PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY CREATE A BINDING LEGAL CONTRACT BETWEEN YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY, “YOU”) AND CROWDFIND, INC. (“CROWDFIND”, “WE” OR “US”) GOVERNING YOUR USE OF OUR WEBSITE, MOBILE APPLICATIONS, AND ANY RELATED FEATURES, CONTENT, PRODUCTS AND SERVICES (COLLECTIVELY, “SERVICES”). AMONG OTHER THINGS, THESE TERMS DESCRIBE YOUR RESPONSIBILITIES AND LIMIT OUR LIABILITY. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS NOW OR IN THE FUTURE, DO NOT USE THE SERVICES IN ANY MANNER.
By accessing the Services in any way, including by clicking the “Accept” (or similar) button and downloading or installing our mobile application and by creating an account, You agree to and are bound by these Terms. If You are using the Services on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf.
You may also be subject to additional terms and conditions that may apply when You use other Crowdfind services, third-party content or third-party software
USE OF THE SERVICES
- Eligibility. To be eligible to use the Services, You must, and You represent and warrant that you do, meet the following criteria: (1) are 13 years of age or older; (2) are not currently restricted from or otherwise prohibited from using the Services, (3) are not a competitor of or using the Services for reasons that are in competition with Crowdfind; (4) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of Crowdfind, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide at your cost all equipment (including mobile devices), software, and internet access necessary to use the Services.
- Access or use by anyone younger than 13 years of age is not authorized.
- Applicable Laws and this Agreement. You agree to comply with all applicable laws, ordinances and regulations and these Terms.
- Use of the Services. You agree to use the Services only to post, send and receive content and materials that are proper. You further agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
- User Conduct. Crowdfind does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct. You further understand that You may be exposed to content from others that is offensive, indecent or objectionable.
- Limited License. Crowdfind grants you a limited, revocable, non-exclusive, nonassignable, nonsublicensable license and right to access and use the Services through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Crowdfind), view information and use the Services that we provide in accordance with these Terms. Any other use of the Services is strictly prohibited. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.
- Prohibited Uses. You agree that You will not use the Services to:
- pretend to be Crowdfind or someone else, spoof Crowdfind’s or someone else’s identity, or misrepresent your affiliation with a person or entity;
- transmit spam, bulk or unsolicited communications;
- forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services;
- collect or store personal data about other users unless specifically authorized by such users;
- harvest or collect email addresses or other contact information of other users from the Services or crowdfind’s website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; or
- register for more than one User account, register for a User account on behalf of another individual if not authorized to do so or on behalf of any group or entity.
- You further agree that You will not upload, post, email, transmit or otherwise make available any content that:
- is inaccurate, unlawful, threatening, abusive, harassing, obscene, invasive of another’s privacy, hateful, or objectionable to crowdfind or other users of the Services;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- violates or infringes anyone’s intellectual property or other rights
- Promotions. You agree to receive newsletters, promotional materials, and other communications and materials relating to crowdfind or the Services.
- Creating an Account. To open an account, You must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and You will maintain and promptly update such information to keep it true, current, complete and accurate. You grant Crowdfind the right to independently verify any information that You provide through the Services about Yourself, although Crowdfind does not routinely undertake any verification.
- Activities Under Your Account. You are responsible for maintaining the confidentiality of any password(s) You use to access the Services, and You are fully responsible for all activities that occur under Your password(s) and Your account. You agree to notify Crowdfind immediately of any unauthorized use of Your account or any other breach of security. Crowdfind will not be liable for any loss that You may incur as a result of someone else using Your password or account. Notwithstanding such notice, You could be held liable for losses incurred by Crowdfind or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
- Your Content. You are solely responsible for all content that You upload, post or otherwise transmit via the Services.
- Ownership and License of Your Content. crowdfind makes no claim to ownership of any content You provide to crowdfind. crowdfind shall be free to use or disseminate any content You make available to crowdfind on an unrestricted basis for any purpose, and You hereby grant crowdfind and all other users of the Services an irrevocable, perpetual, worldwide, transferable, royalty-free, fully paid up, nonexclusive license, with the right to grant and authorize sublicenses, to use, reproduce, modify, distribute and otherwise exploit such content (including in digital form). You represent and warrant that You have proper authorization for the worldwide transfer and processing among crowdfind and third-party providers of any content that You may provide to crowdfind.
- Public Information. Please remember that any information and content disclosed publicly through the Services becomes public information, and You should exercise caution when deciding to disclose Your personal information and other content. You may use an alias when posting personal information through the Services.
- Submissions. Unless crowdfind has entered into a separate written agreement with You that explicitly states to the contrary, You agree that crowdfind can use and freely exploit any information, feedback, questions, comments or the like that You provide to crowdfind in connection with the Services (“Submissions”) on a non-confidential and non-proprietary basis and the Submissions will become and remain the property of crowdfind. No compensation will be paid with respect to the use of any content that You provide to crowdfind. crowdfind is under no obligation to post or use any of Your content and may remove any content or information at any time in its sole discretion.
- Indemnification. You agree to indemnify, defend and hold harmless crowdfind and its affiliates, and their respective officers, employees, users, licensors and partners, from and against any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your content or Your use of the Services (including any use by Your employees or agents).
NOTICES; MODIFICATION OF TERMS AND/OR SERVICES
- Notices. You agree that crowdfind may provide notice to You via email, regular mail, or posting notices or links to notices on crowdfind’s website.
- Modification of Terms and Services. crowdfind may update or change the terms, conditions, and notices for the Services from time to time. You understand that crowdfind reserves the right to make these changes and that You are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Services after any such change shall constitute Your consent to such change. Unless explicitly stated otherwise, any modifications to the Services will be subject to the Terms, as modified from time to time. crowdfind may also make changes to the Services (including content, product offerings and pricing) at any time and without notice. No modification of these Terms will be binding on crowdfind unless posted by crowdfind, or unless in writing and signed by a person authorized to act on behalf of crowdfind.
- Termination or Suspension of Services. crowdfind reserves the right, in its sole discretion, to modify, terminate or suspend Your access to the Services or any portion thereof at any time and for any reason, with or without notice. crowdfind will not be liable to You or any third party for any modification, suspension, or termination of the Services, or loss of related information.
THIRD PARTY LINKS AND TRANSACTIONS
- crowdfind or its users may provide a link to other sites, including for advertising and promotional purposes, by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (each a “Linked Website”). crowdfind has no control over the content on a Linked Website, and is not responsible for the operation of any Linked Website. crowdfind is offering these links to You as a convenience only, and the fact that crowdfind has provided or allowed a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.
- crowdfind urges You to make sure You understand the risks associated with using, retrieving, or relying upon any information found on the internet before using, retrieving, or relying upon any such information from a Linked Website. Your correspondence or business dealings with, or participation in promotions of, advertisers or users other than crowdfind found on or through our Services are solely between You and such advertiser or other user. crowdfind will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.
CROWDFIND INTELLECTUAL PROPERTY
- All materials available through the Services and not provided by users of the Service are the property of crowdfind, affiliated companies and/or third-party licensors, and are protected by copyrights, trademarks and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to crowdfind, or affiliated companies and/or third-party licensors.
- Except as expressly authorized in writing by crowdfind, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software crowdfind discloses to You. You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Services, and You shall reproduce and copy all such notices and legends on all copies of any part of the Services that You are permitted to make hereunder, if any. Any rights not expressly granted herein are reserved.
- Any software that may be downloaded through the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.
DISCLAIMER OF WARRANTIES
- YOUR ACCESS TO, USE OF AND RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CROWDFIND DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- CROWDFIND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (1) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SERVICES BY ANY PARTY, (2) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED WEBSITES.
- Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimer may not apply.
LIMITATION OF LIABILITY
- CROWDFIND SHALL NOT BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO CROWDFIND OR CONTENT OR SERVICES ACCESSED THROUGH CROWDFIND.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT CROWDFIND AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS, SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CROWDFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES.
- CROWDFIND’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO $100.
- To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitations or exclusions may not apply.
PRIVACY AND PERSONAL INFORMATION
NOTICE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- crowdfind will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for the Services:
- crowdfind, Inc.
- 4949 Forest Avenue, Floor 1
- Downers Grove, IL 60515
- For clarity, only DMCA notices should go to the Designated Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to crowdfind customer service through firstname.lastname@example.org.
- To be effective, the notification must include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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 at that site.
- 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
- 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.
- 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.
- 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.
- Please also note that the information provided pursuant to this notice may be forwarded to the person who provided the allegedly infringing content.
- Illinois law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Services. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and crowdfind agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois, U.S.A.
- crowdfind makes no representation that the content available through the Services is appropriate for access outside of the United States. Those who choose to access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws.
- Although the Services are accessible worldwide, they are not accessible to all persons or in all geographic locations. crowdfind reserves the right to limit, in its sole discretion, the provision and quantity of any Service to any person or geographic area it so desires. Any offer for any Service provided by crowdfind is void where prohibited.
- You must not assign or otherwise transfer the Terms or any right granted hereunder.
- You agree that any material breach of Sections 1, 2, 3, 6, 9 and 12 of the Terms will result in irreparable harm to crowdfind for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, crowdfind will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if crowdfind seeks such an injunction.
- Services derived or obtained from Crowdfind may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (i) obtain any export, reexport, or import authorizations required by U.S. or Your local laws; (ii) not use Services derived or obtained from Crowdfind to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (iii) not provide Services, content, or products derived or obtained from this Website to prohibited countries and entities identified in the U.S. export regulations.
- Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
- Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
- Crowdfind reserves the right at all times to disclose any information as Crowdfind deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Crowdfind’s sole discretion.
- A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date: February 11, 2013