Terms of Service

Cruxlux.com ("the Website") is a hosted service. Any use of the Website or Cruxlux widgets is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to the Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website or Cruxlux widgets will constitute your acceptance of these terms and conditions.

Your Cruxlux Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign categories to your posts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Cruxlux may change or remove any post, essay, description, category, link, or any other material that it considers inappropriate or unlawful, or likely to cause Cruxlux liability. You must immediately notify Cruxlux of any unauthorized uses of your account or any other breaches of security. Cruxlux will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Cruxlux may from time to time set storage limits for your essays and posts, or take any other measures Cruxlux considers appropriate to manage the Website. Cruxlux will advise you of any such change, and may do so in any reasonable manner, such as posting a change on your profile page, or via the news or blog section linked from, or displayed, on the front page ("front page" is at cruxlux.com), or by email, or by other reasonable means. Cruxlux may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice.

Responsibility of Contributors. If you post an essay, post comments, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• - the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• - if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• - you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• - the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• - the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• - the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
• - you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Cruxlux or otherwise.

Content submitted as an Essay (which can be done when a debate or question is first created, by entering the text in the box labeled "Essay") will be called "Essays" in the following. All other Content submitted by users will be called "Non-Essay Posts". By submitting an Essay, you grant Cruxlux a worldwide, royalty free, and non-exclusive license to reproduce, modify, adapt, and publish the Content on the site. By submitting a Non-Essay post, you agree that the Content will be subject to the Creative Commons Public Domain license, available at http://creativecommons.org/licenses/publicdomain/. Due to the nature of the site, with posts interdependent on one another, you cannot remove Content from the site after you have submitted it.

Without limiting any of those representations or warranties, Cruxlux has the right (though not the obligation) to, in Cruxlux's sole discretion (i) refuse or remove any content that, in Cruxlux's reasonable opinion, violates any Cruxlux policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cruxlux's sole discretion. Cruxlux will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors. Cruxlux has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Cruxlux does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cruxlux disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cruxlux.com links, and that link to Cruxlux.com. Cruxlux does not have any control over those non-Cruxlux websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cruxlux website or webpage, Cruxlux does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cruxlux disclaims any responsibility for any harm resulting from your use of non-Cruxlux websites and webpages.

Embedded Cruxlux Widget. We make available embeddable widgets that people can integrate into other sites and which provide various functionalities. We reserve the right to disable Cruxlux widgets on any site, for any reason. We make no warranty regarding the widgets and are not liable for any impact it may have on an integrating site or visitors to such a site; see later sections of these Terms for details. The presence of a Cruxlux widget on another site does not imply any endorsement of that site by Cruxlux.

Tips and Pledges. Cruxlux.com and the Cruxlux widget allow users to make pledges towards other content producers. Read the details carefully when doing so. We have designed the system to try to maximize our confidence that the person claiming to be responsible for a site or RSS feed (to whom payment should be transmitted) really is responsible for it, but we cannot make any guarantees in this regard. If you believe that we have assigned ownership of a given RSS feed or site incorrectly, please contact us and let us know; Cruxlux disclaims responsibility and/or liability for such misassignment and/or its consequences. Cruxlux reserves the right to refuse to forward pledges to any person or entity for any reason, including after amounts have been pledged to that person or entity, with or without notice to either the person(s) making those pledges and/or or intended recipients of those pledges. Cruxlux will not retain beyond six months that portion of actual specific payment made by a user towards a site/feed which would have gone to that site/feed if Cruxlux does not intend to transmit payment to the intended entity. Other than the preceding case, no refunds will be made once a payment has been submitted to Cruxlux.

Copyright Infringement and DMCA Policy. As Cruxlux asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cruxlux.com violates your copyright, you are encouraged to notify Cruxlux. Cruxlux will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Cruxlux or others, Cruxlux may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Cruxlux will have no obligation to provide a refund of any amounts previously paid to Cruxlux.

Trademarks. Cruxlux, Cruxlux.com, the Cruxlux.com logo, and all other trademarks, service marks, graphics and logos used in connection with Cruxlux.com, or the Website are trademarks or registered trademarks of Cruxlux. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cruxlux or third-party trademarks.

Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Cruxlux and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

Termination. Cruxlux may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cruxlux account (if you have one), you may simply discontinue using the Website and remove any Cruxlux widgets you have embedded on other sites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of warranties of Cruxlux, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided as is. Similarly, the embeddable widget is provided as is. Cruxlux, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website or Cruxlux widget at your own discretion and risk, and that Cruxlux, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

Limitation of liability of Cruxlux, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Cruxlux, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Cruxlux, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Cruxlux, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Cruxlux during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section represents a reasonable allocation of risk.

General Representation and Warranty. You represent and warrant that your use of the Website and Cruxlux widgets will be in accordance with the Cruxlux Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

Indemnification. You agree to defend, indemnify and hold harmless Cruxlux, its founders, its owners, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

Miscellaneous. These Terms and Conditions constitute the entire agreement between Cruxlux and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cruxlux, or by the posting by Cruxlux of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; Cruxlux may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.