Crowdtap Terms of Service Agreement
Welcome to the Crowdtap web site (the “Site”). This Site is maintained and operated by Crowdtap, Inc. ("Crowdtap", “we” or “us”). By using the Site, you agree to be bound by these Terms of Service.
your access and use of the site is subject to the following terms OF SERVICE (the "terms") and all applicable laws. by accessing or using any part of the Site, you accept, without limitation or qualification, these terms. if you do not agree with all of the terms set forth below, you may not use any portion of the Site.
We reserve the right, in our sole and absolute discretion, at any time, for any reason whatsoever, with or without notice, to terminate, suspend or modify the Site or this Agreement. Such modifications to be effective upon posting by Crowdtap on the Site.
- Authorized Use of Site. The Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Crowdtap requires the prior written consent of Crowdtap.
- Unauthorized Usage of Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the Site , circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Site to any third party without our prior written consent.
- Registration and Passwords. In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
- Security of the Site. You shall not violate or attempt to violate the security of the Site, including without limitation, (a) accessing data not intended for non-members or logging into a server (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, (c) attempting to interfere with the availability of the Site to any representative, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Site, (d) utilizing any the Site for the advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) using a password or access code not issued to the Member. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Members who are involved in such violations.
- Crowdtap and Client Content. The content, advertisements, information and other materials of Crowdtap, any of Crowdtap’s clients (collectively, “Clients”) and this Site, and of all other websites under Crowdtap's control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Crowdtap Content”) and the compilation (meaning the collection, arrangement and assembly) of all Crowdtap Content, are protected under copyright, trademark and other laws. As between you and Crowdtap, all Crowdtap Content is Crowdtap's exclusive property. Unauthorized use of Crowdtap Content may violate copyright, trademark, and other laws. By using the Site, you agree not to copy, distribute, modify or make derivative works of any Crowdtap or Client Content without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under this Agreement are reserved by Crowdtap.
- Comments or Materials Posted By You. Certain pages on the Site may allow you to post videos, audio, photographs, text, or other content (“Content”). Unless otherwise specified, you may only post Content to the Site if you are at least 13 years of age or older. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company. You may not post or distribute Content that is illegal or that violates these Terms. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By submitting or posting Content to the Site, you grant Crowdtap the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Site, Crowdtap does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Crowdtap owns all right, title, and interest in any compilation, collective work, or other derivative work created by Crowdtap using or incorporating Content posted to the Sites. You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site.
- Activities Prohibited by Site. The following is a partial list of the types of activities that are prohibited on the Site. Crowdtap reserves the right to investigate and take appropriate action against anyone who, in Crowdtap’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- is inaccurate, false or misleading in any way;
- is off-topic, repetitive or constitutes spam posts;
- disparages or criticizes any person or entity;
- infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
- contains “masked” profanity (i.e., F*@&#);
- 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
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Crowdtap is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Crowdtap will make all determinations as to what Content is appropriate in its sole discretion. Crowdtap may edit or remove any Content at any time without notice.
- No Ideas Accepted. Crowdtap does not accept any unsolicited ideas from outside the Crowdtap including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Crowdtap assumes no obligation, expressed or implied, by considering it. You further understand that Crowdtap shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Crowdtap. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Crowdtap an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
- Copyrights and Trademarks. All materials included on the Site including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of Crowdtap or its clients, unless otherwise noted or attributed. Crowdtap, Crowdtap Rewards, and the Crowdtap logo are trademarks and service marks of Crowdtap. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Site in whole or in part without the prior written permission of Crowdtap.
- Limitation of Liability. Crowdtap, its Clients, and their respective parent companies, subsidiaries, affiliates, directors, officers, investors, managers, employees, and agents (collectively, “Released Parties”) shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with your use of the Site. WHILE CROWDTAP USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, CROWDTAP MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. CROWDTAP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND CROWDTAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CROWDTAP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CROWDTAP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CROWDTAP SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL CROWDTAP BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
- Indemnification. You agree to indemnify, hold harmless and defend Crowdtap, its Clients, parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and their respective successors and assigns against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms or applicable law.
- Links. This Site may contain links to other web sites not maintained by Crowdtap. Other web sites may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
- International Access. Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
- Digital Millennium Copyright Act ("DMCA") Notice. Content or Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- 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 us to locate the material;
- Information reasonably sufficient to permit us 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; and
- 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.
All DMCA notices should be sent to our designated agent as follows:
Designated Copyright Agent
625 Broadway, 5th Floor
New York, NY 10012
- Governing Law. The laws of the State of New York shall govern these Terms. Claims may not be resolved through any form of class action. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THE SITE.
- Changes. All information posted on the Site is subject to change without notice. In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
- Severability. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
- Waiver; Remedies. The failure of Crowdtap to partially or fully exercise any rights or the waiver of Crowdtap of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Crowdtap or be deemed a waiver by Crowdtap of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Crowdtap under these Terms and any other applicable agreement between you and Crowdtap shall be cumulative, and the exercise of any such right or remedy shall not limit Crowdtap's right to exercise any other right or remedy.
- Comments, Complaints and Questions. We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Crowdtap, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding these terms and conditions, please feel free to contact us.
Effective Date: This Agreement is effective and was last updated March ___ 2015