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>> Privacy policy

Welcome to Crush or Flush™, a service of IceBreaker US, Inc. (hereinafter referred to as "IceBreaker US Inc”, "Crush or Flush™", "Crush or Flush Site" or "Site"). You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully. By visiting the Crush or Flush Site, you are agreeing to these terms. This Agreement is subject to change at any time, and changes are effective upon posting.

1. Eligibility
You must be thirteen years of age or over to register as a member of, or use, this site. Membership in this service is void where prohibited by law. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 13-years old. You further understand that by using this site you are aware that you may have access to visual images, written descriptions that can include materials you personally may find objectionable.  
You represent and warrant that you have not, nor will not, use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Each registered user is entitled to a single active user account.  IceBreaker reserves the right to disable accounts exceeding this one per user limit.

2. Fees/Termination:
Crush or Flush's and IceBreaker US Inc. usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. IceBreaker US Inc. reserves the right to terminate your access to the site for any reason or no reason. IceBreaker US Inc. may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address, phone number, SMS or other mechanisms … as you may later provide to us. If IceBreaker US Inc. terminates your membership in the Crush or Flush service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 1, 3, 5, 10, 12, 13, inclusive, of this Agreement.

You, the user, may cancel this agreement, without any penalty or obligation, at any time. To cancel this agreement, mail or deliver a signed and dated notice, or send an email (originating from the same email address used at signup) or SMS (originating from the phone number you user at signup) which states that you, the user, are canceling this agreement, or words of similar effect. This notice shall be sent to: IceBreaker US Inc., Customer Service-Cancellations, 227 Bellevue Way NE, #168, Bellevue, WA 98004 or support@crushorflush.com.

3. Non-Commercial Use by Members/Viewers:
This Crush or Flush site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this site and shall not use the Crush or Flush service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at Crush or Flush's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, IceBreaker US Inc. may take reasonable steps, including the limiting of the numbers of emails, SMS or MMS messages sent or received by a member and electronically filtering or throttling or terminating e-mail, SMS and MMS messages at IceBreaker US Inc.'s sole discretion.

4. Proprietary Rights of Content on Crush or Flush:
IceBreaker US Inc. owns and retains other proprietary rights in the Crush or Flush site and the Crush or Flush service. The site contains the copyrighted material, trademarks, and other proprietary information of IceBreaker US Inc., and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site/CDA:
a) IceBreaker US Inc. claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that IceBreaker US Inc. may delete any content, messages, photos, or profiles (collectively, "Content") that in the sole judgment IceBreaker US Inc. violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of IceBreaker US Inc. and/or its members.

b) You are solely responsible for the content that you publish or display (hereinafter, "post") on the Crush or Flush, or transmit to other Crush or Flush members.

c) By posting content to any public area of Crush or Flush, you automatically grant, and you represent and warrant that you have the right to grant, to IceBreaker US Inc. and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.

d) IceBreaker US Inc. or Crush or Flush will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays underage children engaged in sex acts or sexually suggestive poses, displays pornographic or sexually explicit material that is commercial in nature; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves gun use, gang membership, cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

e) You must use the Crush or Flush service in a manner consistent with any and all applicable laws and regulations.

f) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Crush or Flush site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to IceBreaker US Inc. by our users or third parties.

g) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Crush or Flush members. Although IceBreaker US Inc. cannot monitor the conduct of its members off the Crush or Flush site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.

h) Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, members registered to other IceBreaker US Inc. operated and "powered by" websites, e.g. co-branded, privately labeled, etc. This feature may allow you to interact with additional members of IceBreaker US Inc. websites.

i) Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.

6. Copyright Policy / DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Crush or Flush service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. IceBreaker US Inc.’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
General Counsel, IceBreaker US Inc.
227 Bellevue Way NE,
#168,
Bellevue, WA 98004

It is the intention of IceBreaker US Inc. to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

7. Commercial Communications Emanating from IceBreaker US Inc.
IceBreaker US Inc. reserves the right to send third party advertisements and message tags within its regular communications with its users.  This communications can be in the form of an SMS, and/or email message.  The user should understand that by registering and using this site, they hereby consent to receive such advertisements in connection IceBreaker communications. IceBreaker is not responsible for the content in these advertisements. Each user has the right to opt-out of this kind of communications.

8. Member Disputes:
IceBreaker US Inc. does not solicit or control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member’s profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Crush or Flush members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Crush or Flush site, you release IceBreaker US Inc., including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." IceBreaker US Inc. reserves the right, but has no obligation, to monitor disputes between you and other members.
Should you encounter an abusive user on Crush or Flush, please contact IceBreaker’s Community Management Team at abuse@icebreaker.mobi.  Include details such as the abusive user nickname, location, age, sex, and where they contacted you such as messages.  Also include your Crush or Flush details.  The Community Management Team will research and remedy reports of abusive behavior as quickly as possible.

9. Privacy:
Use of the Crush or Flush site and/or its service is governed by our Privacy Policy, which may change from time to time upon electronic notice to you.

10. Disclaimers:
IceBreaker US Inc., including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Crush or Flush service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Crush or Flush service whether online or offline. IceBreaker US Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. IceBreaker US Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Crush or Flush site and/or in connection with the Crush or Flush service. Under no circumstances IceBreaker US Inc., be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the Crush or Flush site or transmitted to Crush or Flush members. The site and the service are provided "AS-IS" and IceBreaker US Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. IceBreaker US Inc. cannot guarantee and does not promise any specific results from use of the site and/or the Crush or Flush service.

11. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will IceBreaker US Inc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the Crush or Flush service, even IceBreaker US Inc. has been advised of the possibility of such damages. You further agree to hold IceBreaker US Inc., including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, IceBreaker US Inc.'s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Crush or Flush for the service during the term of membership.

12. U.S. Export Controls:
Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of Use and/or your relationship with IceBreaker US Inc. and/or your use of this site shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction of the court system of the State of Washington, USA.

14. Indemnity:
You agree to indemnify and hold IceBreaker US Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

15.    Short Code Policies:
Text HELP for help info. Text STOP to quit. Your carrier may charge you their standard text messaging or data rates. Receive up to 15 messages per month.

16. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:

IceBreaker US Inc.
227 Bellevue Way NE,  #168,
Bellevue, WA 98004

Effective:  March 31, 2008

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