Terms of Use Agreement

TERMS OF USE AGREEMENT – CRASSCAPTAIN.COM 


The CrassCaptain.com website (the "Site") is operated by Crass Captain, LLC.   These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use the Site.  To the extent rules or guidelines affecting your use of the Site are found on other pages of the Site, those rules and guidelines are hereby incorporated by reference into these Terms of Use.  By using the Site you (hereinafter either “you” or "User") agree to these Terms of Use.  If you do not agree to these Terms of Use, you should immediately cease all use of this Site.  We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice.  You are encouraged to check the Site regularly for changes to the Terms of Use.  Modifications will become effective immediately upon being posted at the Site, without further notice to you.  Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications.  Except as provided in this paragraph, these Terms of Use may not be amended.

1. Content

Our Site features a wide array of intellectual property content, including but not limited to, text,  information, audio, video, and third party user-generated content (collectively “Content”).  To the extent new Content, services, or features are added to the Site in the future, the use thereof is also governed by these Terms of Use.

2. Submissions

We are interested in your stories, anecdotes and other written contributions to our blog on the topic of poor or inefficient organizational leadership.  We are looking for user generated content to include in an upcoming book on this subject.  Before you submit any material to the Site, you must review and accept the Freelance Author Blog Agreement.

3. Privacy Policy

Our Privacy Policy describes the information we collect when you and others use this Site, as well as how we use the information, and some of the steps we take to protect your privacy.  Our Privacy Policy is part of these Terms of Use.  By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

4. Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CRASSCAPTAIN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  CRASSCAPTAIN.COM is not responsible for the timeliness of delivery of Content, any failures of delivery, or erroneous deletion or failure to store any of YOUR personal settings or communications.

UNDER NO CIRCUMSTANCES, WILL CRASSCAPTAIN.COM, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF CRASSCAPTAIN.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CRASSCAPTAIN.COM, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

5. Indemnification

You agree to indemnify and hold CRASSCAPTAIN.COM, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Site, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer or account.

6. Modifications and Interruption to the Site

CRASSCAPTAIN.COM reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. CRASSCAPTAIN.COM will not be liable to you or any third party should CRASSCAPTAIN.COM exercise such right.  You acknowledge and accept that CRASSCAPTAIN.COM does not guarantee continuous, uninterrupted or secure access to the Site, that operation of the Site will not be uninterrupted or error free, and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7.Third-Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor.  We encourage our users to review the terms of use and privacy policies of third-parties' sites.

8. Your Obligations

As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or other country.  If you wish to register on our Site you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, address, etc.) as required by CRASSCAPTAIN.COM's registration form(s) and further agree that you will update such data to keep it accurate, current and complete. CRASSCAPTAIN.COM reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.

If you obtain a username and password by registering on this Site, you may not share your username and password with any other person or authorize any other person to use your username and password.  You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password.  You agree to notify CRASSCAPTAIN.COM immediately of any known or suspected unauthorized use of your username and password or any other breach of security. CRASSCAPTAIN.COM cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

If you are the parents of children under the age of 13, and you wish to allow your children access to the Site, you will be required to certify that you are at least 18 years old and that you are the legal guardian of the child/children accessing the Site.  As your child's legal guardian, you are responsible for determining whether any of the content on the Site is, or is not, appropriate for your child.

9. User-Submitted Content and User Conduct

Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation classified ads, postings on message boards or blogs, or other content which does not originate with CRASSCAPTAIN.COM (“User Content”), is the sole responsibility of the person who made such User Content available on the Site.   Under no circumstances will CRASSCAPTAIN.COM be liable in any way for any User Content made available through this Site by you or any third party.

Since CRASSCAPTAIN.COM does not control the User Content posted on the Site, it cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content.  You agree and understand that by accessing the Site, you may encounter Content that you may consider to be obscene, improper, or for other reasons deemed objectionable.  CRASSCAPTAIN.COM has no responsibility for any User Content, including without limitation any errors or omissions therein.  CRASSCAPTAIN.COM is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site, whether by CRASSCAPTAIN.COM, individual users of the Site, or third party contractors or licensors of CRASSCAPTAIN.COM.
You agree that you will not use the Site to transmit or make available any Content that:

  • violates any laws, contains any threats, is abusive, tortuous, harassing, vulgar, obscene,indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
  • infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
  • contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual under the age of 18;
  • you know or have reason to know is false, misleading, or fraudulent;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • contains forged headers or employs other techniques whose purpose is to disguise the origin of the Content submitted;
  • contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
  • You further agree not to use the Site to:
  • engage in any conduct which might be harmful to minors;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.


In addition, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto.

CRASSCAPTAIN.COM reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on the Site.  You agree that the exercise by CRASSCAPTAIN.COM of such discretion will not convert or transform User Content to Content owned or provided by CRASSCAPTAIN.COM, and the user who made such User Content available on the Site will retain ownership thereof as described below.

With respect to any information you provide to CRASSCAPTAIN.COM, including personal data and information, you agree and accept that CRASSCAPTAIN.COM may retain, maintain and/or disclose such information and User Content if required to do so by law or in a good faith belief that such retention, preservation and/or disclosure is reasonably necessary to: (a) respond to any legal process; (b) enforce these Terms of Use; (c) respond to any claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CRASSCAPTAIN.COM, its users and the public.

10. Ownership of Submitted Content

If you upload, post, transmit or otherwise make any User Content available through this Site, you agree to be bound by the Freelance Blog Author Agreement for CRASSCAPTAIN.COM

11. Ownership of Feedback

CRASSCAPTAIN.COM welcomes your comments and feedback regarding this Site.  All information and materials submitted to CRASSCAPTAIN.COM through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of CRASSCAPTAIN.COM (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but CRASSCAPTAIN.COM reserves the right to treat any such Feedback as the confidential information of CRASSCAPTAIN.COM.  For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

 By submitting Feedback to CRASSCAPTAIN.COM, you assign to CRASSCAPTAIN.COM, and its parent, subsidiaries, and affiliates, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback.  CRASSCAPTAIN.COM will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.  You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

12. Disclaimer Regarding Accuracy of Content

Much of the Content on the Site, including without limitation User Content, has been provided by or obtained from parties other than CRASSCAPTAIN.COM.  CRASSCAPTAIN.COM makes no representations or warranties as to the accuracy or reliability of any Content on the Site created or provided by third parties. CRASSCAPTAIN.COM makes no warranties or representations whatsoever with regard to any product or service provided or offered by any vendor on the Site (including without limitation advertisers on the Site and individuals or entities placing classified advertisements on the Site) and you acknowledge that any reliance on representations and warranties provided by any party other than CRASSCAPTAIN.COM will be at your own risk.  You expressly agree to hold CRASSCAPTAIN.COM harmless for any claims of damage arising from any product or service provided by any third party.

13. Copyright and Trademark Information

All Content included or available on this Site, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006-2007 Crass Captain, LLC. with all rights reserved, or is the property of CRASSCAPTAIN.COM and/or third parties, and is protected by the intellectual property rights of those owners.  Any use of materials on the Site, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CRASSCAPTAIN.COM, is strictly prohibited.  With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of CRASSCAPTAIN.COM.

You may use the Content solely for your personal, non-commercial use, except that a commercial web site is permitted to link to the Site provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by CRASSCAPTAIN.COM.  You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.  You may not make any use of Content owned by any third parties which is available on CRASSCAPTAIN.COM, without the express consent of those third parties.  All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the appropriate U.S. federal court, whether registered or unregistered.  Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Site will be deemed by CRASSCAPTAIN.COM to be an intentional infringement.

All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties.  In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with CRASSCAPTAIN.COM.

15. Notification of Claimed Copyright Infringement

In the event that you find Content posted on the Site which is believed to infringe the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact CRASSCAPTAIN.COM’s Copyright Agent as described below.  To report any alleged infringement, you may either use this form or, if you are unable to access this form, please contact us in writing by providing a signed statement containing the following information:
your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner

  1. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  2. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
  4. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
  5. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  6. a statement that all of the information you have provided is true.



Please send your notice of alleged infringement to:

By Mail addressed to:

Copyright Agent

CRASSCAPTAIN.COM, LLC.
3620 W 10th St B-103

Greeley, CO 80634

 

16. Links to the Site and RSS Feeds

Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to the content on the Site, provided that the hyperlink accurately describes the content as it appears on the Site.  You are further granted a right to implement the RSS feeds offered by our Site, solely in the manner described on our Site.  CRASSCAPTAIN.COM reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.  Under no circumstances may you "frame" the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages.  When a page of our Site is accessed from a link (including RSS feeds) featured on your web site, each page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site.

17. Governing Jurisdiction of the Courts of the State of Colorado

 Our Site is operated and provided in the State of Colorado. As such, we are subject to the laws of Colorado, and such laws will govern these Terms of Use, without giving effect to any choice of law rules.  We make no representation that our Site is appropriate, legal or available for use outside of the United States. Accordingly, if you choose to access our Site you agree to do so subject to the internal laws of Colorado.  The state and federal courts of Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of this Site.

18. Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

19. Other Terms

If any provision of these Terms of Use will be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) will not be affected thereby and will remain valid and enforceable to the maximum possible extent.  You agree that these Terms of Use and any other agreements referenced herein may be assigned by CRASSCAPTAIN.COM, in our sole discretion, to a third party in the event of a merger or acquisition.  These Terms of Use will apply in addition to, and will not be superseded by, any other written agreement between us in relation to your participation as a User.

You agree and understand that these Terms of Use constitute the entire agreement between you and CRASSCAPTAIN.COM regarding your use of the Site, and that any and all prior agreements between you and CRASSCAPTAIN.COM are superseded by these Terms of Use.  Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with CRASSCAPTAIN.COM (including without limitation the Freelance Author Blog Agreement).  You may not amend these Terms of Use.

Any failure by CRASSCAPTAIN.COM to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights.  If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties' intentions as reflected in the provision, and that all of the other provisions of these Terms of Use will remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of site or relating to the terms of these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Freelance Blog Author Agreement

Important - Read Carefully:  This Freelance Blog Author Agreement and License (“Agreement”) is a legal agreement between you as the author of written submission to the CRASSCAPTAIN.COM website and [[CRASSCAPTAIN.COM, a Colorado corporation- verify legal name]] (“CRASSCAPTAIN.COM”).  , YOU AFFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION. BY CLICKING THE “I AGREE” CHECKBOX AT THE END OF THIS REGISTRAION PAGE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT SUBMIT THIS AGREEMENT OR ANY MATERIAL TO THE CRASSCAPTAIN.COM WEBSITE.

In consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Consideration.  You will not be compensated for providing written works of authorship on the subject(s) identified on the  CRASSCAPTAIN.COM website (“Works”).  You may, however, be compensated if your story is published in a written book.  Amount of compensation will be at the sole discretion of Crass Captain, LLC.  Although you will not be paid for submitting the Works, your name and you Work(s) may be displayed on the CRASSCAPTAIN.COM website (“Site”) Additionally, your Work or a portion or derivative thereof may be selected to appear in a book published by CRASSCAPTAIN.COM or its designees.  CRASSCAPTAIN.COM may, in its sole discretion, ask you to enter into a paid freelance author agreement upon terms to be mutually agreed between you and CRASSCAPTAIN.COM in place of this Agreement for future Works.  CRASSCAPTAIN.COM makes no representations as to the likelihood that you will ever receive monetary compensation from CRASSCAPTAIN.COM from submitting Works or otherwise, under a freelance author agreement or any other arrangement.  You will not receive reimbursement for any expenses incurred in creating the Works unless such expenses have been pre-approved by an authorized representative of CRASSCAPTAIN.COM in writing (including by e-mail).  If any charges are to be reimbursed by CRASSCAPTAIN.COM as described herein, you will maintain complete and accurate records of all such charges, for a period of twelve months from the date of termination, cancellation, or expiration of this Agreement.  CRASSCAPTAIN.COM reserves the right to inspect your records upon reasonable notice and to retain copies thereof.

Term/Termination. This Agreement is effective when you click on the “I Agree” checkbox, and continues until terminated by either party as described herein (the “Term”).  Either you or CRASSCAPTAIN.COM may terminate this Agreement immediately at any time, with or without cause, by giving written notice to the other.   If you wish to terminate this Agreement, you may do so by sending an e-mail to CRASSCAPTAIN.COM at info@crasscaptain.com stating that you wish to terminate this Agreement.  Likewise, CRASSCAPTAIN.COM will notify you via email or U.S. Mail if it elects to terminate this Agreement with you.  Sections 3, 4, 5, 6, 7, 8 and 10 through 12 will survive any expiration or termination of this Agreement.  CRASSCAPTAIN.COM will have no liability arising out of the termination of this Agreement.  Upon termination of this Agreement, you will discontinue and refrain from submitting any additional Works to the Site.

Requirements and Limitations.

You understand and agree that CRASSCAPTAIN.COM may or may not in its sole discretion, pre-screen the Works posted on or available through the Site.  CRASSCAPTAIN.COM and its designees have the right (but not the obligation) to edit the content or length, or to entirely remove any Work(s) or any portion thereof, that is published by you to the CRASSCAPTAIN.COM website or otherwise made available by you to CRASSCAPTAIN.COM, with or without cause, for any reason or no reason whatsoever, in the sole discretion of CRASSCAPTAIN.COM or its designees.   If you wish to challenge the removal of any of your Works from the CRASSCAPTAIN.COM website, you may send an e-mail to info@crasscaptain.com; however, CRASSCAPTAIN.COM will have no obligation to respond to such e-mail or take any action with regard thereto.  In addition to the terms and conditions of this Agreement, you agree to follow the Terms of Use for the Site .

You represent that you are the author of all Works that you submit to the Site.  No Work(s) or portion thereof may contain:

  • any content that identifies (A) by name; or (B) by a description sufficient to identify any living individual, company or other organization, except that you may use fictitious names for organizations and individuals that do not identify or indicate the person or organization’s actual identity;
  • any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, violates another's privacy or rights of publicity, or is hateful, or racially, ethnically or otherwise objectionable;
  • any content that you know or have reason to know is false, misleading, or fraudulent;
  • any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
  • any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • any content that may be interpreted to promote any illegal activity;
  • any content soliciting any personal or private information from any individual under the age of 18; or
  • links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.


c)In addition, you are prohibited from engaging in any of the following activities with regard to the Works:

impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

interfering with or disrupting the Site, or servers or networks connected thereto;

violating any local, state, national or international law, rule or regulation; or

engaging in, encouraging or facilitating the "stalking" or other harassment of a third party.


d)  You acknowledge, consent and agree that CRASSCAPTAIN.COM may access, preserve, and disclose your personal information and Works or any portion thereof if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the CRASSCAPTAIN.COM Terms of Use; (c) respond to claims that any Work violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Site, consumers of the Site’s products or services, and/or the public.

Confidential Information.  As used herein, "Confidential Information" means any and all technical or business data or information or software that may be furnished, in whatever form or medium, by CRASSCAPTAIN.COM to you regardless of whether such technical or business data or information is marked or identified as “Confidential.”  You agree to: (1) treat as confidential, and preserve the confidentiality of, all Confidential Information; (2) use the Confidential Information solely for the purposes of this Agreement; and (3) not copy such Confidential Information unless specifically authorized by CRASSCAPTAIN.COM.  Nothing in this Agreement may be construed as granting any right or license under any copyrights, trademarks, patents, or other proprietary rights now or hereafter owned or controlled by CRASSCAPTAIN.COM.  You will promptly return all Confidential Information at CRASSCAPTAIN.COM’s request.  These obligations will not apply to any information that:  (1) is already in your possession as shown by written documentation; or (2) without action or fault on your part, is or becomes publicly available; or (3) you have obtained from a third person without breach by such third person of an obligation of confidence.

Ownership of Works and License for Certain Rights.

         a)You hereby irrevocably transfer and assign to CRASSCAPTAIN.COM all rights and interests in and to the Works now known or which may exist in the future anywhere in the world, in all languages, including, but not limited to, the following:

Ownership of the copyright in the Work (and all renewals, extensions, reversions and continuations thereof), including without limitation the right to apply for and obtain copyright protection for the Work in the CRASSCAPTAIN.COM’s name, or as the CRASSCAPTAIN.COM may direct; and

The right to create and publish derivative works based on or incorporating the Work or any portion thereof (“Derivative Works”), including without limitation translations thereof in any language, for the purpose of adapting its contents for different markets and/or other uses in the CRASSCAPTAIN.COM’s sole discretion, in any media or formats now known or which may exist in the future.  With regard to any such derivative works, CRASSCAPTAIN.COM is hereby granted all rights therein as set forth in this Section 5 with regard to the Work;

The right to publish, reproduce, market, distribute, transmit, display, sell, and otherwise exploit the Work, any Derivative Works and any future revisions or editions thereof throughout the world in all media or formats now known or which may exist in the future, including without limitation in book or electronic form, and to have the same rights in the Derivative Works and revised editions as in the original Work;

The right to use the Author’s name and image on the Work and in connection with advertising and marketing the Work;

Any and all electronic rights, including the right to publish, distribute, sell, display, and transmit the Work in any electronic, machine-readable format, audio, video, or other media or formats now known or which may exist in the future, including, without limitation, stand-alone CD and Web-based versions of the Work, whether in linear or interactive format, and whether or not including additional material in the CRASSCAPTAIN.COM’s sole discretion; and

The right to sublicense to third parties any of the rights set forth in this Section 5, or to otherwise authorize third parties to exercise any such rights.

You hereby grant to CRASSCAPTAIN.COM an non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to:

Use, copy, transmit, display and otherwise promote your name, image, likeness, and biographic information in connection with the exercise of the rights granted herein, including without limitation in connection with the advertising, promotion, and publication of the Works in any manner, media or format now existing or hereafter devised; and

Sublicense, syndicate, or otherwise grant third parties any of the rights described in this subsection 5(b), without any obligation of notice or compensation to you.

Upon request by CRASSCAPTAIN.COM, you will promptly sign, acknowledge, and deliver to CRASSCAPTAIN.COM any documents necessary to, or take any other actions required to, confirm, perfect, protect, defend, convey or enforce any of the rights assigned under this Agreement to the Works, including, without limitation, to register the copyright in the Works in CRASSCAPTAIN.COM’s name or as it may direct.  You hereby irrevocably waive all rights under all laws (of the United States and all other countries) now existing or hereafter permitted, with respect to any and all purposes for which the Work or any derivative works may be used, including without limitation: (a) all rights under the United States Copyright Act, or any other country’s copyright law, including but not limited to, any rights provided in 17 U.S.C. §§ 106 and 106A; (b) any “moral rights of authors” existing under statutory, common or any other law.  You will not make any claim under this Agreement or otherwise, to have any right, copyright, title, or interest of any kind or nature whatsoever, in any material or media created by CRASSCAPTAIN.COM in which any Work or portion thereof appears.  Nothing in this Agreement may be construed as granting any right or license under any trademarks, copyrights, inventions or patents now or hereafter owned or controlled by CRASSCAPTAIN.COM.

Injunctive Relief.  You acknowledge that a breach, actual or threatened, of Sections 4, 5, or 7 will cause irreparable harm to CRASSCAPTAIN.COM, the amount of which may be extremely difficult to estimate, thus making any remedy at law inadequate.  CRASSCAPTAIN.COM will therefore be entitled to seek immediate injunctive relief and any other relief CRASSCAPTAIN.COM deems appropriate from a court of competent jurisdiction without having to post a bond or other security.  This right will be in addition to any other remedy available to CRASSCAPTAIN.COM in law or equity.

Warranties.  You hereby represent and warrant that: (i) all Works will comply with the requirements set forth in Section 4(b) and 4(c) of this Agreement; (ii) you are at least 18 years old, you have the full mental and legal capacity, power, and authority to enter into this Agreement, and your performance of the Services and all terms of this Agreement will not breach any agreement that you have with another party; (iii) the Works are original and you are the sole author of the Works and the sole owner of all rights therein, or if you have included any portions of third party copyrighted works within the Works, such inclusions either constitute “fair use” under the U.S. Copyright Act, or you have (or will prior to the submission of any Works to CRASSCAPTAIN.COM) obtained permission for any excerpts from third party copyrighted works as may be included in the Works with regard to all of the rights granted to CRASSCAPTAIN.COM herein, without payment to or attribution of such third party; (iv) you have neither received nor arranged to receive any compensation from any manufacturer of any product, provider of any service, or any other person or entity mentioned in any of the Works; (v) you have disclosed all potential conflicts of interest arising out of your employment or interest in products, companies, or publications mentioned in the Works or competing with those products, companies or publications; (v) you will perform the Services in a professional manner, consistent with industry standards, and (vi) you will abide by all applicable laws and regulations, and any of CRASSCAPTAIN.COM’s rules, in the course of performing the Services.

Indemnification. You agree to indemnify, defend, and hold harmless CRASSCAPTAIN.COM and/or its licensees against any and all claims, suits, losses, liabilities, and/or judgments, including costs, expenses, damages, and legal fees based upon and arising from (i) your violation of the rights of others; (ii) your breach of any of the foregoing warranties; (iii) your violation of any other terms of this Agreement; or (iv) your access to, and use of, the Product.

Insurance.  You understand that unless you are otherwise notified by CRASSCAPTAIN.COM in writing, you, the Works will not be covered under any insurance policy of CRASSCAPTAIN.COM, and it is your own responsibility to contract for any insurance coverage you may wish to obtain.    CRASSCAPTAIN.COM may decide at any time in its sole discretion whether or not to add you or remove you from coverage under any CRASSCAPTAIN.COM insurance policy.

Independent Contractor.  You will perform your obligations hereunder as an independent contractor and not as the agent or employee of CRASSCAPTAIN.COM.  You do not have the authority to act for CRASSCAPTAIN.COM or to bind CRASSCAPTAIN.COM in any respect whatsoever.  You will be responsible for supplying all labor, tools, equipment and materials necessary to provide the Services, with the exception of the Product.

Assignment and Delegation.  You may not assign, transfer, or sublicense any rights or interests in this Agreement or delegate any obligations hereunder without written permission of CRASSCAPTAIN.COM.  Any attempted assignment, transfer, or sublicense by you is void.  All Services will be performed by you personally.  CRASSCAPTAIN.COM may assign this Agreement to any of its Affiliates without notice to you.

Miscellaneous.  This Agreement and the rights and obligations of the parties hereunder will be governed by, and construed in accordance with the laws of the State of Colorado, without reference to the choice of law principles thereof.  Any actions, proceedings or suits concerning or relating to this Agreement or the Works may only be brought in a court of competent jurisdiction in Denver, Colorado, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto.  If any part of this Agreement is found unenforceable, it will not affect the validity or enforceability of any other provision of this Agreement and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision.  Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder.  This Agreement and the Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior oral or written communications or agreements of the parties related thereto.  This Agreement and the Terms of Use will be construed together, to the extent that it is possible to do so.  In the event of any conflict between the Terms of Use and this Agreement, the terms of this Agreement will control.  CRASSCAPTAIN.COM may at any time, in its sole discretion, revise the terms of this Agreement, provided that such revision will apply only to Works submitted after the date of the revisions.