These Terms of Service apply to all users of the Crew Beacon Service. Information provided by our users through the Crew Beacon Service may contain links to third party websites that are not owned or controlled by Crew Beacon. Crew Beacon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Crew Beacon will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Crew Beacon shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Crew Beacon with information including, but not limited to, your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Crew Beacon may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Crew Beacon to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Crew Beacon Service. You must notify Crew Beacon immediately of any breach of security or unauthorized use of your mobile phone. Although Crew Beacon will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Crew Beacon or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Crew Beacon servers in a given period of time than a human can reasonably produce in the same period by using a Crew Beacon application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Crew Beacon grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Crew Beacon reserves the right to revoke these exceptions either generally or in specific cases. While we do not disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Crew Beacon clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
The design of the Crew Beacon Service along with Crew Beacon created text, scripts, graphics, interactive features and the like, except Content Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Crew Beacon, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Crew Beacon reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Content Submissions of third parties obtained through the Service for any commercial purposes.
A. The Crew Beacon Service allows Crew Beacon users to submit status text, photos, GPS-acquired information, and other communications submitted by you, as well as the automatic submission of your status (collectively, the "Content Submissions"). These Content Submissions may be hosted, shared, and/or published as part of the Crew Beacon Service, and may be visible to other users of the Service who are authorized by the Service to view this information. For clarity, direct messages, location data and photos or files that you send directly to other Crew Beacon users will only be viewable by those Crew Beacon user(s) or group(s) you directly send such information; but do not submit or post information or photos that you do not want to be seen by other authorized users of the Service. You, individually, retain no ownership rights in your Content Submissions as all intellectual property will reside either with Crew Beacon and/or Crew Beacon’s client entity that authorized your use of the Service (“Utility”). All information transmitted to, from, or via the Service must be performed in accordance with acceptable procedures of both Crew Beacon and the Utility. You understand that whether or not such Content Submissions are published, Crew Beacon does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Content Submissions and the consequences of posting or publishing them. Because Crew Beacon is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Crew Beacon, and Crew Beacon makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Content Submissions, you affirm, represent, and/or warrant that: (i) you or the Utility own or have the necessary licenses, rights, consents, and permissions to use and authorize Crew Beacon to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content Submissions to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms of Service. By submitting the Content Submissions to Crew Beacon, you hereby grant Crew Beacon a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content Submissions in connection with the Crew Beacon Service and Crew Beacon's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Crew Beacon Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Crew Beacon Service a non-exclusive license to access your Content Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Content Submission from the Crew Beacon Service.
C. In connection with Content Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Crew Beacon all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Crew Beacon or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content is strictly prohibited. Crew Beacon does not endorse any Content Submission or any opinion, recommendation, or advice expressed therein, and Crew Beacon expressly disclaims any and all liability in connection with Content Submissions. Crew Beacon does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Crew Beacon will remove all content and Content Submissions if properly notified that such content or Content Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Crew Beacon user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to the address - support at crewbeacon dot com. Crew Beacon reserves the right to remove content and Content Submissions without prior notice. Crew Beacon may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Content Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Crew Beacon employees, agents, subagents, superagents or superheros. Crew Beacon also reserves the right to decide whether content or a Content Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Crew Beacon may remove such Content Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Crew Beacon Service you will be exposed to Content Submissions from a variety of sources, and that Crew Beacon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content Submissions, and that such Content Submissions are not the responsibility of Crew Beacon. You further understand and acknowledge that you may be exposed to Content Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Crew Beacon with respect thereto, and agree to indemnify and hold Crew Beacon, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Crew Beacon Service.
F. Crew Beacon permits you to link to materials on the Service for personal purposes only. Crew Beacon reserves the right to discontinue any aspect of the Crew Beacon Service at any time.
YOU AGREE THAT YOUR USE OF THE CREW BEACON SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CREW BEACON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. CREW BEACON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CREW BEACON SERVICE. CREW BEACON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CREW BEACON SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER CONTENT SUBMISSION OR OTHER ADVERTISING, AND CREW BEACON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU SPECIFICALLY ACKNOWLEDGE THAT CREW BEACON SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Crew Beacon from its facilities in the United States of America. Crew Beacon makes no representations that the Crew Beacon Service is appropriate or available for use in other locations. Those who access or use the Crew Beacon Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Crew Beacon, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Crew Beacon Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Content Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Crew Beacon Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Crew Beacon Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Crew Beacon Service. You further represent that you have a clear, official, and authorized reason to use the Service as expressed to you either by Crew Beacon or the Utility. If you are not invited to use the Service by either Crew Beacon or the Utility, you are not permitted to use the Crew Beacon Service. You further represent and warrant that you 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, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Crew Beacon is the developer of the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crew Beacon without restriction.
YOU AND CREW BEACON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CREW BEACON SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Crew Beacon may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your name, mobile phone number, email address, types of work that you perform (if applicable), and mobile device information (if applicable) to Crew Beacon when choosing to participate in various uses of the Crew Beacon Service, such as registering as a user, updating the system, or requesting status for your contacts. In order to provide the Crew Beacon Service, Crew Beacon will periodically access and store your GPS location (if applicable, and only under certain conditions).
Cookies Information: When you visit the Crew Beacon Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Crew Beacon uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Crew Beacon Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Crew Beacon Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Crew Beacon Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
Other users of the Crew Beacon Service may see your Content Submissions in a way that is consistent with the use of the Crew Beacon Service.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Crew Beacon Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Crew Beacon Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Crew Beacon also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Crew Beacon believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Crew Beacon Site or our servers, and to protect the rights, property, or personal safety of Crew Beacon, our users or others.
Crew Beacon is ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section. The Utility may request or require us to deliver ad-related materials via our Service, in which case ads would be delivered selectively only to those users participating with those specific Utilities.
Crew Beacon uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Crew Beacon and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Crew Beacon Service is never recommended. Once we receive your transmission of information, Crew Beacon makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Crew Beacon learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Crew Beacon may post a notice on the Crew Beacon Site or through the Crew Beacon Service if a security breach occurs.
The Crew Beacon Service is an enterprise offering for corporate clients, and therefore Crew Beacon has no expectation of children using the Service.
In the event that Crew Beacon is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
This Privacy Notice was last modified November 24th, 2015