Last updated: October 5, 2016
KBA2 Inc. dba CrowdOptic, Inc. ("CrowdOptic") welcomes you. CrowdOptic provides certain Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.crowdoptic.com/termsofservce. By accessing and using the CrowdOptic Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular CrowdOptic owned or operated services, you and CrowdOptic shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
CrowdOptic provides users with access to a rich collection of resources, including without limitation various mobile tools and applications, communications tools, personalized content, or branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "CrowdOptic Services"). You also understand and agree that the CrowdOptic Services may include advertisements and that these advertisements are necessary for CrowdOptic to provide the CrowdOptic Services. You also understand and agree that the CrowdOptic Services may include certain communications from CrowdOptic, such as service announcements, administrative messages, or periodic newsletters, and that these communications are considered part of your CrowdOptic membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current CrowdOptic Services, including the release of new CrowdOptic properties, shall be subject to the TOS. You understand and agree that the CrowdOptic Services is provided "AS-IS" and that CrowdOptic assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the CrowdOptic Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the CrowdOptic Services.
You understand that the technical processing and transmission of the CrowdOptic Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In consideration of your use of the CrowdOptic Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the CrowdOptic Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself if prompted by a CrowdOptic Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CrowdOptic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CrowdOptic has the right to suspend or terminate your account and refuse any and all current or future use of the CrowdOptic Services (or any portion thereof). CrowdOptic is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the CrowdOptic Services are strongly advised to monitor their child’s usage of CrowdOptic Services. Please remember that the CrowdOptic Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the CrowdOptic Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
You may receive a password and account designation upon completing a CrowdOptic Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CrowdOptic of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CrowdOptic cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CrowdOptic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the CrowdOptic Services. CrowdOptic does not control the Content posted via the CrowdOptic Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the CrowdOptic Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CrowdOptic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the CrowdOptic Services.You agree to not use the CrowdOptic Services to:
You acknowledge that CrowdOptic may or may not pre-screen Content, but that CrowdOptic and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the CrowdOptic Services. Without limiting the foregoing, CrowdOptic and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CrowdOptic or submitted to CrowdOptic, including without limitation user-generated Content shared throughout parts of the CrowdOptic Services.
You acknowledge, consent and agree that CrowdOptic may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CrowdOptic, its users and the public.
You understand that the CrowdOptic Services and software embodied within the CrowdOptic Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CrowdOptic and/or content providers who provide content to the CrowdOptic Services. You may not attempt to override or circumvent any of the usage rules embedded into the CrowdOptic Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the CrowdOptic Services, in whole or in part, is strictly prohibited.
When you register with CrowdOptic, you acknowledge that in using the CrowdOptic Services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and files, and other Internet activities), you will be causing communications to be sent through CrowdOptic's computer networks, portions of which are located in California and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of CrowdOptic's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the CrowdOptic Services and transfer, posting and uploading of software, technology, and other technical data via the CrowdOptic Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the CrowdOptic Services to parties identified on such lists; (b) agree not to use the CrowdOptic Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the CrowdOptic Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CrowdOptic does not claim ownership of Content you submit or make available for inclusion on the CrowdOptic Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the CrowdOptic Services, you grant CrowdOptic the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the CrowdOptic Services are those areas of the CrowdOptic network of properties that are intended by CrowdOptic to be available to the general public. By way of example, publicly accessible areas of the CrowdOptic Services would include shared photo sections or social networks that are open to both members and visitors. However, publicly accessible areas of the CrowdOptic Services would not include areas that are: (i) limited to members only; (ii) intended for private communication; or (iii) areas off of the CrowdOptic network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by CrowdOptic.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CrowdOptic through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CrowdOptic is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CrowdOptic 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) CrowdOptic may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of CrowdOptic without any obligation of CrowdOptic to you; and (f) you are not entitled to any compensation or reimbursement of any kind from CrowdOptic under any circumstances.
You agree to indemnify and hold CrowdOptic and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the CrowdOptic Services, your use of the CrowdOptic Services, your connection to the CrowdOptic Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the CrowdOptic Services (including Content, advertisements, Software and your CrowdOptic ID).
You acknowledge that CrowdOptic may establish general practices and limits concerning use of the CrowdOptic Services, including without limitation the maximum number of days that messages, postings, or other uploaded Content will be retained by the CrowdOptic Services, the maximum number of messages that may be sent from or received by an account on the CrowdOptic Services, the maximum size of any message that may be sent from or received by an account on the CrowdOptic Services, the maximum disk space that will be allotted on CrowdOptic's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the CrowdOptic Services in a given period of time. You agree that CrowdOptic has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the CrowdOptic Services. You acknowledge that CrowdOptic reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CrowdOptic reserves the right to modify these general practices and limits from time to time.
CrowdOptic Services may allow you and the people with whom you communicate to save your conversations in your CrowdOptic accounts located on CrowdOptic servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on CrowdOptic too. Your agreement to this TOS constitutes your consent to allow CrowdOptic to store these communications on its servers.
CrowdOptic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CrowdOptic Services (or any part thereof) with or without notice. You agree that CrowdOptic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CrowdOptic Services (or any part thereof).
You agree that CrowdOptic may, without prior notice, immediately terminate, limit your access to or suspend your CrowdOptic account, any associated email address, and access to the CrowdOptic Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the CrowdOptic Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the CrowdOptic Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CrowdOptic's sole discretion and that CrowdOptic shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the CrowdOptic Services.
Termination of your CrowdOptic account includes any or all of the following: (a) removal of access to all or part of the offerings within the CrowdOptic Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the CrowdOptic Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CrowdOptic Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CrowdOptic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the CrowdOptic Services.
The CrowdOptic Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that CrowdOptic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CrowdOptic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the CrowdOptic Services and any necessary software used in connection with the CrowdOptic Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the CrowdOptic Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by CrowdOptic or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the CrowdOptic Services, such Content or the Software, in whole or in part.
CrowdOptic grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or mobile device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the CrowdOptic Services. You agree not to access the CrowdOptic Services by any means other than through the interface that is provided by CrowdOptic for use in accessing the CrowdOptic Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CROWDOPTIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 CROWDOPTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CROWDOPTIC SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CROWDOPTIC SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE CROWDOPTIC SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the CrowdOptic Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The CrowdOptic Services is provided for informational purposes only, and no Content included in the CrowdOptic Services is intended for trading or investing purposes. CrowdOptic and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the CrowdOptic Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
CrowdOptic may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the CrowdOptic Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the CrowdOptic Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the CrowdOptic Services in an authorized manner.
You agree that all of CrowdOptic’s trademarks, trade names, service marks and other CrowdOptic logos and brand features, and product and service names are trademarks and the property of KBA2 Inc. dba CrowdOptic, Inc. (the "CrowdOptic Marks"). Without CrowdOptic's prior permission, you agree not to display or use in any manner the CrowdOptic Marks.
CrowdOptic respects the intellectual property of others, and we ask our users to do the same. CrowdOptic may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CrowdOptic's Copyright Agent the following information:
CrowdOptic's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
KBA2 Inc. dba CrowdOptic
400 Treat Ave, Ste E
San Francisco, CA 94110
Entire Agreement. The TOS constitutes the entire agreement between you and CrowdOptic and governs your use of the CrowdOptic Services, superseding any prior version of this TOS between you and CrowdOptic with respect to the CrowdOptic Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CrowdOptic services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and CrowdOptic each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and CrowdOptic, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and CrowdOptic agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of CrowdOptic to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CrowdOptic account is non-transferable and any rights to your CrowdOptic ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CrowdOptic Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Support group at: firstname.lastname@example.org.