND SUPPORT
3.1
Crush may be responsible for providing any maintenance and support
services for this licensed Application. You can reach Crush at the email
address listed in the App Store Overview for this licensed Application.
3.2 Crush and the End-User acknowledge
that Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the licensed Application.
4. USE OF DATA
4.1. You
acknowledge that Crush will be able to access and adjust Your downloaded
licensed Application content and Your personal information, and that Crush's
use of such material and information is subject to Your legal agreements with Crush
and Crush's privacy policy.
5. LIABILITY
5.1
Crush has no duty and takes no responsibility for any damages to You
or third parties. You acknowledge and agree that Crush hereby disclaims any
and all liability to you and/or third parties.
5.2. To
avoid data loss, You are required to make use of backup functions of the
Application to the extent allowed by applicable third-party terms and
conditions of use. You are aware that in case of alterations or manipulations
of the Application, You will not have access to licensed Application.
6. WARRANTY
6.1
You are required to inspect the Application immediately after installing
it and notify Crush about issues discovered without delay.
6.2
Crush shall solely determine if
the Application is defective, and Crush reserves a choice
to remedy the situation either by means of solving the defect, substitute
delivery, or Crush's business judgment.
7. LEGAL COMPLIANCE
You
represent and warrant that You are not located in a country that is subject to
a U.S. Government embargo, or that has been designated by the U.S. Government
as a "terrorist supporting" country; and that You are not listed on
any U.S. Government list of prohibited or restricted parties.
8. CONTACT
INFORMATION
For
general inquiries, complaints, questions or claims concerning the licensed
Application, please contact:
NEXT LEVEL LLC
16192
Coastal Highway
Lewes, DE 19958
United
States
support@unlockcrush.com
9.
TERMINATION
9.1. The
licenses are valid until terminated by Crush or by You upon
written consent from Crush (email permitted). Your rights under this license
will terminate automatically and without notice from Crush at
Crush’s sole discretion. Upon license termination, You shall stop all use of
the Application, and destroy all copies, full or partial, of the Application.
10.
INTELLECTUAL PROPERTY RIGHTS
10.1 Crush and
You acknowledge and agree that in the event of any third-party claim that the
licensed Application or You possession and use of that licensed Application
infringes on the third party's intellectual property rights, Crush shall not
be responsible nor liable.
11.1 This license agreement is governed by the
laws of the State of Delaware excluding its conflicts of law
rules. If a dispute arises, between or among the parties, and it is not
resolved prior to or after discussions, the parties shall proceed in good faith
to submit the matter to mediation or arbitration. Costs related to mediation
shall be mutually shared between or among the parties. The parties hereby waive
their rights to litigation.
12.1 If
any of the terms of this Licensing Agreement and/or Terms & Conditions
should be or become invalid, the validity of the remaining provisions shall not
be affected. Invalid terms will be replaced by valid ones formulated in a way
that will achieve the primary purpose. Collateral agreements, changes and
amendments are only valid if laid down in writing and agreed upon by Crush.
The preceding clause can only be waived in writing by the parties hereto (email
permitted).