End User Privacy and Terms
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Agreement Between End User and Crescerance Inc.
These Mobile Solutions are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the App constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Consent to Use of Data
If you decide to download and use an Application, we will be collecting and storing on behalf of the applicable Crescerance Customer any personally identifiable information that you provide to such Crescerance Customer, such as, for instance, your name, email address, postal code, birthday, and other optional information that a Crescerance Customer may choose to collect, which optional information is not required to use the Application.
You agree that Crescerance may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Crescerance may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. Any data collected through the use of analytics is strictly confidential between Crescerance and Customer and is used to further improve your experience through the Mobile Solutions. Any personally identifiable data that is collected through analytics is kept strictly confidential with Crescerance and is not shared with any Customer. We do not sell any personally identifiable information of End Users to any third parties.
We may also collect your IP addresses as well as non-identifying details such as the geographic location of the IP address you are using to access the Internet, the type of browser used, which and how many web pages have been viewed by you, which applications you have used, search terms used, referring/exit pages, platform type and date/time information.
You may be asked by Crescerance Customers to provide additional information to them, including your personally identifiable information, to be used and shared pursuant to their own privacy policies. We encourage you to read such privacy policies before providing any information to any Crescerance Customers or other third parties. While working with reputable customers is a top priority for us, we are not responsible for the use of your information by Crescerance Customers, and disclaim any liability related thereto.
You may opt-out of any analytics tracking by emailing us at email@example.com with your device ID. Your smartphone ID can be found in the following ways, based on your device:
You can find one of several free apps on the Android Marketplace to look up your Android ID. Click here to find one.
To find Blackberry PIN number, go to the following menu options Options » Status » PIN on your device.
• iPad/iPhone/iPod (iOS)
To find your UDID, launch iTunes on your computer and connect your device. Select your device from the devices area on the left hand side of iTunes. In the right pane, locate the information about your iPhone in the Summary tab. Click Serial Number, and the Identifier (UDID) will appear.
Visiting www.Crescerance.com or sending emails through any features contained within the Mobile Solutions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Crescerance does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.Crescerance.com or any of its associated products (mobile websites or mobile applications) only with permission of a parent or guardian.
Links to Third Party Sites / Third Party Services
www.Crescerance.com or any of its Mobile Solutions may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Crescerance and Crescerance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Crescerance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Crescerance of the site or any association with its operators.
Certain services made available via any of Crescerance’s Mobile Solutions are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Crescerance.com domain or through any Mobile Solutions, you hereby acknowledge and consent that Crescerance may share such information and data with any third party with whom Crescerance has a contractual relationship to provide the requested product, service or functionality on behalf of Mobile Solutions’ end users and customers.
No Unlawful or Prohibited Use / Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Mobile Solution, is the property of Crescerance or its Customers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Mobile Solution. Crescerance content is not for resale. Your use of the Mobile Solution does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Crescerance and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Crescerance or our licensors except as expressly authorized by these Terms.
Materials Provided to Mobile Solutions, www.Crescerance.com or Posted on any Crescerance Web Page
Crescerance does not claim ownership of the materials you provide to www.Crescerance.com or any Mobile Solutions (including feedback and suggestions) or post, upload, input or submit to any Crescerance Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Crescerance, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Crescerance is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Crescerance’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Crescerance from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Crescerance Content accessed through any Mobile Solution in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Crescerance, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Crescerance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Crescerance in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CRESCERANCE INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CRESCERANCE INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CRESCERANCE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination / Access Restriction
Crescerance reserves the right, in its sole discretion, to terminate your access to the Mobile Solution and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Crescerance as a result of this agreement or use of the Mobile Solutions. Crescerance’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Crescerance’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Crescerance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Crescerance with respect to the Mobile Solution and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Crescerance with respect to the Mobile Solution. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to End User Privacy and Terms
Crescerance reserves the right, in its sole discretion, to change the Terms under which Mobile Solutions are offered. The most current version of the Terms will supersede all previous versions. Crescerance encourages you to periodically review the Terms to stay informed of our updates.
PO Box 20316
Atlanta, GA 30325
Email Address: firstname.lastname@example.org
Telephone Number: (404) 913-CRES or (404) 913-2737
Effective as of May 01, 2011
Last Updated: April 1, 2012