Crosswa.lk  Terms of Use

Date Last Revised: September 16, 2011

This Agreement sets out the terms and conditions that apply to your use and access of the Internet services located at www.crosswa.lk as owned and operated by Crosswalk Inc., a Delaware corporation, (collectively referred to as “Crosswalk”). By using crosswa.lk you agree to be bound by the terms and conditions of this Agreement and crosswalk’s Privacy and Security Policy, as they may be amended from time to time (see “Modifications” below).

Accepting the Terms

By using the information,  features and functionality located on Crosswa.lk  (referred to as the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you browse the Crosswa.lk website) or you are a “Member” (which means that you have created an account at Crosswa.lk ). The term “you” or “User” refers to a Visitor or a Member.  The term “we” refers to Crosswalk.

Before you register to become a Member, communicate with Visitors or Members or make use of the Service, you must read this Agreement and indicate your acceptance before using the Service.

 The Term “Apple Stores” refers to the Apple iTunes and the Apple App Store.  The term “Associated Devices” refers to any device such as an iPhone, iPad, iTouch, iPod or other device associated with a Member’s Apple Stores account.  The term “App” refers to a software program, music, movies or other content that is downloaded from Apple Stores.  

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Crosswalk.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity and that you have the authority to bind such entity. You should print or save a local copy of this Agreement for your records now.

Description of the Service

The Service has a number of uses.  The Service will help Users and Members discover Apps. The Service will share the Apps that are on the Member’s Associated Devices.   The Service is a way for Members to enable other Members and Visitors to see what Apps reside on his or her Associated Devices.  For example, other Members will be able to see what Apps are on your iPhone, iPad or other devices.  Members will be able to leave comments regarding an App and to rate Apps.

The Service is provided to you by Crosswalk without charge (it is free) and is meant as an aid to assist you in finding and downloading Apps.  Crosswalk does not receive money from Apple for facilitating the finding or downloading of Apps.  Crosswalk may be paid by App developers for recommending their Apps to you.   You will be responsible for any charges for Apps that you download from the Apple Stores.  Crosswalk is not responsible for anything related to an App.  Crosswalk is not responsible for the suitability, functionality or cost of the App.  

Privacy and your Personal Information

For information about Crosswalk’s data protection practices, please read Crosswalk’s Privacy and Security Policy, which is incorporated into this Agreement.  Privacy Policy explains how Crosswalk treats your personal information when you access Crosswa.lk and use the Service. The policy may be updated from time to time. Changes will be effective upon posting to Crosswalk.

Account Information from Apple Stores

Members agree that the Service may retrieve their information maintained online at the Apple Stores with which they have customer relationships, maintain accounts or engage in transactions (“Account Information”). Crosswalk is not responsible for the products and services offered by the Apple Stores.

Crosswalk cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Crosswalk cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, the App  information may not accurately reflect what is on a Member’s Associated Device. Such information may be more up-to-date or accurate when obtained directly from the Apple Stores.

Downloading Apps

You may use the Service to find Apps that you can then download from the Apple Stores.  You will be billed on your Apple Stores account for the download. You will be responsible for any charges associated with the purchase or downloading of the App.  Any charges will be billed directly to your Apple Store account.  The Service collects no money from Apple in connection with the downloads.  Apple may send you emails or other notices acknowledging your downloads from the Apple Stores through the Service.  

Crosswalk Offers and Third-Party Links

Some parts of the Service are supported by sponsored advertisements, links or sponsored Apps from advertisers or companies that sell Apps.  The advertisements, sponsored Apps or sponsored links may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Crosswalk App is sponsored by a third party.

In connection with Crosswalk Offers, the Service will provide links to other web sites belonging to Crosswalk advertisers and other third parties. Crosswalk does not endorse, warrant or guarantee the products or services available through the Crosswalk Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Crosswalk is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Crosswalk does not guarantee that Apps, links or advertisements offered on the Service are actually the best terms or lowest prices available elsewhere.  

Your Use of the Service

Your right to access and use Crosswa.lk and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Crosswa.lk for lawful purposes.

Accurate records enable Crosswalk to provide the Service to you. You must provide true, accurate, current and complete information about your account maintained at the Apple’s iTunes Store, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you and others will be affected.

From time to time, Crosswalk may include new and/or updated pre-release features (“Early Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Early Preview features is voluntary and Crosswalk is not obligated to provide you with any Early Preview features. If  you use the Early Preview features you agree to abide by any rules or restrictions Crosswalk may place on them. You agree that Crosswalk may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Crosswalk a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Crosswalk in any way. Crosswalk will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Your access and use of Crosswa.lk may be interrupted from time to time for any of a number of reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Crosswa.lk or other actions that Crosswalk, in its sole discretion, may elect to take.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide create your “Registration Information.”  We will store your “Registration Information” on our Servers.

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change your email address, as appropriate. Notices will be sent in the text of an e-mail or through a link to the appropriate page on our site.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Crosswalk immediately at the email address - security@crosswa.lk

Online and Mobile Alerts

Crosswalk may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts may be sent to you following certain changes made online to your Crosswalk account, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Service. They may then be activated, customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Crosswalk may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to the email address you have provided as your primary email address for Crosswa.lk . If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Crosswa.lk Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Facebook Stuff Goes Here

Rights You Grant to Us

By submitting information, data, passwords, usernames, materials and other content to Crosswalk through the Service, you are licensing that content to Crosswalk solely for the purpose of providing the Service. Crosswalk may use and store the content and make the content available to other Users and Members. By submitting this content to Crosswalk, you represent that you are entitled to submit it to Crosswalk for use for this purpose, without any obligation by Crosswalk to pay any fees or other limitations.

By using the Service, you expressly authorize Crosswalk to access your Apple Stores Account Information maintained by Apple or others, on your behalf as your agent.  You agree that Crosswalk may collect, store and publish information collected from Apple Stores regarding the Apps that you have downloaded.  

Crosswalk will use the user names and passwords that you provide so that the Service can log into Apple Stores on your behalf and gather information. You hereby authorize and permit Crosswalk to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with Apple Stores. You authorize and permit Crosswalk to use, publish and aggregate information collected from Apple Stores from your account.  You agree that the Service will make an inventory of Apps on your phone.  This inventory of Apps will be made available for other Visitors and Members of Crosswalk to see.    Members and Visitors will know what Apps are on your phone.  If you do not want other people to know what Apps are on your phone, you should not use the Service.  The information about the Apps on members phone will be aggregated and collated in a variety of ways so that Users can see what what Apps are popular.

You agree that the Service will from time to time, log into your Apple Stores accounts to update your inventory of Apps on the Service and other information.  You understand and agree that the Service will log onto your Apple Stores Account even without you logging into Crosswalk or returning to Crosswa.lk.   The information collected will automatically be published on Crosswalk so that other Members and Users can see it.

For purposes of this Agreement , you grant Crosswalk a limited power of attorney, and appoint Crosswalk as your attorney-in-fact and agent, to access the Apple Stores, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN CROSSWALK IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM APPLE STORES, CROSSWALK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY INCLUDING APPLE STORES. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

Crosswalk’s Intellectual Property Rights

The contents of Crosswa.lk , photographs, editorial content, notices, software (including html-based computer programs) including its “look and feel” (e.g., text, graphics, images, logos and button icons), and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Crosswa.lk belong or are licensed to Crosswalk or its software or content suppliers. Crosswalk grants you the right to view and use Crosswa.lk subject to these terms. You may download or print a copy of information provided on Crosswa.lk for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Crosswa.lk in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Access and Interference

You agree that you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Crosswa.lk or any portion of Crosswa.lk , without Crosswalk’s express written consent, which may be withheld in Crosswalk’s sole discretion;
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Crosswa.lk , other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer, Apple Safari, Google Chrome or Mozilla Firefox);
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Crosswa.lk or the Service; or
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Crosswa.lk or the Service.

Rules for Posting

As part of the Service, Crosswalk allows Members to post content on publicly available locations on Crosswa.lk . You agree in posting content to follow certain rules.

  1. You are responsible for all content you submit to Crosswa.lk .
  2. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Crosswa.lk and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User and Member a non-exclusive license to access your posted content through Crosswa.lk , and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Crosswa.lk and under this Agreement.
  3. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
  4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  5. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Crosswa.lk , deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  6. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  7. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Crosswa.lk that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  8. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
  9. You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH CROSSWA.LK OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CROSSWALK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF CROSSWA.LK OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

CROSSWALK MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON CROSSWA.LK OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CROSSWALK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Crosswalk does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Crosswalk shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Limitations on Crosswalk’s Liability

CROSSWALK SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO CROSSWA.LK , YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF CROSSWALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CROSSWALK’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Crosswalk

You shall defend, indemnify and hold harmless Crosswalk and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

Ending your relationship with Crosswalk

This Agreement will continue to apply until terminated by either you or Crosswalk as set out below. If you want to terminate your legal agreement with Crosswalk, you may do so by closing your account for the Service.

Please use the directions below to cancel your account:

  1. Login to your account at Crosswa.lk.
  2. Go to “Your Profile”.
  3. Locate the “delete Crosswa.lk account” option under “More Options”.
  4. Type in “delete” where prompted.
  5. Enter in the password for your Crosswa.lk account.
  6. Press “Yes”

Your account will be closed and your ability to log in deactivated immediately. Your Crosswa.lk account data will be removed within 48 hours subject to and as explained in our Privacy Policy.

Crosswalk may at any time, terminate its legal agreement with you:

  1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  2. if Crosswalk in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

Modifications

Crosswalk may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Crosswa.lk site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

Governing Law and Forum for Disputes

This Agreement, and your relationship with Crosswalk under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Crosswalk, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of San Francisco, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Crosswalk may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Crosswalk is able to offer the Service at the terms designated, without charge to you, and that your agreement to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Crosswalk, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  1. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Crosswalk does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Crosswalk has the benefit of under any applicable law), this will not be taken to be a formal waiver of Crosswalk’s rights and that those rights or remedies will still be available to Crosswalk.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Crosswalk regarding the subject matter of the same, and supersedes all other previous agreements.