FleetingLook, Inc. doing business as "Crumbdrop" (referred to as "FLI") maintains this web site (www.crumbdrop.com) and mobile apps (collectively known as "The Service") as a resource for individuals.
By using the Service, whether as a member or as a visitor, you agree to comply with and be bound by the following terms and conditions (this "Agreement"), which we may change at any time by posting notice on the Web Site or the App. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Service. Use of the Service is limited to those individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, the Service is not to be accessed or used by minors.
In addition, when using any particular function of the Service, you may be subject to additional guidelines or terms and conditions applicable to such service that may be posted from time to time, which are hereby incorporated into this Agreement.
If you wish to become a member of the FLI community, you may register as a "Member". If you enroll as a member, you represent and warrant to FLI that: (i) you are of legal age to form a binding contract; (ii) you will provide FLI with accurate, current and complete enrollment information; and (iii) your enrollment and your use of the Service is not prohibited by law. FLI reserves the right to terminate your status as a Member in the event that you breach any term of this Agreement.
This Service is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a Member or send any information about yourself to us.
FLI reserves the right to charge for access to the Service and use of its features, and to modify any fees charged from time to time on notice to you. FLI will provide prior notice to you before any fees are imposed or modified, and you will have the opportunity to cease using the Service before such fees are levied on you. If FLI terminates your Member status or use of the Service as a result of breach of this Agreement, you will not be entitled to any refund of fees paid. Also, should you use SMS capabilities from the Service, standard rates apply.
4. Conditions on Using the Service.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Service, including any Submissions (as defined below), and any of the foregoing sent to you by e-mail or other means (collectively, the "Service Content") are proprietary to us or to third parties. FLI authorizes you to view, download, and print the Service Content subject to the following conditions: (a) you may only download and print the Service Content in limited quantities for your personal, non-commercial use; (b) you may not modify the Service Content; (c) any displays or print outs of the Service Content must be marked "© FleetingLook, Inc., 2012. All rights reserved."; and (d) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Service Content. Except as expressly permitted above, copying, modifying reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Service Content, or any portion of the Service Content, is strictly prohibited without the prior written permission of FLI. In addition, you may not frame or otherwise display in any manner the Service Content at any other web site or elsewhere. All software used on the Web Site and mobile apps are proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, recompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited. The marks FleetingLook™, fleetinglook.com™, Crumbdrop™, Crumbdrop.com™ are proprietary to us, and they may not be used in connection with any service or products other than those provided by FLI, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FLI. Any use of those marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners. You agree, and represent and warrant, that your use or other exploitation of the Service and the Service Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Service Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
5. Submissions to FLI Belong to FLI.
FLI is pleased to hear from you and welcomes your comments regarding the Service and Service Content. In the event that you submit ideas, suggestions, materials or other information to FLI, other than Shared Space Content (as defined below), whether at the request of FLI or not (all of the foregoing being "Submissions"), the Submissions will be deemed, and will remain, the sole property of FLI. None of the Submissions will be subject to any obligation of confidence on the part of FLI, and FLI and FLI Affiliates (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, FLI will own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of the them irrevocably and unconditionally waives and covenants not to assert any of such rights against FLI or its affiliates, successors, assigns, licensees, partners, and customers (collectively, "FLI Affiliates"), as well as any users of the Service.
6. License to Your Content.
7. Rules of Conduct for Participants in the Shared Spaces and Users Making Submissions.
The following restrictions on Shared Space participants and users of the Service making Submissions are intended to make the Service and Service Content suitable and appropriate for all users of the Service. Shared Space participants and users of the Service making Submissions will not:
- Use a Shared Space or make a Submission for any purpose in violation of local, state, national or international laws;
- Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any Shared Space Content or Submission;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Post the material or Submission more than once or "spam"; or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Shared Space, Shared Space Content, Service or Service Content, or which, in FLI's sole judgment, exposes FLI or any FLI Affiliate to any liability or detriment of any type.
Shared Space participants and users of the Service making Submissions will not submit, upload to, distribute through or otherwise post any material that:
- Is libelous, defamatory, threatening, abusive, scandalous, obscene or unlawful or that encourages a criminal offense;
- Contains any advertising, promotional, solicitation or other commercial material;
- Contains material from other copyrighted works without the written consent of the owner of such copyrighted material;
- Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
- Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others; or
- Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
FLI reserves the right (but is not obligated) to do any or all of the following:
- Record Shared Space Content;
- Investigate an allegation that Shared Space Content or a Submission does not conform to the terms and conditions of this Agreement;
- Remove Shared Space Content that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
- Monitor, edit or disclose any Shared Space Content; or
- Edit or delete any Shared Space Content, regardless of whether such content violates any terms and conditions of this Agreement.
- FLI and FLI Affiliates have no liability or responsibility to users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.
FLI and FLI Affiliates have no liability or responsibility to users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.
7. Links to Third Party Web Sites Are Not Endorsements.
The Service contains links to third-party web sites and other services that are not operated by us. The linked sites are not under our control, and we are not responsible for the contents of any linked sites. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by FLI. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
8. Warranty Disclaimers and Limitations of Liability.
FLI and FLI Affiliates make no representations or warranties of any kind regarding the Service and the Service Content. The Service and Service Content are provided in "AS IS" condition, and FLI and FLI Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICE AND THE SERVICE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE SERVICE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE SERVICE CONTENT. No advice or information, whether oral or written, obtained by you from FLI, any of FLI Affiliates or through the Service or Service Content will create any warranty not expressly stated herein. YOU USE THE SERVICE AND THE SERVICE CONTENT AT YOUR OWN RISK, AND NEITHER FLI NOR FLI AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Service or the Service Content, including any allegation or claim that FLI or FLI Affiliates has or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Service or the Service Content. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM FLI OR FLI AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR SERVICE CONTENT, EVEN IF FLI OR FLI AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Your Indemnity of FLI and FLI Affiliates; Termination of Use.
You agree to indemnify, hold harmless, and at their respective options, defend FLI and FLI Affiliates from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys' and professionals' fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Service or Service Content. For any indemnified matter, FLI and FLI Affiliates will have full control of the response thereto and the defense thereof, including any agreement relating to the settlement thereof, and you will cooperate fully with FLI and FLI Affiliates in such matter. FLI may, at its option, terminate any User's access to any or all of the Service, including your password and account, and may remove or delete any Shared Space Content or Submissions you may have submitted.
10. Digital Millennium Copyright Act Compliance.
FLI complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Service you may contact our Designated Agent at the following address:
P.O. Box 32104
Washington, DC 20007
Any notice alleging that materials from this Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
12. Applicable Law and Jurisdiction; Compliance.
The Service (excluding links) is controlled by FLI and operated by FLI from its offices in and around Washington, District of Columbia. Although FLI has made no effort to publish the Service elsewhere, because the Service is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of the District of Columbia and from each other, and as you and FLI both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Service, by using the Service you and FLI agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of the State of Delaware, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Service will be heard and resolved in the courts located in the District of Columbia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to gain access to the Service from locations other than the District of Columbia, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service or Service Content in violation of U.S. export laws or regulations.
13. Miscellaneous Provisions.
No delay or omission by FLI in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by FLI of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to." If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and FLI regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
Effective Date of this policy: October 10, 2012