Definitions and legal references
- This website (or this app)
- The property that allows the provision of the Service.
- Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
- Owner (or Us)
- Krunchy News – The natural person(s) or legal entity that provides this Website and/or Service to Users.
- The service provided by this Website as described in these Terms and on this Website.
- Provisions applicable to the use of this Website and the Services therein or in other related documents, subject to change from time to time without notice.
- User (or You)
- The natural or legal person using this Website.
This document constitutes an agreement between You and Krunchy News.
You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound by and comply with these Terms of Service (“Terms of Service”), the privacy notice our (“Privacy Notice”) and any additional terms that apply.
These Terms govern
- the terms that allow you to use this website and,
- any other relevant agreement or legal relationship with the Owner
in a legally binding manner. Capitalized words are defined in the appropriate sections of this document.
The user should read this document carefully.
If you do not agree to all of these Terms of Service and any additional terms that apply to you, please do not use this website.
This website is provided by:
738 Jay Street
Rochester, NY, 14611
Summary of what the user needs to know
- Please note that certain provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to consumers or users who do not qualify as Consumers. These limitations are always expressly stated in each applicable section. In the absence of any such reference, the sections apply to all Users.
Individual or additional conditions of use or access may apply in certain cases and are additionally indicated in this document.
By using this website, users confirm that they meet the following requirements:
- There are no restrictions on Users being Business/Commercial Users or Consumers.
Content on this Website
Unless otherwise stated, all Website Content is provided by or owned by the Owner or its licensors.
The Owner has made efforts to ensure that the Website Content does not violate legal provisions or rights of third parties. However, it is not always possible to achieve such a result.
In such cases, the User is requested to report complaints using the contact details specified in this document.
Rights Regarding Content on This Site – All Rights Reserved
The Owner retains and owns all intellectual property rights in any such content.
Therefore, users are not allowed to use such content, in any way that is not necessary or implied for the proper use of the Website/Service.
Specifically, but without limitation, users may not transmit, copy, store, download, print, share (beyond the limits set forth below), convert, modify, translate, publish, transmit, sell, sublicense, edit, transfer /outsource to third parties or create derivative works from the content available on this Website, nor allow third parties to do so through the User or their device, even without the User's knowledge.
Where expressly stated on this Website, the User may download, copy and/or share any content available through this Website for his sole personal and non-commercial use and provided that the copyright deliveries and all other deliveries requested by the owner are properly implemented.
Any applicable statutory limitation or exclusion of copyright shall remain unaffected.
Access to external resources
Through this Website, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The terms that apply to any resources provided by third parties, including those that apply to any possible grant of rights to the content, are derived from the terms and conditions of each third party or, in the absence thereof, from applicable law.
This Website and the Service may be used only within the scope for which they are intended, in accordance with these Terms and applicable law.
Users are solely responsible for ensuring that their use of this Website and/or the Service does not violate any applicable laws, regulations or rights of third parties.
Liability and compensation
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, joint names, partners and employees from and against any claim or demand — including, but not limited to, attorney's fees and costs—from any third party due to or in connection with any wrongful use of or connection to the Service, violation of these Terms, violation of any third party rights or statutory provision by the User or its associates, officers, directors, agents, associates, partners and employees to the extent permitted by applicable law.
Limitation of liability
Unless expressly stated otherwise and subject to applicable product liability laws, Users shall not have the right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or bodily integrity, damages resulting from a breach of a fundamental contractual obligation, such as any obligation that is absolutely necessary to achieve the purpose of the contract, and/or damages resulting from fraud or gross negligence, as long as this Website has been used appropriately and correctly by the User.
Unless the damages have been caused by fraud or gross negligence or affect life, health or physical integrity, the Owner is only liable to the extent of typical and foreseeable damages at the time of the conclusion of the contract.
Limitation of liability
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. The use of the Service is the responsibility of the User. To the fullest extent permitted by applicable law, Owner expressly disclaims all conditions, representations and warranties — whether express, implied, statutory or otherwise, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third parties. No advice or information, whether oral or written, obtained by User from Owner or through the Service shall create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, partners, associates, suppliers and employees do not warrant that the Content is accurate, reliable or correct. that the Service will meet the User's requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner will not be a party to or in any way monitor any transaction between Users and third party providers of products or services.
The Service may become inaccessible or may not function properly with the User's web browser, mobile device and/or operating system. The Owner cannot be held responsible for any perceived or actual damages resulting from the content of the Service, the operation or use of this Service.
Federal law, certain states and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights that vary from state to state. Disclaimers and exclusions under this agreement do not apply to the extent prohibited by applicable law.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER AND ITS AFFILIATES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, ASSOCIATES, SUPPLIERS AND EMPLOYEES BE LIABLE FOR ANY
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for lost profits, goodwill, use, data or other intangible damages, arising out of or related to the use or inability to use the Service; and
- any damage, loss or injury resulting from intrusion, tampering or other unauthorized access to or use of the Service or user account or information contained therein;
- any errors, mistakes or inaccuracies in content;
- bodily injury or material damage, of any nature, resulting from the user's access to the Service or its use.
- any unauthorized access or use of the Owner's secure servers and/or any personal information stored therein;
- any interruption or interruption of transmission to or from the Service;
- any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service. and the
- the defamatory, offensive or illegal conduct of any User or third party; In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or expenses in an amount that exceeds the amount paid by the User to the Owner hereunder during the preceding 12 months or the term of this agreement between the Owner and the User, whichever is less.
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability under the terms do not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, partners, associates, suppliers and employees harmless from and against any claims or demands, damages, liabilities, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and expenses, arising out of
- User's use of and access to the Service, including any data or content transmitted or received by User.
- User's breach of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms.
- Violation by the user of any third-party rights, including but not limited to any right of privacy or intellectual property rights;
- Violation of any statutory law, rule or regulation by the user.
- any content submitted from the User's account, including access by third parties with the User's unique username, password or other security measure, if applicable, including but not limited to misleading, false or inaccurate information.
- Intentional user misconduct. the
- legal provision by the User or its affiliates, officers, directors, agents, joint names, partners, suppliers and employees to the extent permitted by applicable law.
Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be deemed a further or continuing waiver of this term or any other term.
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, notifying Users accordingly.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will work with Users to allow them to withdraw Personal Data or information in accordance with applicable law.
In addition, the Service may be unavailable for reasons beyond Owner's reasonable control, such as “force majeure” (eg, labor actions, infrastructure failures or power outages, etc.).
Users may not reproduce, copy, duplicate, sell, resell or exploit any portion of this Site and its Service without the express prior written permission of the Owner, granted either directly or through a legitimate resale program .
Intellectual property rights
Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.
Any trademarks and all other marks, trade names, service marks, word marks, illustrations, images or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.
Such intellectual property rights are protected by applicable laws or international treaties relating to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The User's continued use of the Website and/or the Service will signify the User's acceptance of the revised Terms.
Failure to accept the revised Terms may entitle either party to terminate the Agreement.
If required by applicable law, the Owner will specify the date on which the modified Terms will become effective.
The Owner reserves the right to transfer, assign, dispose or subcontract any or all rights under these Terms. Provisions regarding changes to these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any manner, without the written permission of the Owner.
All communications relating to the use of this Website must be sent using the contact details set out in this document.
In the event that any of these Terms are held or rendered invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
If any provision of these Terms is or is held to be invalid, void or unenforceable, the parties will use their best efforts to amicably reach an agreement on valid and enforceable provisions, thereby replacing the invalid, void or unenforceable portions.
In case of omission, the invalid, void or unenforceable provisions are replaced by the applicable statutory provisions, insofar as this is permitted or referred to by the applicable legislation.
Subject to the foregoing, the invalidity, invalidity or unenforceability of a particular provision of these Terms shall not invalidate the entire Agreement, unless the particular provisions are material to the Agreement or of such importance that the parties would not have entered into the Agreement if knew that the provision would not be valid or in cases where the remaining provisions would translate into unacceptable hardship for either party.
Any such invalid or unenforceable provision shall be construed, interpreted and reformed to the extent reasonably necessary to make it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and Owner with respect to the subject matter hereof and supersede all other communications, including without limitation all prior agreements, between the parties regarding such subject matter. These Terms will be enforced to the fullest extent permitted by law.
These Terms are governed by the law of the location where the Owner is located, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European consumers
However, notwithstanding the above, if the User qualifies as a European Consumer and is habitually resident in a country where the law provides a higher level of consumer protection, those higher standards will prevail.
Place of Jurisdiction
The exclusive jurisdiction to decide any dispute arising out of or related to these Terms rests with the courts of the place where the Owner is located, as shown in the relevant section of this document.
Exception for European consumers
The above does not apply to users who qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.