letters to crushes terms of use

effective: 11/8/2013

We welcome you as a reader or contributor of the letters to crushes Site, and we encourage you to participate in our community. Before you take part, however, we ask that you please read and agree to the following Terms of Use.

We want everyone (not just attorneys) to understand the following Terms of Use and agree to it before engaging in the letters to crushes online community. So, we use common language instead of legalese. Here’s a table of translations:

how we say it... what we mean
  • "letters to crushes"
  • "us"
  • "our"
  • "we,"
Seth Hayward, the sole proprietor, who operates the letters to crushes Site, as well as any entities controlled, managed, or operated by Seth Hayward for the purpose of supporting the letters to crushes Site and all applications.
"the letters to crushes Site" The letters to crushes website, www.letterstocrushes.com, and services, including applications, emails, and the associated chat room.
  • "you"
  • "your"
You! Regardless of whether you are an individual, organization, or group we mean you. This also applies whether you are using the letters to crushes site on behalf of yourself or someone else.
"Terms of Use" This document, which you are currently reading entitled "letters to crushes terms of use".
"contributions" Content, such as a letter to your crush, a comment, or a "like", which you add to the letters to crushes Site.
"personal information" Information we collection about you that could be used to personally identify you.
  • "third party"
  • "third parties"
  • "third-party providers"
  • "third-party service providers"
Individuals or entities that are not managed, operated, or controlled by letters to crushes. This includes employees, directors, officers, and contractors of those entities, as well as other letters to crushes users.

1. our services

letters to crushes hosts letters our users post to their crushes. We only act as a hosting service, which means we maintain the infrastructure that allows you to post your thoughts and feelings as contributions to the letters to crushes Site. Regarding our relationship to you and the other users of the letters to crushes Site, please keep the following in mind:

  • Your actions are your own. You are legally responsible for the contributions you make. While, we hope and intend for the contributions made to the letters to crushes to be harmless, we cannot offer any protection, immunity, guarantee, or indemnification from legal authorities, including legal authorities outside of the United States. So, please be aware of the local laws where you live, edit or view content on the letters to crushes Site. For your own protection, please avoid contributing:
    • content to the letters to crushes Site that would result in civil or criminal liability under any applicable laws; and
    • Personal information, such as your current location, your home address, or the home address of others.
  • We are not editors. Users like yourself submit all of the content that we host on the letters to crushes Site. In general, we do not edit or monitor the content that is submitted, nor are we responsible for the content of the contributions to the letters to crushes Site. We simply provide an avenue for you to access letters and other content your fellow users have contributed without endorsing any opinions expressed within the posted content or representing or guaranteeing the accuracy, truthfulness, ore reliability of any contributions to the letters to crushes Site.

We are not responsible for the consequences of posting or sharing any information, including personal information, on the letters to crushes Site.

2. content we host

Our content is for entertainment purposes only. Nothing posted on the letters to crushes should be taken as professional advice. Before you act on any information, advice, or opinion offered through the letters to crushes Site, please seek independent, professional counseling from someone qualified in the applicable area.

You may find some content offensive or objectionable. Please use common sense and proper judgment when using the letters to crushes Site.

3. privacy policy

Please review our Privacy Policy, so that you understand how we collect and use your information. People all over the world use our services. As a result, personal information we collect may be stored and processed in the United States of America or any other location in which we or our agents maintain facilities. Your use of the letters to crushes Site constitutes your consent to any such transfer of information outside your country.

4. passwords

Your password is your responsibility. Never disclose it to any third party.

5. inappropriate activities

letters to crushes exists because of people like you, who contribute, read, and comment on the content. We want you to participate in the online community. We also want to protect you and everyone else who uses the letters to crushes Site. So, we hope that you'll be courteous in your interactions with other community members.

Certain harmful activities, regardless of their legality, violate our rules and some activities may also subject you to civil or criminal liability. For your own protection, as well as the protection of other users of the letters to crushes Site, you may not enter into these activities on our site.

  • Bullying, Harassing, or Abusing Others
    • Harassment, stalking, spamming, vandalism, or making threats is not permitted on the letters to crushes Site.
  • Impersonation or Fraud
    • letters to crushes encourages you to substitute real names with initials or pseudonyms when using the letters to crushes Site. However, we explicitly do not allow the following:
      • impersonation of another individual or user, or using the alias of another user with the intent to deceive; and
      • posting content that is libelous or defamatory.
  • Violating Other People's Privacy
    • The health and well-being of all of our users is important, but especially in relation to minors under the age of eighteen (18). Solicitation of personally identifiable information from anyone under the age of eighteen (18) for an illegal purpose or violating any applicable laws regarding minor users of the letters to crushes is prohibited.
    • Solicitation of personally identifiable information for the purpose of violating the privacy of others, harassment, exploitation, or any promotional or commercial purpose is explicitly not permitted by letters to crushes.
    • letters to crushes expressly prohibits infringement of the privacy rights of others, both in accordance with the laws of the United States, as well as the laws of any other applicable jurisdiction. Please be aware of the local laws where you live or where you view or submit content.
  • Infringing Proprietary Rights
    • Copyright, patent, trademark, or other infringement of proprietary rights under applicable law is prohibited.
  • Use for Other Illegal Purposes
    • The following activities are prohibited on the letters to crushes Site:
      • contributing content or exhibiting behavior in the letters to crushes chat room that violates applicable law concerning child pornography;
      • posting or trafficking in obscene material that is unlawful under applicable law; and
      • using the letters to crushes Site in a manner that conflicts with applicable law.
  • Disrupting the letters to crushes Site or interfering with another party's enjoyment of the letters to crushes Site
    • Uploading, transmitting, or otherwise making available through the letters to crushes Site content that contains software viruses or any other computer files, programs, or code designed to limit, destroy, or interrupt the functionality of any computer software, hardware, or telecommunications equipment is strictly prohibited.
    • Using the letters to crushes Site in any manner that could overburden, damage, impair, or disable any letters to crushes server, or network(s) connections or interfere with another user's enjoyment and use of the letters to crushes Site is not allowed.
    • Gaining unauthorized access to any letters to crushes Site content, accounts, network(s), or computer systems through password mining, hacking, scraping, or by any other means to obtain any materials or information not intentionally made available on the letters to crushes Site.

letters to crushes reserves the right at all times, but does not have an obligation, to remove or refuse to distribute any contributions on the letters to crushes Site, and to suspend or terminate users. We also reserve the right to read, access, preserve, and disclose any information as we reasonably believe is necessary to:

  • satisfy applicable law, regulation, legal process, or governmental request;
  • enforce these Terms of Use, including investigations of potential violations hereof;
  • detect, prevent, or otherwise address fraud, security or technical issues;
  • response to user support requests; and
  • protect the rights, property or safety of letters to crushes, its users, and the public.

6. Your Rights

Except as otherwise provided in these Terms of Use, you retain your rights to any contributions you post or submit on or through the letters to crushes Site. However, by posting or submitting your contributions on or through the letters to crushes Site, you grant us, and our assigns, agents, and licensees, a worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, promote, syndicate, create derivative works, distribute, and redistribute such contributions in any and all media or distribution methods now known or later developed. All rights title and interests in any collective work or other derivative work, or compilation created by us using or incorporating your contributions, (but not your original contribution) shall be owned by us. Such additional use by letters to crushes, or other organizations, companies, or individuals who partner with letters to crushes, may be made with no compensation paid to you with respect to the contributions that you submit, post, or otherwise make available through the letters to crushes Site.

7. letters to crushes' Rights

All right, title, and interest in and to the letters to crushes Site, excluding contributions made by users to the letters to crushes Site, are and will remain the exclusive property of letters to crushes and its licensors. The letters to crushes Site is protected by copyright, trademark, and other laws of both foreign countries and the United States. Any comments, suggestions, or feedback you submit regarding letters to crushes, or the letters to crushes Site is completely voluntary and letters to crushes may use such feedback, suggestions, or comments at our own discretion, and without obligation to you. Nothing in these Terms of Use grants you a right to use the letters to crushes name or any of the letters to crushes logos, domain names, or other distinctive brand indicators.

By using the letters to crushes Site, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any contributions that you make available on or through the letters to crushes Site.

8. Software License

letters to crushes gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by letters to crushes as part of the letters to crushes Site. The only purpose of this license is to enable you to use and enjoy the letters to crushes Site as provided by letters to crushes, in the manner authorized by these Terms of Use.

9. DMCA Compliance

letters to crushes reserves the right to remove, without prior notice, at our sole discretion and without liability to you, content alleged to be infringing a copyrighted work. If you are the owner of content that you believe is being improperly used on the letters to crushes Site without your permission, please provide us with the following information:

  • a description of the material alleged to be infringed along with your signature as the copyright owner, or a signed representation that you are authorized to act on behalf of the copyright owners;
  • a description of the material that is alleged to be infringing and that is to be removed, including enough detail to locate the allegedly infringing work;
  • your accurate contact information, including legal name, address, telephone number, and email address;
  • a statement by you illustrating your good-faith belief that the use of the disputed material is not authorized by the copyright owner, its agent, or the law; and
  • a statement signed under penalty of perjury that you are either the copyright owner or the agent authorized to act on behalf of the copyright owner and that the information in the notification is accurate.

If you have registered an account with the letters to crushes Site and are determined to be a repeat infringer, letters to crushes will terminate your account.

The required notification information should be directed to our designated agent at the address below:

Seth Hayward
3364 Cottonfield Dr
Mount Pleasant, SC 29466
email: letters.to.crushes@gmail.com

10. Disclaimers and Limitations of Liability

Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  • The letters to crushes is offered "AS-IS". Access to and use of the letters to crushes Site or any contributions offered on or through the letters to crushes Site is done at your own risk. We supply the letters to crushes Site on an "AS IS" and "AS AVAILABLE" basis "WITH ALL FAULTS". Without limiting the foregoing, to the maximum extent permitted under applicable law, letters to crushes DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. letters to crushes makes no warrant and disclaims all responsibility and liability for:
    • the completeness, accuracy, availability, timeliness, security ore reliability of the letters to crushes Site or any contributions;
    • any harm to your computer system, loss of data, or other harm that results from y our access to or use of the letters to crushes Site or any contributions made on or through the letters to crushes Site;
    • the deletion of, or the failure to store or to transmit, any contributions or other communications maintained by the letters to crushes Site; and
    • whether the letters to crushes Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from letters to crushes or through the letters to crushes Site, will create any warranty not expressly made herein.
  • We are not liable for third-party sites or links. You accept sole responsibility for and assume all risk arising from your use of any third-party website or resources. Although the letters to crushes Site contains links to third-party websites and resources, we do not endorse and are not responsible or liable for their:
    • availability or accuracy; or
    • related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.
  • letters to crushes WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE letters to crushes SITE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) IN AGGREGATE. IN THE CASE THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, ALTHOUGH OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. General Legal Terms

The failure of letters to crushes to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the letters to crushes Site will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

These Terms of Use and our Privacy Policy are the entire and exclusive agreement between letters to crushes and you regarding the letters to crushes Site, and these Terms of Use supersede and replace any prior agreements between letters to crushes and you regarding the letters to crushes Site. We may revise these Terms of Use from time to time, the most current version will always be at letterstocrushes.com/terms. If the revision, in our sole discretion, is material we will attempt to notify you by a prominent display on our homepage for a minimum of thirty (30) calendar days, and where necessary we will seek the prior consent of our users. By continuing to access and use the letters to crushes Site after those revisions become effective, you agree to be bound by the revised Terms of Use.

If you have any questions about these Terms of Use, please contact us at letters.to.crushes@gmail.com.

12. Thank you!

We appreciate your taking the time to read these Terms of Use, and we are very happy to have you accessing, using, and contributing to the letters to crushes Site. Your contributions allow the letters to crushes community to thrive and we appreciate your involvement with the letters to crushes Site.