Thanks for taking the time to check out our release, privacy, and terms policies




Last Updated: February 14, 2014

Publicity Release [Purpose: Make you Famous]



ADULT RIGHT OF PUBLICITY RELEASE; USE OF NAME, LIKENESS, AND APPEARANCE

DEFINITIONS: As used in this Section, the capitalized terms have the meanings set forth below:

(a) "PROJECT" means All broadcasts, promotions, advertisements, activities, and events relating to YouAreTV.com, StreamWith.com, MertonShow.com, and its affiliate sites {collectively run by GoodCrush, Inc.}.

(b) "FILM FOOTAGE" means all film footage, video tape, digital or electronic recordings made or taken of you (alone or with others at the Premises or other locations) by, or at the direction of, GoodCrush in connection with the Project.

(c) "STILL PHOTOGRAPHS" means all photographs, renderings, paintings or digital or electronic pictures made of, or taken of you (alone or with others at the Premises or other locations) by, or at the direction of, GoodCrush in connection with the Project.

(d) "PREMISES" means all facilities where the Project is or will be taking place, including various studios and related facilities regardless of location or any other location at which Film Footage or Still Photographs are taken.

IN CONSIDERATION for allowing me to participate in and/or be a part of the Project, I hereby agree, on behalf of myself and on behalf of my personal representatives, heirs, and next of kin, as follows:

1. I HEREBY GRANT GoodCrush THE IRREVOCABLE RIGHT (but not the obligation) to record, exhibit and otherwise use my name, likeness, photograph, voice, sounds, and biographical data in any and all of the Film Footage and Still Photographs, both on and in connection with the Project as well as in any materials used to advertise, promote and publicize the Project.

2. I have the power and authority to, and hereby, grant to GoodCrush the irrevocable right (but not the obligation) to record, exhibit and otherwise use my likeness, photograph, film or pictorial rendition of the Premises in the Film Footage and/or Still Photographs or otherwise in connection with the Project as well as in any materials used to advertise, promote and publicize the Project. If I do not have the power and authority to grant the foregoing rights with respect to the Premises, I have provided GoodCrush with the name, address and telephone number of the person or parties with such power and authority.

3. I understand, acknowledge and agree that:

(a) GoodCrush is and shall be the sole and exclusive owner of the Project, including without limitations, the titles thereof, the Film Footage, the Still Photographs and all rights (including copyrights), components and elements contained therein, for all purposes and uses whatsoever, throughout the universe and forever;

(b) I will not receive any (and I waive any right to) compensation or consideration (other than the above stated consideration or as otherwise agreed in writing by GoodCrush), for my participation or involvement in, or in connection with, the Project (including, but not limited to, the use of the Film Footage, Still Photographs and/or the Premises);

(c) I waive and release all claims to any and all proceeds and revenues derived from (including, but not limited to, the use of the Film Footage, Still Photographs and/or the Premises) and agree that such proceeds and revenues are the sole property of GoodCrush;

(d) GoodCrush shall have the sole and exclusive right to distribute, license, exhibit, advertise, publicize, promote and otherwise exploit the Project or any part thereof (including, but not limited to the Film Footage or the Still Photographs) and any and all rights therein, whether now known or hereafter devised, in all media, whether now known or hereafter devised, and by any manner, means or technologies, whether now known or hereafter devised, in all languages, throughout the universe and in perpetuity, all without any restrictions, limitation or conditions of any kind;

(e) GoodCrush shall also have the unrestricted right to edit the content and text of the Project (including the Film Footage and Still Photographs) in any manner or form; AND

(f) GoodCrush shall also have the right, without my consent, to assign, license or loan the rights granted herein, in whole or in part, exclusively or nonexclusively, to any other party.

4. I hereby WAIVE AND RELEASE GoodCrush from and against claims or actions of any nature whatsoever (including any claim for injunctive relief of any kind) arising by reason of: (a) my appearance on the Project, (b) statements made by me or others on or in connection with the Project, (c) the negligence of GoodCrush related to the Project, (d) the exercise of any and all rights granted by me herein and (e) any act or omission by me in connection with the Project or my participation or involvement therein. I also agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS GoodCrush from and against any and all claims, actions, losses, damages, liabilities and expenses, including reasonable attorney's fees and disbursements, which may result from any breach or alleged breach by me of this Release or of my representations, warranties, agreements and/or covenants hereunder.

5. I represent and warrant to GoodCrush that (a) I am the sole owner of the rights I am granting to it herein; (b) I have the right to enter into this Release; (c) no consents, authorizations or releases need to be made to any party (other than to GoodCrush as provided herein) for the use of the Film Footage, Still Photographs and Premises as provided herein; and (d) the use of Film Footage, Still Photographs and Premises will not violate or infringe upon the rights of any party.



Privacy Policy [Purpose: Protect your data]


GoodCrush Inc. (the "Company") respects your personal privacy and is committed to adhering to federal and state privacy laws and industry guidelines in order to protect you and your identity. This privacy policy ("Privacy Policy") describes how we handle the personal information that you provide to us on YouAreTV.com, StreamWith.com, MertonShow.com, CollegeOnly.com, GoodCrush.com and RandomDorm.com (the "Web Sites"). This Privacy Policy applies only to the Web Sites, not to any other Company, affiliate or third-party sites that may be accessible from here.

Please be sure to read this Privacy Policy before using, submitting, or uploading information and material to the Web Sites. By using or accessing the Web Sites, you are accepting the practices described in this Privacy Policy. The Company reserves the right to occasionally update this Privacy Policy. At such time, the Company will also revise the "last updated" date at the beginning of the Privacy Policy. We recommend that you periodically review this Privacy Policy, especially before you provide any personally identifiable information.

After reading this Privacy Policy, which is incorporated into and is a part of the Web Site's Terms of Use, you will know: Web Sites,

1) What information the Company collects from you
2) How the Company uses and may disclose information obtained through the Web Site
3) Demographics, Surveys and Targeted Promotions
4) What choices you have about how the Company treats your information
5) How the Company protects your privacy
6) What the Company does about children visiting the Web Site
7) How you can contact the Company

1. INFORMATION THE COMPANY COLLECTS FROM YOU

Active Information Collection
Like many other Web Sites, we actively collect information from our visitors both by asking specific questions on the Web Sites and by permitting you to communicate directly with us via e?mail. Some of the information that you submit during the registration process or while accessing the Company's services may be personally identifiable (that is, information that can be uniquely identified with you, such as your name, business name, address, phone number, fax number, e-mail address, etc.). Also, if the Company offers its goods or services for sale through the Web Sites, and you place an order for such goods or services, you may be required to provide personally identifiable information and financial information, such as credit card or PayPal account information.

When you visit the Web Sites, we will not collect any personally identifiable information about you unless you provide it to us voluntarily. However, to access certain portions of the Web Sites, you will be required to provide such information. If you choose to register with the Web Sites, during the registration process you will be asked for personal information, most of which is required in order to complete the registration. We will inform you which information is optional. Further, we may ask you for personally identifiable information for use in password verification. If you opt not to register with the Web Sites, you still can visit the Web Sites, but you may not be able to make a purchase or access the Company's registration-only content. Please also see Section 3 below regarding Demographics, Surveys and Targeted Promotions for further information regarding the Company's information collection practices.

We may provide you with a service that enables you to invite your contacts to visit the Web Sites. If you elect to use this service, we will request certain information from you so that we can reach out to your contacts. We will then send each contact an e-mail containing an invitation from you to visit the Web Sites. The Company will keep such information so that the Company can send your contact the invitation and any applicable reminders, allow you to see your invitation, establish your connection with your contact if your contact accepts your invitation, and evaluate the Company's invitation service. Your contact can request that we delete his or her information from our database by sending us an e-mail message at help@youare.tv .

When you utilize the Web Sites, we may collect and retain any and all information related to such usage (including, without limitation, information related to worlds you have marked favorite, other users that you marked favorite, search inquiries you have entered, applications you have added, events you have attended, messages you have sent, and your previous and subsequent profile). We use this information in accordance with this policy. Please note that when you modify your information (e.g., revising your profile or changing affiliations), we may retain both the old and the modified information to use, including to assist you in viewing or reverting back to your previous information.

The Company may also collect information about you from other sources and use such information to supplement your profile and provide you with a more customized experience. Such sources may include, without limitation, periodicals, blogs, other users on the Web Sites, instant messaging services and Web Sites.

Passive Information Collection
As you navigate through a Web Site, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection. Like most Web Site operators, we track IP addresses, use both session and persistent cookies, and assign Internet tags. Our system also automatically gathers information about the areas you visit on these Web Sites and collects operational information about the technology you use, such as your browser, type of computer, operating systems, Internet service providers and the domain name of the Web Site from which you linked to our Web Sites.

In addition, when you view the Web Sites, we may store some information on your computer. This information will be in the form of a cookie or similar file and will help us in many ways. For example, cookies allow us to tailor the Web Sites or an advertisement to better match your interests and preferences. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. The Company does not collect personally identifiable information automatically, but we may tie information collected automatically to your previously submitted personally identifiable information.

The Web Sites pages may contain electronic images known as web beaconsÑalso referred to as single-pixel gifsÑthat permit the Company to count users who have visited those pages and for other related Web Sites statisticsÑ(e.g., recording the popularity of certain Web Sites content and verifying system and server integrity). Web beacons are not used to access your personal information on the Web Site; they are solely used to compile aggregated statistics concerning the use of the Web Sites. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.

We passively collect information to understand what areas of the Web Sites are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps us to update and improve the Web Sites and provide you with relevant advertising and links. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.

2. HOW THE COMPANY USES AND MAY DISCLOSE INFORMATION OBTAINED THROUGH THE WEB SITE

Except as otherwise stated, we may use information collected via these Web Sites to improve the content of our Web Sites, to customize the Web Sites to your preferences, to communicate information to you (if you have requested it), for our marketing and research purposes, and for any other purpose specified. In addition, we may make full use of all information acquired through these Web Sites that is not in personally identifiable form.

If you provide personally identifiable information to these Web Sites, we may combine such information with other actively collected information, unless we specify otherwise at the point of collection.

We may disclose personally identifiable information you provide via these Web Sites to third parties, but only:

(A) to carefully selected third parties who have made offers that may be of interest to you, provided you have consented to such offers, in which case we will require such third parties to agree to treat it in accordance with this Privacy Policy;

(B) to contractors we use to support our business (including, without limitation, technical support), in which case we will require such third parties to agree to treat it in accordance with this Privacy Policy and use it for the same purposes;

(C) in the event of a sale, merger, liquidation, dissolution, reorganization, assignment, or other transfer of the Company or the business of these Web Sites to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with this Privacy Policy or terms substantively similar hereto; (D) to respond to law enforcement requests, subpoena, or where required by applicable laws, court orders, or government regulations;

(E) in situations involving threats to the physical safety or mental well-being of any person or potentially involving fraud or illegal activity in connection with or through the Web Site; or

(F) The Company primarily uses your profile information to display it to you for your viewing and editing and to display it to others who are permitted to view it by your privacy settings. If your privacy settings allow it, other Web Sites users may be able to add content to your profile (e.g., Facebook connect). Further, through your privacy settings, you will be able to select which networks of Web Sites users will have access to the profile information you provide. To enable your contacts and crushers to find you, your name, networks, and profile picture will be accessible in search results across the Web Sites network and may be accessible to third-party search engines.

The Company does not otherwise distribute to third parties your personally identifiable information. The Company, however, will have no liability for disclosure of information obtained due to errors in transmission or the unauthorized intervention of third parties.

The Company may provide aggregate statistics about customers, sales, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifiable information.

You acknowledge that the Company may rent, sell, or otherwise share any information (other than your personally identifiable information) with third parties for purposes unrelated to these Web Sites, including as set forth in Section 3. If you do not want your information to be shared, you should contact us at help@youare.tv as described in Section 4.

The Web Sites may feature advertising. In such event, some of our advertisers may display ads on the Web Sites that solicit, or contain technology to collect, information about our users. This information is collected and used by our advertisers, and is outside of our control. If you have any questions about a banner advertisement, you should contact the responsible advertiser directly.

3. DEMOGRAPHICS, SURVEYS AND TARGETED PROMOTIONS

If you choose to register with the Web Sites, then during the registration process and at other points in the Web Sites (e.g., voluntary surveys) you will also be asked for demographic and other information. Specifically, you may be asked to answer demographic questions (e.g., "What is your gender?") and questions regarding your lifestyle and personal preferences (e.g., "Where do hang out?"). You are not obligated to answer such questions. The Company will de-identify and/or aggregate such information before sharing it, so that you will not be identified as an individual to such third parties. If you elect to answer such questions, your answers may be shared with third parties and you may be provided with relevant advertising and links based on such answers. The Company believes that the foregoing will improve your interaction with the Web Sites, enabling you to access people, advertising, products and services that are relevant to your interests.

We may use all of the information we collect to tailor the Web Sites, products and services, including by providing targeted advertising. We believe that this benefits you, as it provides you with access to products, services and ads that are more likely to correspond to your needs and interests. Based upon our analysis of the information we have collected, the Company determines your likely needs and interests, and it endeavors to show you people, advertising, products and services that match those needs and interests. However, we do not identify you as an individual to the advertiser or third party product/service provider unless you otherwise consent.

4. CHOICES YOU HAVE ABOUT HOW THE COMPANY USES YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

You may view and modify the personal information you have provided to us by logging in to the Web Sites and clicking on the "Account Settings" link (or other comparable link). If you have forgotten your password, once you have tried to log in and failed, you can click on the "Forgot Password" link (or other comparable link) to reach a page on which you can submit your e-mail address or username. Your password then will be e-mailed to you.

You may also send us an e-mail message at help@youare.tv to request access to, correct or delete any personal information that you have provided to us. Should you elect to have your information deleted, we will also delete your user account. However, we may retain all content and non-personally identifiable data you submitted.

If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this site may then be inaccessible or not function properly.

If you do not wish us to share your personal information with unaffiliated or non-agent third parties, please tell us at help@youare.tv . You also may opt out of having your e-mail address used for promotional purposes by the Company. This opt out does not apply to information provided to the Company as a result of a product (including, service) purchase, product service experience or other transactions. If you no longer wish to receive information or promotional materials from us by e?mail, you may opt out of receiving these communications. We offer two methods for such opt?out choices. If we have sent you a promotional e?mail, you may send us a return e?mail asking to be omitted from future e?mail distributions. You also may send us an e?mail stating your request addressed to optout@youare.tv .

You can always choose whether you want to receive e-mail information from us other than the e-mail informing you of the completion of user registration, correction of user data, or change of password. You can do this by logging in to the Web Sites and managing your subscription settings. You can always update and/or correct your personal information or cancel your user account registration.

5. HOW THE COMPANY PROTECTS YOUR INFORMATION

We work hard to protect your personal information. We use both technical and procedural methods to maintain the integrity and security of our databases, including the use of firewalls.

However, you should keep in mind that no Internet transmission is ever completely secure or error-free. Although we may permit you to restrict access to certain of your information through your privacy settings, we cannot guarantee that such security measures are impenetrable. We are not responsible for any evasion of security measures incorporated into the Web Sites. Accordingly, we cannot guarantee that content you post on the Web Sites will only be accessed by authorized persons, and we cannot guarantee the security of your account information.

When you post or share information (e.g., personal information, photographs, videos and comments) with third parties using the Web Sites, such information may be shared with other Web Sites users in accordance with your privacy settings. Please remember that all such posting and sharing of information is done at your own risk, that such information may become publicly available, and that the Company cannot control the actions of persons with whom you choose to share your information. Any personally identifiable information or personally sensitive data that you disclose through the communities, forums, message boards, chat rooms, or other public online forums hosted on these Web Sites, if any, may be collected and used by others. You understand and acknowledge that, even after removal, copies of content may remain viewable in cached and archived pages or if other users have copied or stored your content. We recommend caution when giving out personal information to others in such public online forums.

The safety and security of your information also depends on you. If you have access to password-protected features, never share your password with anyone else, notify us promptly if you believe your password security has been breached, and remember to log off of these Web Sites before you leave your computer.

These may contain links to other Web Sites operated by third parties that may be of interest to you. We cannot control these third party sites, which may collect personal information from you. When you follow a link and leave these Web Sites, you do so at your own risk. To ensure protection of your privacy, always review the privacy policies of the sites you visit when linking from these Web Sites. The Company makes no representations or warranties with respect to the availability, ownership, or legality of any such linked sites, or for the content, advertising, products, or other materials available through such sites or resources.

6. WHAT THE COMPANY DOES ABOUT CHILDREN VISITING THE WEB SITES

The Web Sites are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Web Sites by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using these Web Sites, you represent and warrant that you are 13 years of age or older.

We will not knowingly collect personally identifiable information from Web Sites visitors under 13 years of age, and we will delete accounts held by individuals that we learn are under 13 years of age. We encourage parents and guardians to talk to their children about their use of the Internet and the information they disclose online. If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us via e-mail at help@youare.tv if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our databases. Additionally, parents and guardians of children under 13 years of age can delete their child's account.

7. HOW YOU CAN CONTACT THE COMPANY

If you have submitted personally identifiable information through the Web Sites or an interactive advertisement, or if someone else has submitted your personally identifiable information through the Web Sites or an interactive advertisement, and you would like to have that information deleted from our marketing databases, please contact us via e-mail at help@youare.tv . We will then use reasonable efforts to remove your personally identifiable information from our files. You also may contact us to request the personally identifiable information that the Company has collected about you through the Web Sites or interactive advertisements. The Company will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information.

If you have any questions, comments or concerns about this Privacy Policy or the information practices of these Web Sites, please contact us at:

GoodCrush, Inc.
32 Union Square East #1008, NYC NY
Email: help@youare.tv
©2011 GoodCrush, Inc.



Terms Of Use [Purpose: Maintain a positive community]



YouAreTV.com, StreamWith.com, MertonShow.com, CollegeOnly.com, GoodCrush.com and RandomDorm.com (the "Web Sites") are Web Sites provided to you by GoodCrush Inc. (the "Company"). Where appropriate, the term the "Company" refers both to the Company and its affiliates. All users of the Web Sites are subject to the following terms and conditions of use (these "Terms of Use"). The Web Sites are neither endorsed by nor affiliated with any school.

Please read these Terms of Use carefully before accessing or using any part of these Web Sites. By accessing or using these Web Sites, you agree that you have read, understood and agreed to be bound by these Terms of Use, as amended from time to time, as well as the Company Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of these Web Sites.

The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to these Web Sites. Your continued use of these Web Sites means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with these Web Sites, your sole and exclusive remedy is to discontinue using these Web Sites. It is your responsibility to regularly check the Web Sites to determine if there have been changes to these Terms of Use and to review such changes.

These Web Sites contain user-generated content, information, promotional materials, and links to third-party Web sites, including links to third-party merchants. As discussed in further detail below, you use these Web Sites at your own risk, and the Company is not responsible for third-party content, services or events described herein. You are solely responsible for any content you submit, post, transmit through, or link from the Web Sites, and you, not the Company, have full responsibility for the legality, reliability and appropriateness of any such content. Further, the Company is not responsible for the conduct, whether online or offline, of you or of any other user of the Web Sites.

As described in the Privacy Policy, these Web Sites collects information on use of the Web Sites as well as other personal information, survey responses and other demographic information. We use this information to improve the Web Sites, tailor advertising and promotions, and otherwise work with our service providers and partners to provide products and services to you.

The Company reserves the right to change any and all content and other items used or contained in the Web Sites and any services offered through the Web Sites at any time without notice.

ELIGIBILITY

Membership and use of these Web Sites are void where prohibited. The Web Sites are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Web Sites by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using these Web Sites, you represent and warrant that you are 13 years of age or older. The Company will delete accounts held by individuals that the Company learns are under 13 years of age. Additionally, parents or guardians of children under 13 years of age can delete their child's account.

REGISTRATION / USER ACCOUNTS

Some services of the Web Sites may permit or require you to create an account.

(a) You agree to provide true, accurate, current and complete information during the registration process for any account, and to keep the information current through updates. You may not impersonate any person or entity or misrepresent your identity, including by using another person's account information. We may suspend or terminate your account for any failure to comply with these Terms of Use, any terms related to any service offered through the Web Sites or for any reason whatsoever, or for no reason. Notwithstanding the foregoing, you acknowledge that the Company does not guarantee the accuracy of any information submitted by any user, including account information about the user.

(b) Accounts on the Web Sites are protected by a username and password. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your username and password and for any use of your username or password to gain access to your account and your account information. If you disclose your username or password to any other person, it is at your own risk.

(c) You do not own the account you use to access the Web Sites, and you do not own any data the Company stores on its servers. You understand and agree that you have no ownership rights in your account. Notwithstanding your ownership of your user generated content as described below, the Company may cancel your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, or for any other reason. Accordingly, you are solely responsible for maintaining your own copies of any content or data you may submit to the Web Sites. The Company assumes no liability for any information removed from our Web Sites for violating these terms.

(d) The Company does not recognize the transfer of accounts or profiles. You may not purchase, sell, gift or trade any Web Sites account or profile, or offer to purchase, sell, gift or trade any account or profile, and any such attempt shall be null and void.

USER CONDUCT

You agree to use the Web Sites only for lawful purposes:

(a) You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Web Sites will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

(b) You specifically agree not to upload, post, transmit, share, store or otherwise make available on the Web Site:

(c) You further specifically agree not to do any of the following:

(d) Additionally, you specifically agree not to send chain, commercial, promotional, bulk or junk communications to other Web Sites users through the unauthorized use of the Web Sites. The Company reserves the right to restrict the number of communications that you may send to other Web Sites users in any twenty-four (24) hour period and to charge you a reasonable fee for each such unauthorized communication you send through the Web Sites.

(e) Your failure to comply with the provisions of (a), (b), (c) or (d) above may result in the suspension or termination of your access to the Web Sites and may expose you to civil and/or criminal liability.

USER-GENERATED CONTENT

(a) You understand that the Company is not responsible for content made available through the Web Sites and that, under these Terms of Use, content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable may not be made available on the Web Sites. Any content and/or opinions uploaded, expressed or submitted to a feed, message board, blog, chatroom or any other publicly available section of the Web Sites (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company.

(b) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Sites that the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement, or for any other reason; and (2) terminate any user's access to all or part of the Web Sites without notice. However, the Company can neither review all material before it is posted on the Web Sites nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of these Web Sites and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(c) You understand and acknowledge that you are responsible for whatever content you submit, post, transmit through, or link from the Web Sites and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness.

(d) By uploading or otherwise transmitting material to any area of the Web Sites, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Sites. Furthermore, by posting content to any part of the Web Sites, you grant to the Company, and you represent and warrant that you have the right to grant to the Company, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, prepare derivative works of, incorporate into other works, reformat, translate, excerpt (in whole or in part), distribute, and sublicense such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Web Sites, including without limitation for promoting and redistributing part or all of the Web Sites (and derivative works thereof), through any media channels and in any media formats (e.g., web-enabled mobile devices, streaming media), now existing or existing in the future. You may remove your content from the Web Sites at any time. If you choose to remove your content, the license granted above will automatically expire. However you acknowledge that the Company may retain archived copies of your content. The Company does not assert any ownership over your content; rather, as between the Company and you, subject to the rights granted to the Company in these Terms of Use, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.

(e) You acknowledge that some of the content you post to the Web Sites, such as your user profile, will be displayed publicly on the Web Sites along with your name and other personally identifiable information. Some circumstances will enable you to mark certain information as private, including your user profile. Some circumstances will enable you to upload content without personally identifiable information, such as crushes. Accordingly, subject to the use of available privacy features, when you post content to the Web Sites, you acknowledge that you may be attributed as the author of such content. You agree that the Company may edit any list of authors to exclude minute or irrelevant contributions.

(f) THE COMPANY IS NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON OR THROUGH THE WEB SITES. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE WEB SITES OR RELEASE TO OTHERS.

(g) You acknowledge and agree that the content you post to the Web Sites may be subject to editing by others, including, without limitation, by other Web Sites users.

EVENTS PROMOTED ON THE WEB SITE

Now or in the future, these Web Sites may allow users to upload, post, transmit, share, store or otherwise make available information regarding events. For the purpose of this Section, the term "Events" includes all events, meetings, gatherings, "meetups" or incidents that are promoted or publicized on these Web Sites, whether legally sanctioned or unsanctioned.

Under these Terms of Use, users are only authorized to upload, post, transmit, share, store or otherwise make available on the Web Sites information regarding legally sanctioned Events. The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Sites that the Company deems, in its sole discretion, to relate to an unsanctioned Event; and (2) terminate any user's access to all or part of the Web Sites for posting material relating to an unsanctioned Event. However, the Company can neither review all material before it is posted on the Web Sites nor ensure prompt removal of all material relating to unsanctioned Events after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties regarding unsanctioned Events. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of these Web Sites and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Your attendance at, participation in, or involvement in any way with any Event, whether legally sanctioned or unsanctioned, is at your own risk. The Company is not responsible for and does not endorse any Events or the conduct, products, services or practices of any Company personnel, users or third parties involved with Events. IN NO EVENT SHALL THE COMPANY 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 THIS WEB SITES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) ATTENDANCE AT, PARTICIPATION IN, OR INVOLVEMENT IN ANY WAY WITH ANY EVENT, WHETHER LEGALLY SANCTIONED OR UNSANCTIONED, OR (II) COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS WEB SITES OR PERSONS INTRODUCED TO YOU BY THIS WEB SITES.

USER INTERACTIONS AND DISPUTES

You understand and agree that (i) the Company may, but is under no obligation to, become involved if you have a dispute with one or more other users; (ii) you are solely responsible for your interactions with other users of this Web Site; and (iii) the Company makes no representations or warranties as to the conduct of any persons using the WEB SITES. IN NO EVENT SHALL THE COMPANY 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 THIS WEB SITES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THESE WEB SITES OR PERSONS INTRODUCED TO YOU BY THESE WEB SITES.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

The Company's use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use. By using these Web Sites, you are consenting to have your personal data transferred to and processed in the United States.

SWEEPSTAKES / CONTESTS

The Company may run promotional contests or sweepstakes through the Web Sites from time to time ("Contests"). These Contests are described on the Web pages applicable to such Contests. The Contest rules and regulations, when they appear, should be considered to be part of these terms and conditions.

COMPANY GOODS AND SERVICES

Now or in the future, the Company may offer Company goods for sale through the Web Sites (e.g., merchandise branded with the Company's logo). Further, the Company reserves the right to charge for access and use of the Web Sites and to change its fees from time to time in its discretion. In the event that you choose to purchase such Company goods or services, you agree to the pricing, payment and billing terms applicable to such goods or services at the time of purchase. All sales are final. All fees and charges shall be billed to and paid for by you in U.S. dollars. You shall pay all applicable taxes relating to use and purchase of any such goods and services through your account.

DEALINGS WITH ONLINE MERCHANTS

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through these Web Sites, including, without limitation, any Event sponsor or organizer, you acknowledge and agree that the Company is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that the Company will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on these Web Sites.

LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES

These Web Sites contain links to other Web sites on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third-party Web sites, including, without limitation, sites framed within these Web Sites or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party Web Sites are at your own risk. If you decide to leave these Web Sites and access third-party Web sites or to use or install any third-party applications, software or content, you do so at your own risk and you should be aware that these Terms of Use and the Company's other policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web Sites to which you navigate from these Web Sites or relating to any applications you use or install from any third-party Web Sites.

LIABILITY OF THE COMPANY

The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Web Sites, whether made available by the Company, Web Sites users, or any other third party (the "Site Content"). Reliance on the Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content.

The Web Sites may be temporarily unavailable for maintenance or other reasons. The Company 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 communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Web Sites or combination thereof, including injury or damage to your computer or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with these Web Sites.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, PROPERTY INJURY, OR DEATH, RESULTING FROM USE OF THE WEB SITES, FROM ATTENDANCE AT, PARTICIPATION IN, OR INVOLVEMENT IN ANY WAY WITH AN EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE WEB SITES, OR FROM THE CONDUCT OF ANY USERS OF THE WEB SITES, WHETHER ONLINE OR OFFLINE.

THE WEB SITES, THE SITE CONTENT AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEB SITES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE WEB SITES, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THESE WEB SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THESE WEB SITES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, LOST DATA, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITES OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR SOFTWARE FROM OR THROUGH THESE WEB SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LOWER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR ACCESS AND USE OF THE WEB SITES, OR ONE HUNDRED U.S. DOLLARS ($100 USD).

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Sites or the delivery of products, services or information over the Web Sites, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising from or related to (i) any violation by you of these Terms of Use, (ii) your use of the Web Sites or any products, services or information obtained from the Web Site; (iii) any content that you upload, post, transmit, share, store or otherwise make available on the Web Sites, whether the content was created by you or created by a third party, (iv) your conduct in connection with the Web Sites or in connection with other users of the Web Site; or (v) any violation of any law or the rights of any third party.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of these Web Sites (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by U.S. and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Sites for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. You may not disassemble, reverse engineer or otherwise attempt to discover any code contained in the Web Sites. Neither the title nor any intellectual property rights to any information or material in these Web Sites are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of these Web Sites, (b) access to these Web Sites, or (c) use of these Web Sites or of any services or materials available through these Web Sites.

TRADEMARKS

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

COPYRIGHT COMPLAINTS

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such intellectual property rights. Under the Company's policy, your access to the Web Sites may be terminated if you infringe the intellectual property rights of others and will be terminated for repeated infringement.

If you believe that your work has been copied and posted on the Web Sites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and a description of where it is located on the Web Site; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) 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. The Company's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Josh Weinstein, GoodCrush Inc., 32 Union Square East #1008, NYC NY; copyright@youare.tv Attn: Copyright Agent.

If we remove your work from the Web Sites because of an infringement claim, and you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) 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; (iii) a statement, under penalty of perjury, 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 (iv) your name, address, telephone number, and e-mail address, (v) a statement that you consent to the jurisdiction of the federal courts located in or near Wilmington, Delaware, and (vi) a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of that person.

If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that the Company may replace the removed content or cease disabling access to that content. Unless the copyright owner takes appropriate action, the removed content may be replaced, or access to it restored, at the Company's sole discretion.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company will terminate your access to these Web Sites if it deems you to be a repeat infringer. The Company may also, in its sole discretion, limit your access to the Web Sites and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

ACCESS AND INTERFERENCE

You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Web Sites or to collect information from the Web Sites, (b) use any manual process to monitor or copy any of the material on the Web Sites or for any other unauthorized purpose without the prior written consent of the Company, (c) use any device, software or routine that interferes with the proper working of the Web Sites, (d) attempt to interfere with the proper working of the Web Sites, (e) take any action that imposes an unreasonable or disproportionately large load on the Company's infrastructure, or (f) use the Web Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Sites.

REPORTING IMPROPER CONDUCT

If you become aware of any content that may infringe the copyright or other intellectual property right of a third party or that you believe to be in violation of these Terms of Use, please contact our Copyright Agent as follows: Josh Weinstein, GoodCrush Inc., 32 Union Square East #1008, NYC NY; copyright@youare.tv Attn: Copyright Agent. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

TERMINATION

You agree that the Company has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Web Sites (or any part thereof), immediately and without notice, and remove and discard any content within the Web Sites, for any reason, including, without limitation, if the Company believes that you have acted inconsistently with the letter or spirit of these Terms of Use. You agree that the Company shall not be liable to you or to any third party for any termination of your access to the Web Sites. Further, you agree not to attempt to access the Web Sites after said termination.

GOVERNING LAW; JURISDICTION

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflicts of law principles. With respect to any disputes or claims, you understand that exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Sites shall be in the state or federal courts located in or near Wilmington, Delaware. You agree to submit to the jurisdiction of such courts, and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in or near Wilmington, Delaware.

COMMENTS AND SUBMISSIONS

The Company welcomes your comments. All comments, suggestions, questions, ideas, or other information sent by you to these Web Sites for internal use by the Company or its advertisers or business partners in response to solicitations on these Web Sites (your "Comments") will become the Company's property and you agree that all intellectual property rights therein are transferred to the Company. The Company thus shall be entitled to the unrestricted use and dissemination of your Comments for any purposes, commercial or otherwise, without acknowledgment or compensation to you. You further understand that any postings, or content submitted for posting, to publicly available portions of the Web Sites are non?confidential for all purposes.

COMPLIANCE

The owner of these Web Sites are based in the State of Delaware, USA. The Company makes no representation that materials in these Web Sites are appropriate or available for use in other locations. If you access these Web Sites from other locations, you are responsible for complying with local laws.

MISCELLANEOUS

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Web Sites, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Sites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

CONTACT

If you have any questions, comments or concerns about these Terms of Use, please contact us at:

GoodCrush, Inc.
32 Union Square East #1008, NYC NY
Email: help@youare.tv
©2011 GoodCrush, Inc.


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