The Fine Print of CrowdReach
We recognize that many people are concerned about the information that they provide to us or that may be collected and how we treat that information. In order to address those concerns, we have developed this privacy statement.
A. TYPES OF INFORMATION COLLECTED
Through the Services and third-party service providers, we may collect both personally identifiable information and non-personal information from you.
1. Personally identifiable information. You don’t have to provide us with your personally identifiable information (such as your name, address, telephone number, email address, credit card number, etc.) in order to read some of what is posted through the Services. We may, however, collect personally identifiable information about you when you open an account with us, create a profile, subscribe to the Services, connect to your social media account in connection with the Services, and at other times in which we alert you that you must submit personally identifiable information. We also collect information and content you share with a social media website or application (such as Facebook, Twitter, Yelp and TripAdvisor) through the Services, as well as information and content that others have shared with you through those websites and applications. Without this information, we would not be able to respond to requests or interactions with the Services or provide our services to our users.
Please also note that some features of the Services may be provided or operated by third parties. These third parties may also obtain personally identifiable information from you in order to use their services. Please check their privacy policies for information about their privacy practices. In some cases these third parties may provide your personally identifiable information to us. For example, we may collect public information (as that term is defined by Facebook ) shared by and with you from Facebook and other social media websites and applications as allowed by their developer policies.
2. Non-personal information. Non-personal information—such as which pages are accessed; what information is downloaded; what type of device, browser or operating system is being used; which Internet service provider is being used; and other information of this general type—may be collected. We, or third parties, may track information about users’ online activities over time and across different websites. We may also collect the Internet Protocol (“IP”) address, unique device ID, and/or geo-location of the users’ computer or mobile device. By itself, this information does not allow us to personally identify individuals. By collecting this information, we learn how best to customize and develop our Services to meet the needs and desires of our users and to assist our users in understanding how to use social media to meet their marketing and branding goals.
B. METHODS OF INFORMATION COLLECTION
Personally identifiable information is collected when submitted by you—such as when you sign up for an open account with us, create a profile, send us an email. It is also collected when you use Facebook, Twitter, Yelp, or other social media websites and applications in connection with the Services. Your personally identifiable information may also be collected by third party service providers (such as social media websites and applications) and then provided to us by the third party.
Non-personal information may be collected via “cookies” (small text files placed on your computer’s hard drive), “web beacons” or other technology. If you do not wish to have us collect and use information collected from cookies, you should disable cookies on your computer/device. You may refer to your browser’s help menu for up-to-date information on blocking cookies and other technologies. We do not respond to web browser “do not track” signals or other similar mechanisms. If you do not want us to collect your geo-location, you may turn off the location services in your mobile device settings.
Among other methods, we use Google Analytics [and Google Analytics Advertising Features such as Google Analytics Demographics and Interest Reporting], which collect user information using first-party cookies (such as the Google Analytics cookie) or other first-party identifiers and third-party cookies (such as Google advertising cookies) and or other third-party identifiers. For more information about how Google collects and processes your data, please visit: https://www.google.com/policies/privacy/partners/. If you wish to opt-out of Google Analytics, we direct you to Google’s opt-out mechanism.
C. HOW WE USE YOUR INFORMATION
1. Personally identifiable information. If you sign up for an account with us (which is required in order to use some of the Services), create a profile, subscribe to the Services, connect to your Facebook or other social media account in connection with the Services, then we may use your personally identifiable information to maintain your account and to correspond with you. We may also use it to send you materials that we think would be of interest to you. If you email us, submit information to us, or ask to be placed on a mailing list that we maintain, then we may use your personally identifiable information to contact you and send information to you. If we receive your personally identifiable information from a third party service provider, then we may use the information to contact you and to assist in performing the service for which you have registered with the third party. We may also use your personally identifiable information to assist in delivery of content that is customized to your interests. In addition to the uses listed above, we may use your personally identifiable information to improve our marketing and promotional efforts or those of our users, as part of a statistical usage analysis, and/or to improve the features and content of the Services. In so doing, we may also provide your personally identifiable information to our users for use in connection with the Services. We may also combine non-personal information with your personally identifiable information. Further, we may use your personally identifiable information as set forth elsewhere in this Privacy Statement.
3. Links from the Services to advertisers and other third parties. Please be aware that the Company’s advertisers, business partners, sponsors, service providers, credit card companies, vendors and third parties accessible through the Services may have their own privacy practices. The Company is not responsible for any actions or policies of such third parties. You should check the applicable privacy policies of the third parties when providing information to them. These third parties may provide the personally identifiable information and non-personal information that they collect to the Company and may also use the information in accordance with their own privacy practices. Financial institutions, such as those which process credit card orders, are subject to federal financial privacy laws.
4. Other third parties. During the course of its business, the Company uses third party service providers, such as lawyers and accountants, to perform a variety of functions for the Company. In some instances, the Company may need to provide personal and/or non-personal information about you to such third parties. However, such service providers that are not linked from the Services are generally prohibited from using your personally identifiable information for any purpose other than for which they were selected to work with the Company.
5. Public forum. If you submit a comment, photograph, blog entry, forum entry, or similar submission through the Services, the information in your submission may be published to the general public. Please exercise caution when making such submissions. Please note that most such submissions are not reviewed prior to publication. We will not be responsible to read, respond to, or perform in accordance with any requests for privacy or confidentiality that are included with the submission or at any time.
6. Other uses. In addition to the uses set forth elsewhere in this Privacy Statement, the Company may use or disclose personal or non-personal information: (i) in cases where we believe in good faith that it is necessary to prevent a crime, an injury or financial loss to ourselves or to third parties; (ii) to protect against misuse or unauthorized use of the Services; (iii) pursuant to a court order, warrant, subpoena or discovery request, or as required by law; (iv) in conjunction with the sale or offering for sale of some or all of the Company; (v) in the event of the Company’s bankruptcy, assignment for the benefit of creditors, or similar financial circumstances; and/or (vi) when you have been made aware of the possibility of use or disclosure of the information at or prior to the time of collection.
D. OUR COMMITMENT TO SECURITY
We have put in place physical, electronic, and managerial procedures that we believe are appropriate to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. Please note that we cannot guarantee the security of our databases or Services, nor can we guarantee that information will not be intercepted while being transmitted over the Internet. In order to use some of the features of the Services, you may be required to create an account with us. For your protection, this account will only be accessible by means of a password or similar security measure. If you believe that your password or email address has been compromised, you should change your account with us immediately. If you forget your password, please follow the instructions on the login page.
The Services are not intended for or directed toward children under age 13. The Company does not knowingly collect personal information from children under the age of 13 through the Services unless such collection is done in accordance with the law. If you are a child under the age of 13 that intends to submit information to the Company through the Services, you must obtain your parent’s consent prior to making such a submission. In the event that the Company obtains actual knowledge that you are a child under the age of 13, the Company may require that you (and/or your parent) prove to us your prior parental consent. To obtain a parental consent form, please contact the privacy administrator designated in Section I.2 below.
F. ACCESS TO YOUR PERSONAL INFORMATION AND “OPT OUT” PROCEDURES
You may change your online account information with the Company by accessing your account through the Services (if you forgot your password, please follow the instructions on the login page). Please keep in mind that to protect your privacy and security, we may take reasonable steps to verify your identity before granting you access to any personally identifiable information or “opt out” capabilities.
You can stop all collection of information by the App by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out of collection by emailing us at email@example.com or contacting us at the address set forth below.
If you would like to access or change any other personal information that we have collected, or would like to “opt out” of our retention or disclosure of any other information, please email us at firstname.lastname@example.org or contact us at the address set forth below.
164 Market Street
Charleston, SC 29401
Subject to the Company’s protection of itself and others, disclosures for legal reasons, and our current technological capabilities, we may be able to assist you.
To change the information that you submitted to third party service providers, please contact the service provider directly. Their policies will dictate the extent to which you can access or change the information that they have collected about you.
G. PARENTAL OPTIONS AND REVIEW
Parents of children under the age of 13 have the option to agree to the collection and use of their child’s personal information without consenting to the disclosure of the information to third parties (subject to the Company’s protection of itself and others, disclosures for legal reasons, and the Company’s current technological capabilities). In addition, parents can review the personal information provided by their child under the age of 13, ask to have it deleted and refuse to allow any further collection or use of the child’s information (subject to the same items as above). In order to make these requests, parents should follow the “Opt Out” procedures set forth in the “Access to Your Personal Information and ‘Opt Out’ Procedures” section of this Privacy Statement.
H. CHANGES TO THIS PRIVACY STATEMENT
This Privacy Statement may be changed from time to time, so we encourage you to check back with every visit to the Services. If you do not agree to one or more of the changes, you may choose to “opt out,” using the procedures set forth above. Once the change has been made, all information collected by the Services after the change will be subject to the new terms of the Privacy Statement. The current version of this Privacy Statement is effective December 4th, 2015.
I. TO CONTACT US
1. For general privacy inquiries, please contact us at email@example.com.
2. Parents of children under 18 seeking to access or change personally identifiable information that has been collected about their children through the Services, or to obtain or submit parental consent forms, please contact us at: firstname.lastname@example.org.
The Company may have several operators collecting or maintaining personal information. The operator listed above, or his/her successor, is responsible for responding to privacy inquiries. Third parties accessible through the Services may have their own such operators.
Copyright © 2017 CrowdReach, LLC. All rights reserved.
By viewing, interacting with, creating an account or a subscription to use, providing content or information to, or otherwise using the Services, you signify that you have read, understood and agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you must not use or access (or continue to access) the Services. Your use of the Services is also governed by our Privacy Statement, which is incorporated into this Agreement by reference.
We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using the Services after such changes are posted, you agree to be bound by the changes. This Agreement was last modified on April 30, 2016.
B. Your Account
1. License: Subject to the terms of this Agreement and any additional terms displayed on the Site or as provided to you, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services.
2. Eligibility: By using the Services, you agree that you are at least 18 years of age and fully capable of entering into a legally binding contract. By creating an account in the name of an organization or group, you agree that you are an authorized agent of that organization or group and have authority to accept this Agreement on their behalf. In our discretion, we may permit you to authorize additional users to use your account with CrowdReach. The primary account holder is responsible for each authorized users’ use of the account and compliance with this Agreement. In the event of a dispute between you and the other account users, you agree to resolve that dispute with those users. We will assume that the primary account holder is the administrator for the account and will follow that individual’s instructions regarding the account. You may not provide inaccurate or incomplete information when creating or maintaining an account with us, and must update your information if it changes.
3. Cancellation of Accounts: You or CrowdReach may cancel your account at any time. To cancel your account, please email us at email@example.com with the following subject line: Cancellation of Account. CrowdReach, in its sole discretion, may close user accounts, suspend account activity, or change eligibility requirements at any time—with or without cause. Cancellation of your account terminates your license to use the Services, but does not terminate your obligations under this Agreement other than any obligation to pay for future Services.
4. Account Use and Password: You are responsible for keeping your account name and password confidential. You are responsible for any use of your account or the Services by anyone using your account password, email address, or other personal identifier. Thus, if for any reason you suspect that your account password or other identifying information has been compromised, you should contact CrowdReach immediately.
5. Contact: By creating an account, you agree that CrowdReach may contact you by email, postal mail, phone, text or other methods, regarding updates, discounts, and other information pertaining to the Services. If you do not wish us to contact you by phone or text, please email at us at firstname.lastname@example.org to let us know.
6. Payment: Our fees for monthly subscriptions are listed on the Site. We may change our fees at any time by posting a new fee structure on the Site or by contacting you at the email associated with your account. You will be subject to the new fee structure unless you cancel your account before it goes into effect. Payments for Services are due on the same day of the month as the day on which you opened your account, in the amount listed in the current fee structure. If you purchase additional Services beyond your subscription plan, we will charge any additional amount in your next monthly payment. When you open an account, you will provide us with your valid credit card information and authorize us to deduct your monthly payments from that credit card. If we are unable to process your credit card, we will suspend your account pending processing of your payment. You agree to submit any disputes about payments to us in writing within sixty (60) days of the payment and that any disputes not submitted to us in writing within that period are waived.
7. Refunds: Refunds may be issued in our sole discretion upon account cancellation or termination. To request a refund, you must contact us at email@example.com or 843-212-3602 within 30 days of your account cancellation or termination. If CrowdReach determines that a refund shall be issued, any unused fees paid in advance will be refunded on a pro rata basis. No refunds will be issued more than 30 days after cancellation or termination of an account.
8. Subscriber Information/Data: Within 90 days of cancellation or termination of your account, please contact us at firstname.lastname@example.org or by calling 843-212-3602 to inform us if you would like CrowdReach to try to assist you with transferring your account information (including contact lists) to you. CrowdReach may, in their sole discretion, delete any account information (including contact lists) 90 days or more after an account is cancelled, terminated or inactive.
9. Multiple Accounts: You may not open multiple accounts for any individual or organization to send substantially similar content—unless you are part of a franchise. If we have cancelled your account for breach of this Agreement or another cause, you may not open another account.
C. Submission and Sharing of Your Content / Marketing Communications
The Services allow you to submit content (for example, contact lists containing personal information about your customers and supporters) to us and third parties, including but not limited to marketing communications (for example, emails, social media posts, and text messages—all of which might include text, photos, videos and other content). Please note that there are certain restrictions on your use of the Services relating to such content.
1. Standards: You agree not to submit any content that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, offensive, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) offers to sell illegal goods or services; (g) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (h) constitutes unsolicited junk or bulk email (“spam”); or (i) is tortious or criminal.
2. Contact Lists: You agree to only import, access or otherwise use contact lists in connection with the Services for which all listed parties have affirmatively consented to receive correspondence from you. You agree not to use newsgroups, publicly-available press or media addresses, or purchased, rented or third-party lists in connection with the Services. You further agree that your contact list will not contain personally-identifying information or other information about individuals under the age of eighteen (18) years old without the prior written consent of the individual’s legal guardian. Upon request, you will provide us with all information about where you obtained any contact list that you use in connection with the Services. You are responsible for maintaining backups of your contact list(s).
3. Communications; Products, Services and Promotions:
a. The Services permit you to communicate with third parties about your products and services, including promotions for your products and services (“Promotions”) such as, but not limited to, contests, promotional events, discounts and deals, and solicitations for donations. You are solely responsible for (i) your products, services and Promotions; (ii) your communications through the Services; and (iii) any assistance, warranty or support relating to your products, services or Promotions.
b. From time to time, we may provide marketing information and templates. You agree that such assistance and information is provided for your convenience, but is not intended to and does not constitute legal advice. We do not warrant that use or compliance with that assistance or information is sufficient to ensure compliance with your obligations hereunder, with any applicable laws or regulations, or with any third-party rights.
c. With respect to your communications through the Services, you agree: (i) to comply with any promises or offers you make; (ii) that any communications about Promotions will prominently include all applicable rules, restrictions or limitations, and you will comply with the same; (iii) that your products, services and Promotions comply with all applicable laws and regulations; (iv) that you have any and all necessary government and/or third-party licenses required for your goods, services and Promotions; and (v) that you will provide your products, services and Promotions in a safe and professional manner, consistent with best practices in your industry, and keep reliable records. Your rules for any Promotion will include that the Promotion is in no way sponsored, endorsed by or associated with us, and that each entrant or participant unconditionally releases us from any and all claims relating to the Promotion.
4. Compliance with Laws, Regulations and Other Websites:
a. Generally: You may not use the Services for any unlawful or discriminatory activities. You agree that your use of the Services will comply with all applicable laws and regulations, and that it is your responsibility to determine if your use of the Services complies with such laws and regulations. You agree that CrowdReach is not responsible if you use the Services in a manner that does not comply with applicable laws and regulations, and you agree to defend and indemnify CrowdReach in the event of a legal claim arising from or relating to your unlawful use of the Services.
b. Anti-Spam: You agree that all communications you send through or using the Services will comply with the US CAN-SPAM Act of 2003 and other applicable anti-spam laws (such as laws in the recipient’s jurisdiction). We may cancel your account and terminate your access to the Services if we, in our sole discretion, determine that there are too many spam reports or complaints about you. For privacy concerns, we will not disclose the identities of recipients who complain or file a spam report against you. You agree that you will not provide any false or misleading information through the Services, whether contact information, information in a subject line or other information. In addition to any other requirements, by transmitting communications directly to individuals or entities through or using the Services, you agree that:
(1) you are the sole or designated “sender” (as such term is defined in the US CAN-SPAM Act of 2003 and any related rules or regulations) of the communication, and you are the sole person sending or causing or permitting the communication to be sent;
(2) you received affirmative written consent from each recipient of the communication prior to transmitting it and the recipient has not unsubscribed or objected to receiving such communications from you;
(3) each communication sent via email will contain an accurate physical mailing address and your true and accurate identification as the sender (including in the “From” line of any email); and
(4) each communication will contain instructions for unsubscribing from further communications, which will not require the recipient to provide any information other than an email address (for an email communication) or phone number (for a text/SMS communication), and you will honor requests to unsubscribe within seven (7) days of their receipt; and
(5) you will not expressly encourage or induce recipients to forward messages to third-parties that have not expressly agreed to receive such messages.
5. License: You retain all ownership and copyrights in the content that you submit to us. By submitting content to us, you grant CrowdReach a license to use it as part of the Services, use it for our internal purposes (including but not limited to review to ensure compliance with this Agreement), and use it to promote CrowdReach (except for personally identifiable information in your contact lists, which will not be used to promote CrowdReach) (collectively, the “Uses”). More specifically, by submitting content to us, you agree that we have a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to use the content for the Uses — including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised for purposes of the Uses. You further agree that CrowdReach and its licensees have the right to use your name and likeness in connection with CrowdReach’s publication, display, modification, distribution or other use of such content for purposes of the Uses. CrowdReach is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to CrowdReach (whether directly or through its third party service providers) for purposes of the Uses without compensation or remuneration. You agree that in the event that we sell or transfer our company, in whole or in part, the license that you granted us in this section may be sold or transferred as well without further approval by you, and that the Uses would then become the Uses of our transferee or successor.
6. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against any and all claims relating to (i) any content that you submit to us or the Services; (ii) any communications you send through or using the Services, and/or (iii) your products, services or Promotions.
7. Monitoring of Content / Removal: You agree that CrowdReach has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Services. You further agree that CrowdReach may, in its sole discretion, review, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.
8. Release: You agree to release CrowdReach (including without limitation, for purposes of this Section C.8 of the Agreement, the officers, directors, employees, partners, limited partners, shareholders, owners, members, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, agents, attorneys and representatives of CrowdReach) from any and all liability and obligations whatsoever in connection with or arising from CrowdReach’s use of the content of the Uses or non-use of content submitted by you or any third party.
9. Privacy: Other than as set forth in the Privacy Statement, CrowdReach may treat any submission and/or communication between you and CrowdReach as non-confidential and non-proprietary. In particular, emails, marketing communications, social media posts or correspondence, communications through or using the Services, or similar submissions will not be considered confidential. Notwithstanding the above, we will protect the personally identifiable information in your contact list as we protect other personally identifiable information under our Privacy Statement.
10. No Endorsement / Recommendation: CrowdReach does not endorse, recommend, or take any responsibility for any content submitted to the Services by any third-party (including you), even if CrowdReach displays such content.
11. CrowdReach Branding: You agree that for communications sent or distributed through or using the Services, we may add a link to and icons for our Site or social media websites, as well as language such as “Powered by CrowdReach.” You agree not to remove any such language or images, and that such statements do not constitute an endorsement of or affiliation with CrowdReach relating to your communication, products, services or any offers made in the communication and do not constitute an assumption by CrowdReach of any liability relating to the same.
D. Reporting Abuse / Copyright Infringement – DMCA Notifications
1. Abuse: If you believe that someone is violating this Agreement (including if you received spam and believe it was sent by someone using the Services), please notify us immediately at email@example.com.
2. Copyright Infringement / DMCA: If you believe in good faith that your copyrighted work has been reproduced through the Services without authorization in a way that constitutes copyright infringement, please send a notice of copyright infringement to CrowdReach’s copyright agent, Edward Fenno, Esq., Fenno Law Firm, LLC, 171 Church Street, Suite 160, Charleston, South Carolina 29401, email: firstname.lastname@example.org. (This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere in the Services.) Your notice of copyright infringement should contain the following information:
a. Identification of the work or material being infringed.
b. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that CrowdReach is capable of finding it and verifying its existence.
c. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
d. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
e. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
f. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
E. Intellectual Property
All content included in or through the Services, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of CrowdReach and/or its third-party content providers. The trademarks “CROWDREACH” and “CROWDREACH.COM,” as well as the business names, logos, slogans, trade dress and all other marks on the Services are trademarks of CrowdReach or its third-party content providers.
No portion of the Services may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by CrowdReach. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from the Services.
F. Disclaimer with Respect to Contractors and Other Third Parties
G. Disclaimer with Respect to Other Internet Sites
The Services may link to third-party websites and information that are not part of the Services. CrowdReach has not reviewed all of the sites, or content of sites, that may be accessed from or linked to the Services. You agree that CrowdReach is not responsible for the content of any websites, images, information, or data, which are not contained on the Site or in the App. Viewing of any and all other websites besides the Site shall be at your own risk.
H. Prohibition on Use / Enforcement of Terms
CrowdReach may at any time, for any reason, prohibit your further use in whole or in part of the Services. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of the Services. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against CrowdReach for any failure by us to enforce this Agreement, whether against you or a third party. CrowdReach’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.
I. Access Limits
Without CrowdReach’s express consent, you may not frame any pages from the Services, place pop-up windows over pages of the Services, or otherwise affect the display of the Services. CrowdReach grants you permission to link to the Site (without framing it) or the Services, but may revoke this permission at any time for any reason.
Under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of the Services or their content by reverse engineering, disassembly, decompilation or any other means; (ii) copy, index, crawl, or scrape (or use a device or program that does any of those things) the Services; (iii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of CrowdReach or its affiliates or contractors (“hacking”), whether or not the intrusion results in corruption or loss of data; (iv) restrict or inhibit any other subscriber or user from using the Services; (v) transmit to CrowdReach or by means of the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission; (vi) interfere with or disrupt the Services; (vii) remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services; (viii) use the Services to violate any applicable law or third-party rights, terms of service/use or policies; (ix) attempt to circumvent our fee structure; or (x) engage in any other conduct which, in our sole discretion, exceeds the scope of the license granted to you hereunder or which interferes with or affects the Services.
J. Parental Control Provisions
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org.
K. Disclaimer of Warranties and Limitations of Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CrowdReach (including without limitation, for purposes of this Section K of the Agreement, CrowdReach and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering the Services or any of the content, products or services available on or through the Services) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, CROWDREACH MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THE SERVICES, (ii) AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SERVICES; (iii) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES; (v) THAT THE CONTENT OF THE SERVICES DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (vi) THAT THE SERVICES, THEIR SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF CROWDREACH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CROWDREACH DOES NOT GUARANTY THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF CROWDREACH.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CROWDREACH BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CROWDREACH’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF CROWDREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF YOUR LAST TWELVE (12) MONTHLY PAYMENTS TO CROWDREACH AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES.
THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, release and hold harmless CrowdReach (including without limitation, for purposes of this Section L of the Agreement, CrowdReach, and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering the Services or any of the content, products or services available on or through the Services) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of the Services or any content that you submit to or obtain from the Services. CrowdReach reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CrowdReach in asserting any available defenses and will pay all of CrowdReach’s attorneys’ fees and costs in such defense.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
N. Governing Law and Jurisdiction
You agree that the laws of the State of South Carolina will govern this Agreement and your use of the Services. The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Services. You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston, South Carolina, of any such action.
O. International Use
CrowdReach makes no representation that the Services (including the content, services or products provided on or through them) are appropriate for or available to locations outside the United States of America; and using the Services from territories where it is illegal to do so is prohibited. Any offer for a product or service through the Services is void where prohibited. Use of the Services is done at your own risk and you are responsible for compliance with all local laws, including all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you are located.
We have taken reasonable precautions to attempt to prevent security breaches in our Services. Nonetheless, Internet data transmission is not secure, and no computer networks are fully secure against third party hackers. As a result, no assurance is given as to the privacy or security of any email addresses or other personal data that you use with or provide to the Services—whether stored on our computers or devices, or whether being delivered by email or otherwise. You are solely responsible to maintain any security procedures that you deem appropriate, such as encryption of data, to protect your data. You agree to notify us immediately of any potential security breach of which you are aware. In the event of a security breach that may affect you or anyone on your contact lists, we will notify you of the breach and provide a description of what happened; and, if we request it, you will promptly forward such information to the people on your contact lists.
You agree that this Agreement and all rights and licenses provided to CrowdReach under this Agreement are fully and freely assignable and sub-licensable by CrowdReach without further compensation or notice to you. You may not assign your rights under this Agreement to anyone else.
R. Integration and Modification
Except as otherwise specified herein or in a written agreement signed by CrowdReach, this Agreement constitutes the entire agreement between you and CrowdReach with respect to the Services, and supersedes all prior or contemporaneous communications or proposals between you and CrowdReach with respect to the Services. You may not modify this Agreement other than by obtaining CrowdReach’s signed, written consent to such a modification.
CrowdReach can be contacted at email@example.com.
Legal notices shall be sent to CrowdReach, LLC at the following address firstname.lastname@example.org. Notice will be considered given upon receipt.
CrowdReach is entitled to assume that any address information that you provide to us is correct, and CrowdReach may contact you at such address. Notice to you will be considered given when sent.
Copyright © 2017, CrowdReach, LLC. All rights reserved.