We are a social network for the crowd.
The mission of CrowdSpots is to connect the world’s crowd to enable them to connect with others and content that might be of interest to them. To achieve our mission, we make services available through our website, mobile applications, and developer platform, to help you, your friends, and millions of other Internet users meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.
1.2. Scope and Intent
When you use CrowdSpots, you are entering into a legal agreement and you agree to all of these terms.
2. Your Obligations
2.1. License and warranty for your submissions to CrowdSpots
You grant us a license to the information you provide us.
You own the information you provide CrowdSpots under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant CrowdSpots a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialise, in any way now known or in the future discovered, any information you provide, directly or indirectly to CrowdSpots, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to CrowdSpots, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your CrowdSpots profile information accurate and updated.
2.2. Service Eligibility
You are eligible to enter into this contract and you are at least our “Minimum Age.”
The information you provide is truthful.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a CrowdSpots account, (3) are not a competitor of CrowdSpots or are not using the Services for reasons that are in competition with CrowdSpots; (4) will only maintain one CrowdSpots account at any given time; (5) will use your real name and only provide accurate information to CrowdSpots; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of CrowdSpots or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
2.3. Your Membership
You will keep your password a secret.
You will not share an account with anyone else.
You will not copy or transfer any part of the Service.
The profile you create on CrowdSpots will become part of CrowdSpots and except for the information that you license to us is owned by CrowdSpots. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your CrowdSpots account to another party; and (5) not charge anyone for access to any portion of CrowdSpots, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit CrowdSpots Help.
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through CrowdSpots.
2.5. Notify us of acts contrary to the Agreement
If you think you have to breach this Agreement, you will let us know beforehand.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.6. Notifications and Service Messages
You are okay with us providing you with important notices on the website, mobile apps, or email.
The contact information you provide must be accurate or you may not receive important notices.
For purposes of service messages and notices about the Services, CrowdSpots may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from CrowdSpots to an email address associated with your account, even if we have other contact information. You also agree that CrowdSpots may communicate with you through your CrowdSpots account or through other means including email, mobile number, telephone, or delivery services including the postal service about your CrowdSpots account or services associated with CrowdSpots. Please review your Settings to control what kind of messages you receive from CrowdSpots. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
2.7. CrowdSpots Applications
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
CrowdSpots may offer the Services through applications built using CrowdSpots’s platform (“CrowdSpots Applications”). Examples of CrowdSpots Applications include its crowd chat applications called Crowdchat. CrowdSpots Applications are distinct from third party Platform Applications addressed in Section 4.2. If you use a CrowdSpots Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing CrowdSpots plugins that load in your browser may be communicated to us. Further, by importing any of your CrowdSpots data through the CrowdSpots Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your CrowdSpots account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing CrowdSpots through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
2.8. User-to-User Communication and Sharing (CrowdSpots Profile, CrowdSpots, CrowdChat Application, etc.)
When you share information, others can see, copy and use that information.
CrowdSpots offers various forums such as CrowdSpots, CrowdChat, where you can post your observations and comments on designated topics. CrowdSpots also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site for free, however, CrowdSpots, in its sole discretion, may close or transfer or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and CrowdSpots cannot guarantee that other Members will not use the ideas and information that you share on CrowdSpots. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any CrowdSpots, into your updates, or elsewhere on CrowdSpots. CROWDSPOTS IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON CROWDSPOTS.
2.10. Export Control
You won’t break export laws.
Your use of CrowdSpots services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
2.11. Contributions to CrowdSpots
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
By submitting ideas, suggestions, documents, or proposals ("Contributions") to CrowdSpots through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CrowdSpots is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CrowdSpots shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CrowdSpots may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to CrowdSpots rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from CrowdSpots under any circumstances.
3. Your Rights
If you follow this agreement, we grant you a limited right to use CrowdSpots.
You will only access and use CrowdSpots in the way this agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the CrowdSpots rules of the road, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or CrowdSpots authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of CrowdSpots or its Members), to view information and use the Services that we provide on CrowdSpots webpages and in accordance with this Agreement. Any other use of CrowdSpots contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from CrowdSpots commercially unless expressly authorized by CrowdSpots) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in CrowdSpots and all related items, including any and all copies made of the CrowdSpots website.
4. Our Rights & Obligations
4.1. Services Availability
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
For as long as CrowdSpots continues to offer the Services, CrowdSpots shall provide and seek to update, improve and expand the Services. As a result, we allow you to access CrowdSpots as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue CrowdSpots, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on CrowdSpots or by direct communication to you unless otherwise noted. CrowdSpots further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by CrowdSpots to be contrary to this Agreement. For avoidance of doubt, CrowdSpots has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
4.2. Third Party Sites
Third parties may offer their own products and services through CrowdSpots, and we are not responsible for these third-party activities.
CrowdSpots may include links to third party web sites (“Third Party Sites”) on www.crowdspots.com, and elsewhere.
4.3. Disclosure of User Information
4.4. Connections and Interactions with other Members
We have the right to limit the connections and interactions on the Service.
You are solely responsible for your interactions with other Members. CrowdSpots may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CrowdSpots reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if CrowdSpots determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.5. Intellectual Property Notices
We are providing you notice about our intellectual property rights.
The Service includes the copyrights and Intellectual property rights of CrowdSpots and except for the limited license granted to you in Section 3, CrowdSpots reserves all of its intellectual property rights in the Service. CrowdSpots, the CrowdSpots and “in” logos and other CrowdSpots trademarks, service marks, graphics, and logos used in connection with CrowdSpots are trademarks or registered trademarks of CrowdSpots in the U.S. and/or other countries. Other trademarks and logos used in connection with CrowdSpots may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
We disclaim any legal liability for the quality, safety, or reliability of CrowdSpots.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON CROWDSPOTS OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR CROWDSPOTS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CROWDSPOTS DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CROWDSPOTS AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CROWDSPOTS OR ANYTHING RELATED TO CROWDSPOTS, YOU MAY CLOSE YOUR CROWDSPOTS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. CROWDSPOTS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MESSAING, CROWDMAIL, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH CROWDSPOTS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. CROWDSPOTS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CROWDSPOTS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. CROWDSPOTS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CROWDSPOTS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CROWDSPOTS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CROWDSPOTS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. Limitation of Liability
We are trying to limit any legal liability we may have to you.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither CrowdSpots nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“CrowdSpots Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from CrowdSpots. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
• Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
• Not apply to any damage that CrowdSpots may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
• Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
7.1. Mutual rights of termination
We can each end this Agreement anytime we want.
You may terminate this Agreement, for any or no reason, at any time, with notice to CrowdSpots pursuant to Section 9.3. This notice will be effective upon CrowdSpots processing your notice. CrowdSpots may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only CrowdSpots or the party paying for the services may terminate your access to any Premium Services. Termination of your CrowdSpots account includes disabling your access to CrowdSpots and may also bar you from any future use of CrowdSpots.
7.2. Misuse of the Services
CrowdSpots may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the CrowdSpots messaging services; creating multiple or false profiles; using the Services commercially without CrowdSpots’s authorization, infringing any intellectual property rights, violating any of the Rules of the Road listed in this agreement, or any other behavior that CrowdSpots, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, CrowdSpots has adopted a policy of terminating accounts of Members who, in CrowdSpots’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
7.3. Effect of Termination
Upon termination of your CrowdSpots account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
8. Dispute Resolution
8.1. Law and Forum for Legal Disputes
In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access CrowdSpots, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and CrowdSpots agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and CrowdSpots agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that CrowdSpots shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2. Arbitration Option
Each of us will have the right to choose arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms
Here are some important details about how to read the Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
9.3. Notices and Service of Process
In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on www.CrowdSpots.com. You may contact via mail or courier at: CrowdSpots Incorporated ATTN: Legal Department 870 E. Charleston Road, Palo Alto, CA 94303 USA Additionally, CrowdSpots accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
9.4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and CrowdSpots regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CrowdSpots services, third-party content or third party software.
9.5. Amendments to This Agreement
9.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any CrowdSpots Affiliate shall be deemed legally binding on any CrowdSpots Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of CrowdSpots.
9.7. No Injunctive Relief
You waive your rights to try to stop CrowdSpots, but we don’t waive our rights to ask a court to stop your actions.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
9.8. Assignment and Delegation
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, CrowdSpots Incorporated for any third party that assumes our rights and obligations under this Agreement.
9.9. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. CrowdSpots “Rules of the Road”
As a condition to access CrowdSpots, you agree to this User Agreement and to strictly observe the following Rules of the Road:
10.1. Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and update it as necessary;
4. Review and comply with notices sent by CrowdSpots concerning the Services;
5. Use the Services in a professional manner; and
6. Use your real name on your profile.
10.2. Don’t undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to CrowdSpots;
2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
3. Create a Member profile for anyone other than a natural person;
4. Harass, abuse or harm another person, including sending unwelcomed communications to others using CrowdSpots;
5. Invite people you do not know to join your network;
6. Upload a profile image that is not your likeness or a head-shot photo;
7. Use or attempt to use another's account or create a false identity on CrowdSpots;
8. Upload, post, email, CrowdMail, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by CrowdSpots);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using CrowdSpots invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using CrowdSpots to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of CrowdSpots or any user of CrowdSpots;
Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
9. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
10. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on CrowdSpots (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by CrowdSpots;
11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
12. Utilize or copy information, content or any data you view on or obtain from CrowdSpots to provide any service that is competitive, in CrowdSpots’s sole discretion, with CrowdSpots;
13. Imply or state, directly or indirectly, that you are affiliated with or endorsed by CrowdSpots unless you have entered into a written agreement with CrowdSpots (this includes, but is not limited to, representing yourself as an accredited CrowdSpots trainer if you have not been certified by CrowdSpots as such);
14. Adapt, modify or create derivative works based on CrowdSpots or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under CrowdSpots’s developer program;
15. Rent, lease, loan, trade, sell/re-sell access to CrowdSpots or any information therein, or the equivalent, in whole or part;
16. Sell, sponsor, or otherwise monetize a CrowdSpots feature or any other service or functionality of CrowdSpots, without the express written permission of CrowdSpots;
17. Deep-link to the Site for any purpose, (i.e. creating or posting a link to a CrowdSpots web page other than CrowdSpots’s home page) unless expressly authorized in writing by CrowdSpots or for the purpose of promoting your profile or a Group on CrowdSpots as set forth in CrowdSpots Branding Guidelines;
18. Remove any copyright, trademark or other proprietary rights notices contained in or on CrowdSpots, including those of both CrowdSpots and any of its licensors;
19. Remove, cover or otherwise obscure any form of advertisement included on CrowdSpots;
20. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from CrowdSpots except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
21. Share information of non- Members without their express consent;
22. Infringe or use CrowdSpots’s brand, logos or trademarks, including, without limitation, using the word “CrowdSpots” in any business name, email, or URL or including CrowdSpots’s trademarks and logos or as expressly permitted by CrowdSpots;
23. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
24. Use bots or other automated methods to access CrowdSpots, add or download contacts, send or redirect messages, or perform other similar activities through CrowdSpots, unless explicitly permitted by CrowdSpots;
25. Access, via automated or manual means or processes, CrowdSpots for purposes of monitoring CrowdSpots’s availability, performance or functionality for any competitive purpose;
26. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of CrowdSpots’s website;
27. Attempt to or actually access CrowdSpots by any means other than through the interfaces provided by CrowdSpots such as its mobile application or by navigating to CrowdSpots web site using a web browser. This prohibition includes accessing or attempting to access CrowdSpots using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including CrowdSpots;
28. Attempt to or actually override any security component included in or underlying CrowdSpots;
29. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on CrowdSpots’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or CrowdSpots personnel, attempting to gain unauthorized access to CrowdSpots, or transmitting or activating computer viruses through or on CrowdSpots; and/or
30. Interfere or disrupt or game CrowdSpots or the Services, including, but not limited to, any servers or networks connected to CrowdSpots, or CrowdSpots's search algorithms.
11. Complaints Regarding Content Posted on the CrowdSpots Website
If you think someone has stolen or misused your intellectual property on CrowdSpots, please check out our Copyright Policy.
We built CrowdSpots to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, CrowdSpots provides a process for submission of complaints concerning content posted by our Members.