Effective: December 17, 2012
Crowdshout Mobile LLC (hereinafter “Crowdshout,” “we” or “us”) provides the website www.crowdshout.com (the “Website”) and the mobile application known as Crowdshout (the “App”), and the data, information, tools, updates and similar materials delivered or provided by Crowdshout (the “Services”), subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Website and the Services. If you do not agree to these terms and conditions, you may not use the Website, the App or the Services.
Crowdshout may revise or update the Terms and Conditions by posting an amended Agreement on the Website or through the App. Please check periodically for changes.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, Crowdshout hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website, the App, Services and materials thereon that are intended to be displayed publicly, and to reproduce the Website and App and its contents only on your computing device for personal use. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
2. Copyright Policy
3. Complaint Policy (including Privacy and Trademark)
While we make reasonable efforts to ensure that the Website, App and Services remain available at all times, we do not represent or warrant that access to the Website, App or Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Website, App or Services, or their features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, the App or the Services, or any part thereof, with or without notice.
The Website, App and Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Your use of the Website, App and Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Website, App or Service.
Without limiting the foregoing, you agree that you will not make available through the Website or App any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree not to distribute, upload, make available, provide to, authorize for publication or dissemination on or otherwise publish through the Website, App or Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
1. is unlawful or encourages another to engage in anything unlawful;
2. contains a virus or any other similar programs or software which may damage the operation of Crowdshout’s or another’s computer;
3. violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party; or,
4. is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website, App or Service. Further, you may not interfere with or disrupt the operation of the Website, App or Service, including restricting or inhibiting any other person from using the Website, App or Service by means of hacking or defacing. Transmitting to or making available in connection with the Website, App or Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity is prohibited. You may not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Further, you may not take any action that imposes, or may impose, in Crowdshout’s sole discretion, an unreasonable or disproportionately large load on Crowdshout’s infrastructure.
You are not licensed to access any portion of the Website, App or Service that is not public, and you may not attempt to override any security measures in place on the Website, App or Service.
You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to submit any Content to the Website, App or Service, or otherwise make available any Content through the Website or App, you hereby grant Crowdshout a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels.
By submitting any Content or Submissions to Crowdshout you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) Crowdshout is not under any confidentiality obligation relating to the Content or Submissions; (d) Crowdshout shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from Crowdshout in exchange for the Submissions or Content.
You acknowledge that Crowdshout is under no obligation to maintain the Website, App or Service, or any information, causes, materials, Submissions, Content or other matter you submit, post or make available to or on the Website, App or Service. We reserve the right to withhold, remove and or discard any such material at any time.
The Website, App and Services may make it possible for you to choose to identify yourself as a supporter of a particular cause, and to send information to yourself, to others or to the public. You understand that by sharing information on the Website, App or Services, and requesting information to be sent through the Website, App or Services, you may be revealing information about political affiliation, gender, nationality, or other information that you include. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that Crowdshout shall not be help responsible, and Crowdshout shall be released and held harmless by you from any liability or damages arising out of such conduct.
Crowdshout’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of Crowdshout. The “look” and “feel” of the Website, App and Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks ("Marks") are the property of Crowdshout or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
Crowdshout reserves the right to deny all or some portion of the Website, App and/or Service to any user, in Crowdshout’s sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, Crowdshout has a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to Crowdshout related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
BY USING THE WEBSITE, APP AND SERVICE YOU AGREE AND ACKNOWLEDGE THAT CROWDSHOUT PROVIDES THE WEBSITE, APP AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CROWDSHOUT, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CROWDSHOUT SHALL CREATE ANY WARRANTY.
USE OF THE WEBSITE, APP AND SERVICES IS AT YOUR SOLE RISK. CROWDSHOUT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE, APP OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE, APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE, APP OR SERVICE IS FREE OF INACCURACIES, VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CROWDSHOUT, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") BE LIABLE TO YOU BASED ON OR RELATED TO THE WEBSITE, APP OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, APP OR SERVICE, EVEN IF CROWDSHOUT AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither Crowdshout nor any of its subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website, App or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that Crowdshout causes you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
You agree to defend, indemnify and hold Crowdshout and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Website, App or Services (b) your use of the Website, App or Service, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Website, App or Service.
This Agreement is governed by and shall be construed in accordance with the laws of the State of New Jersey, U.S.A., excluding the application of its conflict of law rules. You agree that any dispute arising out of or relating to the Website, App or Services, or to Crowdshout, may only be brought by you in a state or federal court located in New Jersey. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW JERSEY. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.
The Website, App and Services are not directed to individuals under the age of 13, nor do they contain information which would be potentially harmful to minors. In the event that Crowdshout discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement may only be revised in a writing signed by Crowdshout. In the event that Crowdshout updates this Agreement, your continued use of the App after the update shall constitute an agreement to the updated terms.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Crowdshout as a result of this Agreement or your use of the Website, App or Services.
Assignment. Crowdshout may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Crowdshout’s prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Crowdshout Inc. c/o SorinRand LLP, Two Tower Center Blvd., 24th Floor, East Brunswick, NJ 08816.
Equitable Remedies. You hereby agree that Crowdshout would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Crowdshout with respect to the Website, App and Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any material posted on our Website or App infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
If you believe in good faith that any material posted on the Website of App infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com, containing the following information:• Your name, physical address, e-mail address and phone number;
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.