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Please read these Terms of Use carefully before purchasing, accessing or using any mobile applications made available by Blank Space, Inc. including this website.

These Terms of Use are effective on May 1, 2013.
Updated April 12, 2014.

By accessing or using the Blank Space website, the PhotoCrash website, the PhotoCrash Facebook page, the PhotoCrash Google+ page, the PhotoCrash Twitter feed, the PhotoCrash Instagram page, any present or future social media sharing service (such as Pinterest, Tapiture, StumbleUpon) or by submitting photography or art created using PhotoCrash, PhotoCrash LITE, PhotoCrash Fright and/or PhotoCrash Fright LITE or any mobile applications made available by Blank Space, Inc. (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned and controlled by Blank Space, Inc. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not purchase, contact, share, post, access or use the Service.


Blank Space, Inc. may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of this website constitutes your acceptance of such changes. Your access and use of the Service will be subject to the current version of the Terms of Use, rules and guidelines posted on this website at the time of such use. Please regularly check the "Terms of Use" link on the bottom pages of photocrashapps.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Service and/or this website shall automatically terminate.


Basic Terms


1.  You must be at least 12 years old to use the Service.

2.  You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
3.  You are responsible for any postings you make as well as any photos and/or art (“Content”) you agree to share. You also represent that all information you provide to Blank Space will be true and accurate.
4.  You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
5.  You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, share, post or display on or via the Service.
6.  You understand and agree that Blank Space cannot and will not be responsible for the Content shared and posted on the Service and you use the Service at your own risk.
7.  We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
8.  We reserve the right to remove Content, including posts and comments, by anyone for any reason at any time.
9.  There may be links to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. Blank Space does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Blank Space is in no way responsible or liable for any such third-party services or features. 
10. You agree that you are responsible for all data charges you incur through use of the Service.

Rights


1.  Blank Space does not claim ownership of any Content outside of PhotoCrash, PhotoCrash LITE, PhotoCrash Fright and PhotoCrash Fright LITE that you share, post on or through the Service or through submissions, including email and postal service.

2. All Content made available through PhotoCrash, PhotoCrash LITE, PhotoCrash Fright and PhotoCrash Fright LITE is copyrighted and considered for personal use only. No commercial rights are expressed, implied or permitted. Any posting, sharing, selling or re-selling of any Content or personal works containing Content to any media, site, service, application or communication medium not owned by Blank Space constitutes a violation of copyright and may initiate action by the original licensors. All Content in the public domain or covered by the U.S. fair use laws is exempt from this contract.
3.  You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
4.  The Service contains content owned or licensed by Blank Space ("Blank Space Content"). Blank Space Content is protected by copyright, trademark and other laws, and, as between you and Blank Space, Blank Space owns and retains all rights in the Blank Space Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Blank Space Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Blank Space Content.
5.  The Blank Space, PhotoCrash, PhotoCrash LITE, PhotoCrash Fright and PhotoCrash Fright LITE names and logos are trademarks of Blank Space, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Blank Space.
6.  You agree that Blank Space is not responsible for, and does not endorse, Content posted within the Service. Blank Space does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
7.  Except as otherwise described in the Service's Privacy Policy, available here, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Blank Space is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Blank Space in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Blank Space, and Blank Space will not be liable for any use or disclosure of any Content you provide.

Reporting Copyright and Other IP Violations

1.  Blank Space, Inc., makers of PhotoCrash, PhotoCrash LITE, PhotoCrash Fright and PhotoCrash Fright LITE, takes copyright infringement very seriously. All images, photos and art contained in PhotoCrash, PhotoCrash Lite and PhotoCrash Fright have been properly licensed, are in the public domain, covered by the U.S. fair use laws or attribution was not made available.
 
2.  If you believe any Image, art or other material made available by Blank Space, Inc. infringes upon any copyright that you own or control, please notify Blank Space, Inc. immediately in the manner set forth in our DMCA Copyright Infringement Notice Policy and it will be removed.
3.  All versions of images or photos that have been specifically edited or altered for use in PhotoCrash, PhotoCrash LITE, PhotoCrash Fright and PhotoCrash Fright LITE are the sole property of Blank Space, Inc. and may not be copied without permission. Any unauthorized use may result in lawyers.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL BLANK SPACE, INC. BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE BLANK SPACE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BLANK SPACE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF BLANK SPACE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL BLANK SPACE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL BLANK SPACE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).


BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


BLANK SPACE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.


ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND BLANK SPACE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
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