Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS IS A LEGAL AGREEMENT BETWEEN CROWD.FM (“OUR”, “US”, “WE”, THE “COMPANY” OR “CROWD.FM”), AND YOU (“USER”, “YOU”, “YOUR” OR “YOURSELF”) WHICH GOVERNS YOUR USE OF THE CROWD.FM SERVICE (THE “SOFTWARE” OR “SERVICE”). BY ACCESSING AND USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU ARE NOT ALLOWED TO USE THE SERVICE.
Crowd.fm may update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the Terms of Service will result in the termination of your Account.
While crowd.fm prohibits such conduct and Content on the Service, you understand and agree that crowd.fm cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Use of Service
- You must be 13 years or older to use the Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your Account login. Crowd.fm encourages you to use a “strong” password for your account. Crowd.fm will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You acknowledge that the Service allows you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) (“Third Party Service Providers”). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of crowd.fm.
Payment of Fees, Refunds, Upgrades, Downgrades and Delivery
- All paid plans must enter a valid credit card.
- An upgrade from a trial plan to any paying plan will immediately bill you and you will have immediate access to the Service.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- For any upgrade in plan level, the credit card that you provided will automatically be charged the prorated difference between the current plan and the new plan for your current billing cycle. Your credit card will automatically be charged the new rate from your next billing cycle.
- For any downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Crowd.fm does not accept any liability for such loss.
- All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your use of the Service and shall be the responsibility of, and payable by, you. If your place of business is within the EU (excluding the UK) and you provide us with a valid VAT registration number then we will not charge you VAT. In all other circumstances if you reside or have your place of business within the EU then we will add UK VAT to our fees at the then current rate.
Cancellation, Suspension & Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Crowd.fm, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other crowd.fm service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Crowd.fm reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Crowd.fm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Crowd.fm Site (crowd.fm) or the Service itself.
- Crowd.fm shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
- Crowd.fm does not pre-screen Content, but crowd.fm and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend crowd.fm against any claim, demand, suit or proceeding made or brought against crowd.fm by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify crowd.fm for any damages finally awarded against, and for reasonable legal fees incurred by, crowd.fm in connection with any such claim, demand, suit or proceeding; provided, that crowd.fm (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases crowd.fm of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email. Support is only available in English. Technical support will only be provided for bugs or errors in the Service that are reproducible by crowd.fm. You agree to provide crowd.fm with full and accurate details of all bugs and errors in the Service requested by crowd.fm. You acknowledge that crowd.fm provides no warranty that all or any bugs or errors in the Service will be corrected.
- You understand that crowd.fm uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, crowd.fm, or any other crowd.fm service.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, liable to incite racial hatred, discriminatory or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any crowd.fm customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by crowd.fm) of other crowd.fm customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Crowd.fm does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that crowd.fm shall not be liable for any direct, 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 crowd.fm has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of crowd.fm to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and crowd.fm and govern your use of the Service, superseding any prior agreements between you and crowd.fm (including, but not limited to, any prior versions of the Terms of Service).
- You agree that these Terms of Service and Your use of the Service are governed by and construed in accordance with the laws of England and Wales. Any dispute concerning it or its interpretation shall be adjudicated in that Jurisdiction.
- Questions about the Terms of Service should be sent to [email protected].
Last updated 13th December 2011