All personal information provided via this Site will be handled in accordance with the Site’s Privacy Statement. The Crescentic Digital Privacy Statement is found at http://www.crescentic digital.com/privacypolicy.html.
This Site and Services are provided “As Is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Crescentic Digital disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Crescentic Digital does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the services are free of viruses or other malware or harmful components. Crescentic Digital does not make any warranties or representations regarding the use of contents of this Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
Limitation of Liability
You assume full responsibility for your use of the Site. Any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. Your use of the Site is at your own risk and is made available to you at no charge; accordingly, to the fullest extent permitted by applicable law, Crescentic Digital and its affiliates shall not be liable to you or any other party for any direct, indirect, compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, or from any actions we take or fail to take as a result of communications you send us or material you post, or the delay or inability to use the Site, or for any information, products, or Services advertised in or obtained through the Site, whether based on contract, tort, strict liability or otherwise, even if Crescentic Digital or its affiliates have been advised of the possibility of such damages.
You specifically acknowledge and agree that Crescentic Digital and its affiliates are not liable for any defamatory, offensive, or illegal conduct of any user of the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
Non-Confidentiality of User Materials
Crescentic Digital does not accept or consider any unsolicited ideas, including ideas for new products, promotions, or technologies. You should not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary.
Except as expressly provided in Crescentic Digital ‘s Privacy Statement or separate written agreement between you and Crescentic Digital, you give Crescentic Digital an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information in any media. You further agree that Crescentic Digital has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.
Links to Third Party Websites and Use of Sharing Tools
As a convenience, Crescentic Digital may provide links to websites operated by third parties. Crescentic Digital may also provide sharing tools that allow social web linking, bookmarking, rating, recommending, emailing, instant messaging, and posting to blogs. Following the links or using the sharing tools will take you to third party websites, which Crescentic Digital does not own, control, or maintain. If you decide to access a third party’s website through a link or a sharing tool provided by this Site, you do this at your sole risk.
Crescentic Digital is not responsible for any viruses or other malware or damaging elements encountered in a third party website. Crescentic Digital does not control any third party websites, and makes no warranty or representation regarding, and is not responsible for, any third party websites or the content of such websites. Inclusion of links or sharing tools to third party sites is not an endorsement of the content of such sites.
Different terms and conditions may apply to your use of such third party sites and the sharing tools and you are advised to review such terms and conditions prior to usage. Further, the providers of such third party sites and the sharing tools may have privacy policies and practices that are different from our Privacy Statement. You are advised to check the privacy policies and practices of such providers and contact the operator if you have any concerns or questions.
User Communications Areas
The Site may contain areas where users communicate with each other, including but not limited to blogs, bulletin boards, calendars, chat areas, or personal web pages.
Crescentic Digital has the right but not the obligation to monitor or review any part of the Site or the Services including the user communication areas. However, Crescentic Digital shall have no liability related to the content of any communications made in these areas.
Disclosure; Forward-Looking Statements
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Crescentic Digital.
Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated by Crescentic Digital from various offices in the United States and India. Crescentic Digital makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site, Services or materials accessed on or described on the Site by persons or from countries who are sanctioned by the United States is specifically prohibited.
Those who access the Sites or Services so do on their own and are responsible for compliance with all applicable US and local laws. You may not export or re-export any Services, information or materials accessed on or described on this Site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S.
Treasury Department’s List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department’s Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.
Indemnity of Company
You agree to indemnify, hold harmless, and defend Crescentic Digital as well as Crescentic Digital’s officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account of the terms and conditions of this Agreement.
Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of the Commonwealth of Virginia, USA (without giving effect to its principles of conflict of laws). Where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with this Agreement, you and Crescentic Digital designate the courts of the State of New Jersey, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
Special Note for Parents
Portions of this Site and Services may be of special interest to children but Crescentic Digital does not seek through this Site to gather personal information from persons under the age of 17.