Terms of Service

Last Updated: November 28, 2024

The following terms of service, (these “Terms”) are entered into by and between you and Alice & Co. 76 LLC d/b/a Crush (“Crush,” the “Company,” “we,” “us” or “our”). These Terms govern your access to and use of our website (our “Site”), our application (“App”) or any other products and services made available by us (collectively, the “Services”).

Please read these Terms carefully. By accessing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. Your use of the Services is contingent on your compliance with the terms and conditions outlined herein, and subject to such compliance we grant you a limited, non-exclusive, non-transferable, non-assignable right to access the Services, which access shall remain in effect unless and until terminated by you or us.

If you are an individual accessing or using the site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated, then you are agreeing to these terms on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to these Terms. In such circumstances, references to “you' and “your” in these Terms will refer to any such organization.

THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

  1. Privacy Policy

Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at [ ](“Privacy Policy”). Our Privacy Policy details how we collect and use your information.

  1. Changes to these Terms

Please review these Terms regularly. We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If you do not accept any modification to the Terms, you must stop using the Services, including (as applicable) cancelling any subscription you have and deleting your account.

  1. Use of the Services

Your use of the Services is subject to your compliance with these Terms. We reserve the right to modify the Services (or any part thereof) from time to time and we are not liable to you or to any third party for any such modification.

  1. Eligibility. We only permit individuals who located in the United States, are at least 18 years old or the age of majority in their state, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services. If you believe a Minor is using our Services in violation of these Terms, please report it to support@aliceco.org.

You can only use the Services to the extent you are not prohibited by law from using our Services and are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country. You are solely responsible for ensuring compliance with any laws applying to their use of the Services.

You may not use the Services if you (i) are on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do they face any other similar prohibition), (ii) have committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless they have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services, (iii) are required to register as a sex offender with any state, federal or local sex offender registry, and (iv) have previously been prohibited from using our Services for, among other reasons, violating these Terms.


By accessing and using the Services, you warrants that:

(i) You are in compliance with all of the eligibility requirements set forth above;

(ii) You are legally capable of entering into binding contracts;

(iii) All registration information you submit is truthful and accurate and that you will maintain the accuracy of such information; and

(iv) You use of the Services does not violate any applicable law or regulation.

  1. Access to the App. To access the App, you must have mobile device operating on Android or iOS and download the App to that device.

  2. Restrictions on Use. You may only use the Services as explicitly authorized and in compliance with any policies made available within the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

  • Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for the permitted uses under this Terms or any services agreement you may have with the company, without our express written consent;

  • Resell the Services, or any portion thereof, for commercial purposes;

  • Scrape the Services or use other automated or manual means to take our content or harvest or collect information about other users without our express prior written consent;

  • Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;

  • Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure;

  • Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

  • Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;

  • Run any form of auto-responder or “spam” on the Services;

  • Access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party;

  • Engage in racism, sexism, religious discrimination, hate speech, harassment, bullying, personal attacks, name-calling, trolling or any other type of abuse;

  • Post any defamatory, indecent, offensive, profane, misleading content or otherwise make any threatening comments.

  • Choose a username that we, in our sole discretion, deem offensive;

  • Disrupt or interfere with another user’s use of the Services;

  • Use or post the personal information of any third-party;

  • Post or use an image or the likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian);

  • Post or use an image or the likeness of a minor who is unaccompanied by the minor's parent or guardian or not fully clothed or otherwise depicts or implies a minor engaged in sexual activity;

  • Promote or solicit users for services or products;

  • Transfer your account to or share your login information with a third-party;

  • Provide a third-party with access to the Services via any means; or

  • Otherwise take any action in violation of these Terms.

We encourage you to report any conduct that you believe violates these prohibitions by contacting us at support@aliceco.org.

  1. Modifications to the Services. We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice to you. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

  2. Availability of the Services. Access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. We will not be liable to you if the Services are unavailable from time to time.

  3. Suspension or Termination of Use. We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms or any other obligation that you may owe to us. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of content from the Services.

  4. Effect of Termination. Unless your account or registration is terminated by us for you having violated these Terms, you otherwise engaged in conduct that harms or is intended to harm us or the Services, or we discontinue the Services, the term of your access to the Services will continue indefinitely until cancelled by you.

If your access to the Services is terminated or suspended for any reason (including where you deletes their account or cancels their access to the Services), (i) all rights granted under these Terms will end, (ii) you agree to immediately terminate and cease use of all Services, and (iii) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of the your information or account data. All sections of these Terms that by their nature are intended to survive such suspension or termination shall so survive.

  1. User-specific Terms.

  1. User Accounts. Each individual who wishes to access and use the App (a “User”) will be required to register a User account (“Account”). A User may not register for more than one Account.

In order for us to provide the best possible service, each User agrees that, as part of the registration process, they will provide us with complete and accurate information and also agrees to keep their Account information up to date at all times. Each User agrees that all information that they submit upon creation of their Account is accurate and truthful.

Each User is solely responsible for any activity that occurs through their Account. A User should not share their Account information with a third-party. Each User agrees to not use another person’s Account or registration information to access or use the Services. Each User agrees not to permit any third party to use your Account or registration information to access or use the Services. Each User is solely responsible for keeping their Account, including any password, secure and for any consequence resulting from their failure to do so. A User should never publish, distribute, or post login information for their Account.

We reserve the right to disable any username, password or other identifier, whether chosen by a User or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, the User has violated any provision of these Terms.

  1. Using the App.

    1. Creating an Account. As stated above, in order to use the App and the Services, Users will need to create an Account, in connection with which a User will need to provide us with certain personal information about themselves, including but not limited to, their name, age, gender identity, and what type of person they are interested in being matched with romantically, and other interests. This information will be shared with other Users.

    2. Deleting an Account. You may delete your account at any time by clicking into your profile, then clicking “Delete Account” and following any prompts/instructions. Once your Account has been deleted, any data associated with your Account is also deleted and we will not be able to restore your Account or any associated date once this occurs. Thus, you will need to create a new Account if your Account has been deleted and you wish to again use the Services.

IF YOU HAVE A SUBSCRIPTION (DISCUSSED BELOW), PLEASE NOTE THAT DELETING YOUR ACCOUNT WILL NOT RESULT IN ANY SUBSCRIPTION BEING CANCELLED AND YOU WILL CONTINUE TO BE CHARGED FEES UNTIL YOU EFFECT CANCELLATION OF YOUR SUBSCRIPTION AS SET FORTH BELOW.

  1. User Content. Any information that a User provides in connection with your Account, including any images that you upload, is a “User Submission.” User Submissions are viewable by other users. In order to display your User Submissions on the Services, you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Crush a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as an Android) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to another User) (a “Limited Audience User Submission”), then you grant Crush the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view or if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Crush the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with the Company’s business, which may include licensing to third parties. Also, you grant all other Users a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services and in accordance with these Terms.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Crush account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other Users (if applicable), but you understand and agree that it may not be possible to completely delete that content from our records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that Crush in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and you agree that we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use any content on the services or what actions you may take as a result of having been exposed to such content, and you hereby release us from all liability for you having acquired or not acquired any content through the Services. We can’t 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.

You understand and agree that your identity may be discovered by other users on the Services. You provide User Submissions at your own risk, and you understand that our privacy obligations are as set forth in the Privacy Policy. If you do not accept this risk, do not use the Services.

You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

Under rights provided by the Digital Millennium Copyright Act (the “DMCA”), third parties may request that we remove material from the App that has been posted by Users and that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.

CRUSH ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SERVICES, NOR DOES CRUSH ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH CRUSH. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. CRUSH IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

  1. Community Guidelines.

We want everyone to feel welcome and comfortable when using our Services. To this end, all User Submissions and messages you may exchange with another User must adhere to the following guidelines:

  • Engaging in racism, sexism, religious discrimination or hate speech of any kind is strictly prohibited and will result in a User being immediately removed from the App. We adhere to a zero-tolerance policy towards hate speech of any kind.

  • Harassment, bullying, personal attacks, name-calling, trolling and any other type of abuse will not be tolerated.

  • Do not make or post any defamatory, indecent, offensive, profane, misleading content or make any threatening comments or content.

  • Selling any goods or services, including the promotion of paid events, sale of tickets, crowdfunding, or fundraising is not permitted. This includes any post outwardly asking people for money.

  • Do not use someone else's words or content in your Account. You may not pose as another individual, use images of another person as if they were you, or create fake/scam accounts. Any such conduct will result in immediately being banned from using the Services. Predatory behavior or catfishing of any kind will not be tolerated.

  • We do not tolerate illegal activity of any kind and will, in certain cases, report cases to relevant legal authorities.

We reserve the right to delete any User Submission at our own discretion for violating these guidelines. A user's repeated failure to adhere to these guidelines may result in the user being banned from the App and the Services.

We encourage our community members to report any content that they believe violates our Community Guidelines by contacting us at support@aliceco.org.

  1. Matching and Messaging. In order to obtain matches with other Users, a User must attend an in-person event (“Event”) at the location of one of our third-party business partners (each a, “Business Partner”). The App contains a tab “Events” tab that lists the Events which are within up to 30 miles of a User’s location. The Events will be ordered based on the date/time of the Event in descending order. To the extent that one or more of our business partners has elected to promote an Event (a “Promoted Event”), such Promoted Events will appear at the top of the “Events” tab before any Events that are not being promoted. That an Event appears on the “Events” tab (whether or not it is promoted) does constitute an endorsement of the Event by us or of the goods or services offered by any Business Partner, and we shall not be liable for any interaction you have with a Business Partner or that Business Partner’s goods or services.

If a User is within the geofence for an Event and has the App open, a window will pop up that allow the User to “enter” the Event on the App. Once the User enters the Event on the App, the user will see a screen reflecting other Users who are at the Event that are potential matches. Except where a User uses a Profile Boost or a Super Swipe (see Section 4.3.2) Matches are presented in a random order without any ranking.

Once presented with potential matches, User may select the Users they would like to match with (if any) and to the extent that there is a match between Users at an Event, the matched Users will then be able to converse with one another using the in-App chat function. Conversations between Users are not monitored by the Company. To the extent that a User wishes to block a User from messaging them, the User may click on the reporting button within the App or contact customer service at support@aliceco.org.

To leave an Event, you may either choose to exit the Event on the App or you will be automatically exited from the Event when the Event ends or when you are outside of a 100-meter radius of the location of the Event.

  1. Safety. Crush does not conduct criminal background or identity verification checks on its Users as such you are solely responsible for using your best judgment when interacting with other Users through the App or in person. Thus, you agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

YOU ACKNOWLEDGE AND UNDERSTAND THAT CRUSH DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT CRUSH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE.

While Crush does verify that its third-party business partners are real entities, Crush does not visit or otherwise inspect the locations at which its third-party business partners hold Events. We expressly disclaim any responsibility for all aspects of an Event, and you further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your attendance at an Event or any content, goods or services provided by our business partners.

  1. Fees.

  1. Users may access and use certain Services for no-cost (“Free Services”), and in consideration for allowing you to use those Services for free, you agree that we and our third-party partners may place advertising on the Services.

  2. Subscriptions.

The Free Services exclude any features that we may make available to Users who agree to pay for a monthly subscription to access certain additional features that may be offered as a part of the Services (“Subscription”). We presently have two Subscription tiers: a basic tier that provides access some additional features/services (“Basic Subscription”); and a higher tier that provides access to even moreadditional features/services (“Premium Subscription,”).

  1. Other Purchases.

In addition, notwithstanding the Subscriptions, we may make certain feature available for purchase to all Users, such that a User could obtain the ability to use such features without or in addition to purchasing a Subscription.

  1. Crush reserves the right to, at any time and from time to time and in our sole discretion change or discontinue the Subscription plans and/or the individual services offered for purchase, as well as the amount of any Fees therewith. This reservation of rights includes the right to charge Fees for any Services that were previously free of charge. To the extent that we change the Fees for a Subscription that automatically renews, we will provide you with notice of such change and such change will only go into effect at the time of Subscription renewal. If you do not agree with the changes, you may cancel your Subscription as described herein and/or in any notice we provide to you.

  2. Making a Purchase.

You may purchase a Subscription or individual features through Apple (with your Apple ID) or your Google Play account.

When making a purchase on the Service through Apple or Google Play, you will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to the account through which you pay. Apple or Google Play may charge you sales tax, depending on where you live, which may change from time to time.

Apple and Google provider may receive and implement updated credit card information from your credit card issuer in order to prevent your payment from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third-party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the updated service. Should you desire to do so, please contact your credit card issuer.

  1. Fees and any other charges you may incur in connection with your use of the services, such as taxes and transaction fees, will be charged to you at the time you purchase a Subscription and at the time of any renewal.

  2. Term & Auto-Renewal. Subscriptions will automatically renew thirty days after your initial purchase of a Subscription and will automatically renew each thirty (30) days thereafter until cancelled by you or terminated by us. You should consult Apple’s or Google Play’s policy, as applicable, in order to determine how far in advance of your auto-renewal date you need to effect cancellation of your Subscription so as not to be charged on the next auto-renewal date.

Individual services purchased by you will remain available in your Account until used by you.

  1. Cancellation.

If you wish to cancel your Subscription, you must log in to Apple or Google Play and follow the instructions to manage or cancel your Subscription. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not us. To cancel a purchase made with your Apple ID, go to Settings within the app , and follow the instructions to cancel. You can also request assistance at Apple Support. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and navigate to Settings. You can also request assistance at Google Play.

PLEASE NOTE THAT DELETING YOUR ACCOUNT OR REMOVING THE APP FROM YOUR DEVICE WILL NOT RESULT IN ANY SUBSCRIPTION BEING CANCELLED. IN ORDER TO CANCEL YOUR SUBSCRIPTION SUCH THAT YOU WILL NO LONGER BE CHARGED FEES, YOU MUST STILL EFFECT CANCELLATION OF YOUR SUBSCRIPTION THROUGH APPLE OR GOOGLE.

Cancellation will take effect at the end of the then-current Subscription term and you may continue to use the canceled service until such time. Your Subscription will not be renewed when your then-current term expires.

If you cancelled your Subscription but have not deleted your Account, once your then-current Subscription term has ended, you will only have access to the Free Services when using the App and you will lose access to any features that are available exclusively to Users with a Subscription.

  1. Refunds.

To the extent permitted by applicable law and except as expressly set forth herein, all payments are final and non-refundable. Your failure to use the Service(s) purchased does not constitute a basis for a refund of any Fees.

As such, if you cancel your Subscription during the term of your Subscription, you will not receive nor be entitled to receive, and Crush will not provide you with, a refund of any portion of the Fees you paid when purchasing the Subscription, notwithstanding that you may opt not to use the Services as of the date of such cancellation.

Additionally, if, at the time you delete your Account or your Account is terminated by us for your violation of these Terms, you have not used any individual features that you purchased (see Section 4.3.3), such individual features shall be forfeited and you shall not be entitled to a refund for the purchase of such features.

For Users with a Subscription who reside in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, you may cancel your Subscription, without penalty or obligation, in the following circumstances:

  • at any time prior to midnight of the third business day following the date you subscribed;

  • in the event that you die before the end of your Subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death; and

  • in the event that you become disabled (such that you are unable to use the Services) before the end of your Subscription period, you shall be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.

If you live in one of the states specifically listed above and wish to obtain a refund for any reason of the reasons enumerated immediately above, you may log in to Apple or Google Play and follow the instructions on how to request a refund. For example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at Apple Support. If you have an issue with requesting a refund through Apple or Google Play, you may contact us at support@aliceco.org.

  1. Term and Termination of Subscription.

  1. Term of Subscription. Subscriptions will continue until cancelled by you through Apple or Google. Deleting your Account will not result in the cancellation of your Subscription. IF YOU DELETE YOUR ACCOUNT YOU MUST ALSO CANCEL YOUR SUBSCRPTION WITH APPLE OR GOOGLE OTHERWISE YOU WILL CONTINUE TO BE CHARGED FOR YOUR SUBSCRIPTION EVERY THRITY (30) DAYS. if your Account is terminated in accord with these Terms.

  2. Termination. Crush reserves the right to terminate your account if you breach any of these Terms. Such termination or suspension may be immediate and without notice. In the event of such termination, you will no longer be able to access the Services or the App and you will not be entitled to a refund of any Fees you have paid.

  1. Trials and Promotions. From time to time, subject to any stated eligibility requirements, Crush may offer trials or promotions that allow you to purchase a Subscription or individual features at a reduced cost or for free for a specified period of time (any such offer, a “Promotion”). To the extent you are eligible for a Promotion, you will either be automatically upgraded to a the appropriate Subscription tier, have individual features added to your Account, or be notified that a Promotion is available to you. At the end or expiration of the Promotion period, a) unless you elect to pay the full price for the Subscription you received as part of the Promotion, your Account revert to having access to those Services that you had prior to the Promotion period and/or b) any unused individual features that you received as part of the Promotion will be forfeited and removed from your Account.

  2. Notices. Any notice delivered to you by Crush relating to your account and/or use of the Services will be delivered by email to the email address associated with your Account.

  1. Business Partner-Specific Terms.

  1. Any business that wishes to become a Business Partner and use the App to list an Event must first register with us, for free, by visiting https://www.crushmedia.club/login .

  2. In registering, the business must provide its name, address, among other information about the business. By registering and until such time as Business Partner deletes its account, a Business Partner grants Crush a fully paid, royalty-free, non-exclusive, non-sublicensable, revocable license to use Business Partner’s name on the App.

  3. Subject to a Business Partner’s compliance with these Terms of this Agreement, Crush grants to the Business Partner a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App.

  4. Once registered, a Business Partner may submit Events to be published on the App. There is no fee for a Business Partner to list an Event.

  5. When submitting an Event, a Business Partner should provide the date on which the Event will occur, the period of time during which the Event will occur, the location of the Event, pictures of the business and/or event location, a URL to the Business Partner’s Instagram account, and any other information relevant to the Event. The more information a Business Partner submits about an Event, the more likely that we approve the Event.

  6. Once submitted, we will review the proposed Event to ensure that it does not contain any content that violates these Terms or is otherwise inappropriate. Our review of a proposed Event will be completed within 48 hours of submission. When our review is complete, we will approve the proposed Event and publish it on the App or reject the proposed Event. If a proposed Event is rejected, we will inform the Business Partner of the rejection and the reason(s) it was rejected.

  7. An approved and published Event will appear on the “Events” tab in the App for Users who are within a ten-mile radius of the location of the Event. On the “Events” tab, Events are ordered by based on the date of the Event and whether the Event is promoted or not promoted, with promoted Events appearing as a group before any Events that are not promoted.

  8. To the extent that a Business Partner wishes to promote an Event that has been approved, the Business Partner may do so through the web application provided to Business Partners by setting the length of time during which it wishes to promote the Event and the amount it is willing to pay to promote the Event. We presently offer two types of promotions: i) Regular Promotion – the Event is pushed to Users who are within a 20-to-30-mile radius of the location of the Event; ii) Hyper-Focused Promotion - the Event is pushed to Users who are within a 15-mile radius of the location of the Event and who have identified interests that match with the offerings of the Business Partner.

  9. Where a User is in a location that is within the radius of multiple promoted Events, Hyper-Focused Promotions (if any) will be shown at the top of the list on the “Events” tab before any Regular Promotions. If there are multiple Hyper-Focused Promotions and/or Regular Promotions, for each, the order in which the promoted Events will be shown on the “Events” tab will be in descending order based on the date on which the promotion was paid.

  10. A Business Partner may cancel or remove an Event prior to it having occurred by managing the event through the web application provided to Business Partners. Any Event that is not removed will automatically disappear from the “Events” tab after the Event has ended, as per the information about the Event provided by the Business Partner.

  1. Customer Support.

Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. We will use commercially reasonable efforts to provide technical support services to you in the event a fault or other issue with the Services occurs. If a fault or other issue occurs in our Services, please report it to us at support@aliceco.org and we will review your complaint and, where we determine it appropriate to do so, correct the fault. In general, we prioritize requests based on our determination of their level of severity and address higher severity requests first.

Our standard support is available Monday through Friday from 8:00 a.m. – 5:00 p.m. Eastern Time, excluding major holidays, which include Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Year’s Day.

  1. Confidential Information.

Neither party shall disclose to any third party any information or materials provided by the other party hereunder and reasonably understood to be confidential (“Confidential Information”) without the other party’s prior written consent, except as otherwise expressly permitted under these Terms. The foregoing restrictions do not apply to, (i) any information that is in the public domain or already in the receiving party’s possession, (ii) was known to the receiving party prior to the date of disclosure, (iii) becomes known to the receiving party thereafter from a third party having an apparent bona fide right to disclose the information, or (iv) Confidential Information that the receiving party is obligated to produce pursuant to a court order or a valid administrative subpoena, providing receiving party provides disclosing party of timely notice of such court order or subpoena (unless receiving party is legally precluded from providing such notice).

This Section 6 will survive termination or expiration of your use of the Services.

  1. Third Party Materials and Content.

You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third-party web sites (“Third-Party Materials”). In consideration for Crush allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services.

You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We expressly disclaim any responsibility for all aspects of the Third-Party Materials, and you further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third-Party Materials.

Use of any third-party trademarks or third-party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

  1. Intellectual Property

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not, (1) give you any ownership of any intellectual property rights in our Services, or (2) grant you the right to display, modify, reproduce, license, offer for sale, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property, including but not limited to the Services and the information and materials contained within or obtained from or through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Except as expressly permitted by the Company, you may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

To inquire about obtaining authorization to use any portion of the Services or any content other than as permitted in these Terms, please contact us at support@aliceco.org. Your submission of a request for authorization does not entitle you to use any portion of the Services or any content prior to our responding to your request. If we do not respond to your request, you should understand your request to have been denied and you should not use the materials or content for which you requested authorization to use.

  1. Warranty Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

CRUSH DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Indemnification

  1. By Users. As a User, you agree to defend, indemnify and hold harmless Crush, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Services or your violation of any law or any rights of a third party.

  2. By Business Partners. As a Business Partner, you agree to defend, indemnify and hold harmless Crush, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms, (ii) any Event that you list or promote on the App, (iii) your use of the App or the Services or (iv) your violation of any law or any rights of a third party.

  1. Site Controlled from the United States

The Services are controlled from offices within the United States. Crush makes no representation that content or materials constituting the Services are appropriate or available for use in other jurisdictions. Access to the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to use the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with any laws applicable to your use of the Services.

  1. Governing Law

The laws of the State of New York will govern the content and materials contained in this site, without giving effect to any principles of conflicts of laws.

  1. Dispute Resolution

  1. Small Claims. You and we agree that any disputes for which the amount at issue is $10,000 USD or less shall be submitted to the Small Claims Part of the Civil Court of the City of New York and each party submits to the personal jurisdiction of such court.

  2. Agreement to Arbitrate. Excluding claims for injunctive, other equitable relief or disputes subject to Section 13.1 herein, YOU AND WE AGREE THAT ANY DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN YOU AND CRUSH THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND CRUSH OR THAT RELATE IN ANY WAY TO THESE TERMS OR THE SERVICES, INCLUDING WITHOUT LIMITATION FEDERAL AND STATE STATUTORY CLAIMS, COMMON LAW CLAIMS, AND THOSE BASED IN CONTRACT, TORT, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR, RATHER THAN IN COURT BY A JUDGE OR JURY.

  3. Waiver of Jury Trial. YOU UNDERSTAND THAT YOU AND CRUSH ARE EACH AGREEING TO WAIVE THE RIGHT TO TRIAL BY A JURY..

  4. Class Action Waiver. EXCEPT AS EXPRESSLY AGREED TO IN THIS AGREEMENT, YOU AND CRUSH AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS EXCEPT AS SET FORTH HEREING. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN THIS AGREEMENT.

  5. Administration. The arbitration will be administered by JAMS and shall be governed by in accordance the JAMS Streamlined Arbitration Rules & Procedures (located at https://www.jamsadr.com/rules-streamlined-arbitration/), as amended by this Agreement. Further, JAMS Consumer Minimum Standards of Procedural Fairness shall apply to any arbitration between a User and Crush. In any arbitration between a Business Partner and Crush, the fees and charges of the arbitrator shall be shared equally by the parties. The arbitration shall take place in New York, New York or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone. The arbitral tribunal shall be composed of one arbitrator, who shall be independent and impartial. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent a party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. To the extent permitted under applicable law, the arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

  6. Permitted Court Proceedings. Subject to and without waiver of Sections 13.1 and 13.2 herein, you and Crush each agree that any permitted judicial proceedings shall exclusively be brought in the state or Federal courts located in New York, New York and each party agrees to submit to the personal jurisdiction of such courts.

  1. Severability

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

  1. Entire Agreement

These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

  1. Force Majeure

We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

  1. Assignment

You cannot assign, transfer or sublicense your rights, obligations and responsibilities under these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

  1. Waiver

No waiver by any party of the other party’s failure to comply with any part of these Terms shall be binding unless the waiver is in writing signed by the party giving the waiver. No waiver of or failure to exercise any option, right or privilege under the terms of this Agreement by either of the parties hereto on any occasion or occasions shall be construed to be a waiver of the same or of any other option, right or privilege on any other occasion.

  1. Release

You release the Company and our successors from all losses, damages, rights, and demands and actions of any kind (collectively, “Claims”). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him would have materially affected his settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

  1. Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to support@aliceco.org.

Crush

Terms and Conditions

Disclaimer: The app is under beta testing and not for commercial use currently.