Effective date: July 23, 2023
Welcome to MyCrush! These Terms of Service (“Terms”) apply to your use of our website(s), products, services, and applications, including the MyCrush app, and all related features technologies and software (collectively, the “Services”). These Terms are a binding contract between you and MyCrush, Inc. (“MyCrush,” “we” and “us”), so it is very important that you carefully read them. BY CREATING AN ACCOUNT WITH US, USING THE SERVICES IN ANY WAY, OR DOWNLOADING OUR APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. If you do not wish to be bound by the Terms, do not create an account with us and do not use the Services. Declining to accept these Terms means you will be unable to use our Services. We may post additional usage and conduct rules regarding the Services. You are required to abide by those rules as if set forth in full in these Terms.
Our Services include information on what to do and where to go in Dallas and surrounding cities, plus additional content targeted toward couples. The MyCrush App also provides the ability to track date activities and history and includes the ability to be sent notifications and to interact with other users.
We want our Services to be safe and secure for everyone. To use our Services, the following restrictions apply:
You may be required to create an account to use certain features in the Services. Your name, date of birth, email address, and access to SMS text messages at a valid phone number are needed to use the MyCrush app. As a registered user, you can update your account settings by logging into your account and clicking “Settings.” We may, in our sole discretion, reject, change, suspend and/or terminate your account. As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to access your account or access Services through your Account. Your account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your account or any other breach or threatened breach of our security or the security of your account. In addition, you agree that:
The MyCrush app provides a platform for its users to suggest things to do to other users and communicate by messaging with other users. We may offer you the opportunity to invite others to join your activities on the MyCrush app or otherwise enjoy the Services. If you choose to invite others using text messaging (SMS) or another communications app, we may suggest content for the message (which you may be able to edit and approve in certain instances). You may send invitations via the messaging functionality on your device or through text messages generated by the Services. If you choose to send such invitations, you represent to us that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
You represent and warrant to us that:
Safety is a core philosophy at MyCrush, and we need your help to try to keep our Services safe. So to use the Services, you agree that:
With your permission, the Services may collect your precise geolocation data. Any location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Services.
When you use our Services, you may create, display, post, send, receive, upload, and store content (“Content”). For us to provide the Services, you must grant us certain rights to use your Content. You retain whatever ownership rights you have in your Content, but subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit an display any and all Content, and waive any moral rights you may have in your Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services, and researching and developing new ones. Additionally, when you appear in, create, upload, post, or send Content, you also grant MyCrush the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. You will not be entitled to any compensation from MyCrush if we use your Content or if your name, likeness, or voice is used or conveyed in connection with the Services. It is very important to note that, except for Limited Audience Content (defined below), your Content may be accessed and viewed by other users and the public to the full extent permitted by the functionality of the Services.
If you submit Content in a manner that only certain specified users can view (such as, for example, a private message to one or more users) (“Limited Audience Content”), then you grant MyCrush the licenses above, but only for the purpose of providing the Services to you and making that Limited Audience Content available or accessible to such other specified users. Also, you grant such other specified users the right to access the Limited Audience Content to the full extent permitted by the functionality of the Services.
We may modify or adapt Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
We welcome feedback and suggestions from our users; however, please note that if you provide feedback or suggestions to MyCrush, they will not be kept confidential, and we may use them without compensating you, and without any restriction or obligation to you.
If your account is cancelled or terminated, MyCrush may permanently delete your Content from our servers.
Subject to these Terms, MyCrush grants you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to access and use the Services in accordance with these Terms. You acknowledge that you are receiving licensed rights only. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process, or procedure established with respect to the Services.
Any software that MyCrush provides to you in connection with the Services may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
MyCrush reserves and retains all rights not specifically granted in these Terms.
In addition, MyCrush may change or alter your username and remove any content from the Services, including your Content, if we believe it is appropriate or necessary to do so.
Our Services exist to connect people through activities and experiences, and allow them to share content with each other, so by using our Services you understand that you may access content that is created by other users (“User Content”). We are a passive conduit for User Content. All User Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such User Content originated, and you access all such information and User Content at your own risk. We are not responsible for User Content in any way, including its accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, or any intellectual property rights therein, and are not responsible for any errors or omissions in User Content, or for any damages or loss you might suffer in connection with it. Although we reserve the right to review all content and User Content that appears on the Services and to remove or refuse to post or publish any content or User Content that, in our sole and absolute discretion, is objectionable, violates these Terms, our Community Guidelines, or the law, we do not necessarily review all of it. We also cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
Additionally, the Services may contain or make available access to information, activities, experiences, restaurants, events, travel ideas, products, services, and other materials from third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. MyCrush neither controls nor endorses, nor is it responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. MyCrush has no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply MyCrush's endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service, privacy policies, rules, restrictions, and other terms of the providers of such Third Party Materials). MyCrush is similarly not responsible for your experience or participation in any activity or experience suggested or otherwise made available through the Services.
All of our products and services, all MyCrush logos, symbols, names, trade dress, or “look and feel”, and those portions of the Services that are property of MyCrush, as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets, and copyrights), are our sole and exclusive property. MyCrush reserves all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights, and your use of the Services does not convey or imply the right to use the Services in combination with any other information or products.
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located in this service;
Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The above information must be submitted to MyCrush at:
Attn: DMCA Notice
MyCrush
1408 N Riverfront Blvd #302, Dallas, Tx 75207
hello@mycrush.io
Our Services are continuously evolving and improving. We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether, in whole or in part. We may impose limits on certain features, or restrict access in certain ways. We may take any of these actions at any time, and we may not provide you with prior notice when we do so.
You are responsible for any mobile charges that you may incur by using our Services. Please contact your mobile service provider for specific information about the types and amounts of these charges.
The information that the Services collects may be stored locally on your device and may be transmitted to our servers in other countries where we or our service providers operate. The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help protect your personal information against unauthorized access and disclosure.
However, we do not guarantee that your personal information or private communications will always remain private when using the Services.
You may terminate these Terms and stop using the Services at any time. You may terminate your account by deleting your account in your account settings.
MyCrush may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits, restrictions, or requirements on your ability to use our Services.
Provisions that, by their nature, should survive termination of these Terms shall survive. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
You agree, to the fullest extent permitted by applicable law, at your own cost and expense, to indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to (a) your access to or use of the Services; (b) your Content; and (c) your breach of these Terms.
We try to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US OR VIA THE SERVICES ARE “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY (1) CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES; OR (2) ANY ACTIVITIES, EXPERIENCES, RESTAURANTS, EVENTS, TRAVEL IDEAS, PRODUCTS, OR SERVICES SUGGESTED OR MADE AVAILABLE TO YOU IN CONNECTION WITH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, INACCURATE, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE WILL BE RESPONSIBLE FOR.
We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of: (1) use, access or attempted use or access of the Services; (2) accessing, receiving, or downloading any information from the Services; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these Terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website or on our application of any material changes, and you can see when these Terms were last revised by referring to the “Effective date” above. Your continued use of the Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
If you have any comments, questions, concerns, or suggestions about these Terms, please contact us at hello@mycrush.io.