gavelTerms of Service

Last Modified: Nov 20, 2023

1. Introduction

These Terms of Service are entered into by and between you and Eterna, LLC (“Company,” “we,” “our,” or “us”). “You” may refer to users, as defined below. These Terms of Service govern your access and use of https://www.craveswitch.com/ (our “Website”) and the web-based services we provide (“Services”), whether as a guest of the website or a registered user. By accessing the Website or using our Services, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use our Website and Services.

2. Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to all access to and use of our Website and Services thereafter. Your continued use of our Website and Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes. Any changes to the Dispute Resolution and Governing Law sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within our Website.

3. User Account and Security

To use our Services, you must create a CraveSwitch account. We have the right to disable any user’s account at any time at our sole discretion for any reason, including if you violate any provision or guidelines found in these Terms of Service. We may, but have no obligation to, remove, block, delete, edit, or monitor any content or accounts on our Services. Information shared with craveswitch.com and on our Services is subject to our Privacy Policy. You can see most of the content available without creating an account but you need one in order to be able to interact with the content or create your own.

You may create an account by using your full name and email address. Once your account is created you must verify your email address in order to start using our services. Only then you will be able to sign in and even delete your account if that is your desire. Otherwise, your account remains in a pending state indefinitely. We may choose to delete accounts that have been sitting unconfirmed for over 30 days. To verify your account, you will receive an email to the email address you provided where you will receive a confirmation link. This confirmation link will simply confirm your account and take you to our Login page, where the only information you will need to add further is your email address and the password you used to create your account. Once you sign in for the first time, you will be prompted to confirm your age. Until your age is confirmed you will have limited access to our platform. We don't ask for anything else at this point.

Treat your password and any other piece of information used as part of our security procedures as confidential. Do not disclose any confidential information to any other person or entity. You acknowledge that your User Account is personal to you and agree not to provide any other person with access to it. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

4. Guidelines

Our platform provides you with useful tools, but whatever you do with this information is your own discretion. We don't help you in any way to connect with potential partners, businesses, or receive rewards and prizes. We only provide you with tools to make your life easier when hosting and participating in contests, creating polls, voting in contests and polls, creating posts, comments, and sharing with other users.

Everything you share on CraveSwitch is public and other users can see it. The whole point of sharing content in CraveSwitch is for creating engagement and relationships with other users. Also, this content lives in our database for as long as you keep them. You may use this information in any way that helps you in any way. Either way, we are not responsible or liable for your conduct or the information you share in CraveSwitch. We reserve the right to monitor the information you share so that we can make sure the information shared is legit, but we have no obligation to do so. Users are responsible for all the content they upload to our platform and they pledge to share truthful information that respects other users’ rights, including copyrights. It is your sole responsibility to verify that the external links you click are legit and truthful before submitting any personal information or making a purchase after you leave our site. We are not responsible for the legitimacy of any content inside or outside our platform. We will try to make sure any content submitted is truthful and with good faith and we will remain open to listen and pay attention to reports otherwise.

As a user, you agree not to use our Services:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit other users or people in general.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material without prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm our Services or users of our Services, or expose them to liability.
  • To share fake content for any reason, or content you have no rights to share.
  • To share any other content that is not strictly related to the purpose of the services we provide.

Additionally, users agree not to upload any content to our Services that:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Is likely to deceive any person.
  • Give the impression that content emanates from CraveSwitch or is endorsed by us or any other person or entity, if this is not the case.

5. Licenses

Users with a registered User Account are granted a personal, limited, non-sublicensable license to access and use our Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Services in breach of the Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Services, or any content on our Services is transferred to you, and all rights not expressly granted are reserved by CraveSwitch. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

We do not claim ownership of any content that our users post on or through the Services. By making content available on or through the Services, you grant CraveSwitch a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your content only in connection with the operation of our Services.

6. Reliance on Information Posted

The information presented on our Website and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to our Website or Services, or by anyone who may be informed of any of its contents.

7. Intellectual Property

Content created by CraveSwitch is protected by copyright, trademark, patent, trade secret and other laws, and as between you and CraveSwitch, we own and retain all rights to content provided by CraveSwitch and the Services we provide. Users will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying content provided by CraveSwitch. The CraveSwitch name and logo are our trademark, and may not be copied, imitated or used, in whole or in part, without or prior written permission. Any graphics, icons or scripts included in our Services or Website may not be copied, imitated, or used, in whole or in part, without our prior written permission.

We respect other people’s rights, and if you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate, at our sole discretion.

8. Third Party Links

We are not responsible for any links provided by third parties in our Services. These links are not under our control and are only provided for your convenience. You acknowledge sole responsibility and assume all risk arising from your use of any third party services.

9. Indemnification

You agree to release, discharge, defend, indemnify and hold harmless CraveSwitch and its parents, subsidiaries, officers, directors, employees and agents, assigns, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related or arising out of the use of the Services, your breach of these Terms of Services, or your failure to comply with applicable law.

10. Warranty Disclaimer

You use the Website and Services at your own risk. Our Website and Services are provided on an “as is” “as available” and “with all faults” basis. To the fullest extent permissible by law, neither CraveSwitch or any of its employees, partners, managers, officers or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (i) the Services; (ii) the Website; (iii) any content found on either the Services or the Website; (iv) or security associated with the transmission of information to CraveSwitch or via the Services. CraveSwitch, our employees, partners, managers, officers and agents disclaim all warranties, express or implied, including but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

CraveSwitch hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. Some jurisdictions do not allow the exclusion of implied warranties or limitations as specified here and to the least extent as allowed by law, such exclusions and limitations may not apply to you.

11. Limitation of Liability

To the fullest extent provided by law, in no event will CraveSwitch, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, our Services, any content linked on our Website or Services, any content on the Website or Services or such other websites or any services or items obtained through the Website or Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

12. Waiver and Severability

No waiver of by CraveSwitch of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CraveSwitch to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

13. Dispute Resolution

At CraveSwitch’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of our Website or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law.

14. Governing Law

All matters relating to our Website, Services, and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or our Website or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the City of Chattanooga and County of Hamilton, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Children Under the Age of Eighteen

Our Services are not intended for children under eighteen years of age. No one under age eighteen may provide any information to us. We do not knowingly collect personal information from children under eighteen. If you are under eighteen, do not use or provide any information to us. If we learn we have collected or received personal information from a child under eighteen without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under eighteen, please contact us at [email protected].

16. Entire Agreement

These Terms of Service entered into between you and CraveSwitch applicable to the Services, constitute the sole and entire agreement between you and the Company with respect to the Services.

17. Your Comments and Concerns

If you have feedback, please communicate with us at [email protected]. If you need any kind of support, communicate with us as [email protected]. Any other inquiries please contact us at [email protected].