Lushli - Terms of Use

Lushli is the easiest way to monetize your Instagram accounts.

Terms of Use

Welcome to the Lushli application and site (the "Service"). This Service is provided by Crowdsmiths, Inc. ("we" or "us"). In exchange for access to the Service, users ("you") must agree to enter into this contract, called the Terms of Use, with us. Please read these Terms of Use carefully, because this document is a legal contract, and by using the Service you agree to its terms.

1. User Conduct
You agree and warrant that you will not use the Service in a manner that is illegal or otherwise inconsistent with these Terms of Use, or that we deem objectionable. We may restrict, suspend, or terminate your access to the Service without notice for any reason, including if we believe that you may have violated any law or these Terms of Use. You agree that you will only access the Service through the interfaces we provide. You agree not to "hack" or reverse-engineer the Service, take any action that could have the effect of damaging the Service or its security, or interfere with other users' use of the Service. You also agree not to cause or allow any computerized or mechanical process to access or to collect content from the Service, or to send unsolicited or unlawful e-mail or message, to or through the Service or with reference to us or the Service. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations. We may require you to provide information about yourself as part of the registration process, or for various other reasons in connection with the Service. You agree that any such information you provide to us will be accurate and up to date. We may also ask or require you to use a password or other form of authentication to access or use the Service. You further agree to maintain the security of your password, and to notify us immediately if you suspect that your password or account has been compromised. You are solely responsible for all actions with respect to the Service that occur under your account.

2. Our Intellectual Property
You acknowledge and agree that we and our licensers retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. The content on our app and site, excluding all intellectual property of other sites obtained by way of API and linking, are owned by us. This includes, without limitation, the text, software, scripts, graphics, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). Content not owned by us is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to use this Service only for your own personal and non-commercial use except with our permission. We do not grant you a license to use this Service for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale without our permission. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of this Service, please contact us. All rights in the product names, company names, trade names, logos, product packaging, and designs of all of our (or any third-party) products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Service confers on you any license or right under any patent or our trademarks or any third party.

3. User Content
This Service contains features that allow users to post, share and/or emails their own content. When you submit, post, or add content ("User Submissions"), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called "moral rights" in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed. By using or apps or sites, you agree that none of your User Submissions will:
1. infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
2. contain false statements or misrepresentations that could damage us or any third party;
3. include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by us ˇin our sole discretion;
4. be illegal or otherwise objectionable to us; or 5. include commercial advertisements or solicitations
Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms and Conditions or that we believe to be otherwise objectionable, we may reject or delete them, suspend or terminate your account, or take other action, without notice to you and in our sole discretion. If you notice that any other user's submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact us: info@lushli.com You understand and agree that User Submissions are neither owned by nor provided by us, and that we are in no way responsible for such User Submissions or any related conduct or practices.

4. Informational Purposes Only
The material on the Service is provided for informational purposes only as a convenience for our users. Much of the information on the Service is provided by third parties. We do not review or verify the accuracy of the information and other material provided by third parties that appears on this Service. You should not rely on this Service except as an informational resource. The Service may, as a convenience to users, provide links to third-party content and other web sites. We do not endorse, sponsor, endorse, or accept any responsibility for such material, and we are not responsible for the content or privacy practices of any linked sites.

5. Limitation of Liability
You understand that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Service, for any reason, including costs incurred while using the Service, the inaccessibility of the Service, information posted on the Service, or the costs associated with any claims you bring or try to bring against us. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, ANY LINKED SITES, ANY ADVERTISERS' PRODUCTS, SERVICES, GOODS, OR EVENTS OFFERED ON OR IN CONNECTION WITH THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE US AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUBSIDIARIES, PARENTS, PARTNERS, AND LICENSORS ("THE RELATED PARTIES") FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

6. Indemnity
YOU AGREE TO INDEMNIFY OUR RELATED PARTIES AGAINST, AND HOLD OUR RELATEDˇPARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES) INCURRED AS A RESULT OF YOUR USE OF THE SITE OR CLAIMS MADE IN CONNECTION WITH SUCH USE.

7. Disclaimer of Warranties
THIS SITE IS PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY US, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

8. Termination
This agreement may be terminated by us for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.

9. Entire Agreement
Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of the Service, superseding any prior communications and proposals in any form between you and us. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall remain in effect.

10. Privacy Policy
A separate document, our Privacy Policy, explains our handling of personal information we maintain about you while you use the Service. By using the Service, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the Service. If you have questions about our privacy policy, you can contact us as described below.

11. Changes
From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of the Service constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Use on this site because this agreement is binding on you.

12. Additional Agreements
From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.

13. No Waiver
You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.

14. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your access to and use of the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Questions?
If you have any questions about the above Terms of Use, please contact us: info@lushli.com before using the Service.