Crowdster is a social collaboration service that allows Members and Nonprofits to create an online profile, to run fundraising campaigns, to make comments about their friends and colleague, fact check their own profiles, and to poll other members on topics important to them. The services offered by Crowdster ("Crowdster" or "we") include the Crowdster website (the "Crowdster Website"), writing posts about Members, fact checking Member's profiles, creating polls, blogs, and any other features, content, or applications offered from time to time by Crowdster in connection with the Crowdster Website (collectively, the "Crowdster Services"). The Crowdster Services are hosted in the U.S.
Crowdster may modify this Agreement from time to time and such modification shall be effective upon posting by Crowdster on the Crowdster Website. You agree to be bound to any changes to this Agreement when you use the Crowdster Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Crowdster and that you provide to other Users. Your Crowdster profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Crowdster Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Crowdster assumes no responsibility or liability for this material. If you become aware of misuse of the Crowdster Services by any person, please contact Crowdster or click on the "Feedback" link at the bottom of any Crowdster page.
Crowdster reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Crowdster Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the Crowdster Services is void where prohibited. By using the Crowdster Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the Crowdster Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
- Registration. We invite you to Enroll your nonprofit organization at the Website. If you do not register, you may not be able to use all of the features of the Website. If you register, you agree to provide true, accurate and complete information about your nonprofit , except that you may not want to use your full, actual name for your username. You also agree to update registration information you provide to maintain its truth, accuracy and completeness.
- Term. This Agreement shall remain in full force and effect while you use the Crowdster Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Tools page. Crowdster may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that Crowdster reserves the right to charge for the Crowdster Services and to change its fees from time to time in its discretion. If Crowdster terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Crowdster immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Fact Check. By accepting the terms of this agreement you hereby authorize Crowdster to conduct a check on the employment and educational background information that you enter into the site. It is understood that verification of that information as supplied is a condition to an approved membership.
- Non-commercial Use by Members. The Crowdster Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Crowdster. Illegal and/or unauthorized use of the Crowdster Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Crowdster Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Crowdster Services.
- Proprietary Rights in Content on Crowdster.
- Crowdster does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Crowdster Services. After posting your Content to the Crowdster Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Crowdster Services, you hereby grant to Crowdster a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Crowdster Services.
- The license you grant to Crowdster is non-exclusive (meaning you are free to license your Content to anyone else in addition to Crowdster), fully-paid and royalty-free (meaning that Crowdster is not required to pay you for the use on the Crowdster Services of the Content that you post), sublicensable (so that Crowdster is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Crowdster Services), and worldwide (because the Internet and the Crowdster Services are global in reach). This license will terminate at the time you remove your Content from the Crowdster Services. The license does not grant Crowdster the right to sell your Content, nor does the license grant Crowdster the right to distribute your Content outside of the Crowdster Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the Crowdster Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Crowdster Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Crowdster Services.
- The Crowdster Services contain Content of Crowdster ("Crowdster Content"). Crowdster Content is protected by copyright, trademark, patent, trade secret and other laws, and Crowdster owns and retains all rights in the Crowdster Content and the Crowdster Services. Crowdster hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Crowdster Content (excluding any software code) solely for your personal use in connection with viewing the Crowdster Website and using the Crowdster Services.
- The Crowdster Services contain Content of Users and other Crowdster licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Crowdster Services.
- International Use. This Website is controlled and operated from within the United States. Crowdster makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.
- Content Posted.
- Crowdster may delete any Content that in the sole judgment of Crowdster violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Crowdster assumes no responsibility for monitoring the Crowdster Services for inappropriate Content or conduct. If at any time Crowdster chooses, in its sole discretion, to monitor the Crowdster Services, Crowdster nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the Crowdster Services, and any material or information that you transmit to other Members and for your interactions with other Users. Crowdster does not endorse and has no control over the Content. Content is not necessarily reviewed by Crowdster prior to posting and does not necessarily reflect the opinions or policies of Crowdster. Crowdster makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Crowdster members, Nonprofit Affiliates, and Corporate Sponsors, may provide links to third party websites (including advertisers and others) on the Website. Third parties are not under the control of Causes and Causes is not responsible for their content or conduct. If you access a third party website from the Website, you do so at your own risk. Causes provides links as a convenience and the inclusion of the link does not indicate or imply that Causes endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Website, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that Causes shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Crowdster Services. Crowdster reserves the right to investigate and take appropriate legal action against anyone who, in Crowdster's sole discretion, violates this provision, including without limitation, removing the offending communication from the Crowdster Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Crowdster
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
The following is a partial list of the kind of activity that is illegal or prohibited on the Crowdster Website and through your use of the Crowdster Services. Crowdster reserves the right to investigate and take appropriate legal action against anyone who, in Crowdster's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Crowdster Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Crowdster Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Crowdster reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Crowdster deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Crowdster Services, you acknowledge that you will have caused substantial harm to Crowdster, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Crowdster $50 for each such unsolicited email or other unsolicited communication you send through the Crowdster Services;
- covering or obscuring the banner advertisements on your personal profile page, or any Crowdster page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Crowdster Services or the networks or services connected to the Crowdster Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Crowdster Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Crowdster Services on behalf of that person, such as placing commercial content on your profile, or posting blogs or bulletins with a commercial purpose; or
- using the Crowdster Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Crowdster to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Crowdster by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Crowdster Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Crowdster Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Crowdster's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Crowdster, P.O. Box 415, Port Washington, NY 11050; telephone: (516) 225-9093; facsimile: (720) 368-9473 Attn: Copyright Agent; and email: email@example.com.
- Member Disputes. You are solely responsible for your interactions with other Crowdster Members. Crowdster reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. Crowdster is not responsible for any incorrect or inaccurate Content posted on the Crowdster Website or in connection with the Crowdster Services, whether caused by Users of the Crowdster Services or by any of the equipment or programming associated with or utilized in the Crowdster Services. Profiles created and posted by Members on the Crowdster Website may contain links to other websites. Crowdster is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Crowdster. Inclusion of any linked website on the Crowdster Services does not imply approval or endorsement of the linked website by Crowdster. When you access these third-party sites, you do so at your own risk. Crowdster takes no responsibility for third party advertisements which are posted on this Crowdster Website or through the Crowdster Services, nor does it take any responsibility for the goods or services provided by its advertisers. Crowdster is not responsible for the conduct, whether online or offline, of any User of the Crowdster Services. Crowdster assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Crowdster is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Crowdster Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Crowdster Services. Under no circumstances shall Crowdster be responsible for any loss or damage, including personal injury or death, resulting from use of the Crowdster Services, attendance at a Crowdster event, from any Content posted on or through the Crowdster Services, or from the conduct of any Users of the Crowdster Services, whether online or offline. The Crowdster Services are provided "AS-IS" and as available and Crowdster expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Crowdster cannot guarantee and does not promise any specific results from use of the Crowdster Services.
- Disclaimer: Fact Check Service. Member information that has been "verified" by the Crowdster fact check service means that we have contacted the school or organization listed by a Member to verify that the Member in question did attend the school, or did work in the company, as represented in his or her Member Profile. If a background fact has been "verified," we represent that we have used best efforts to determine the validity of the information. If a fact that has been verified, is proven incorrect, Crowdster will remove the "verified" status on the Member profile and refund the two times the cost of the service to the Member that ordered the fact check. Crowdster is not responsible for any damages beyond this refund to any party, including the Member who ordered the fact check, the subject Member him/herself, or any User who saw the verified status. It is understood and agreed that Crowdster does not check an Applicant's or Member's criminal background and therefore Crowdster accepts no liability and/or responsibility regarding the same. Users agree to proceed at their own risk concerning any criminal background history or issues. Users of any other information contained on this site agree to save and hold harmless Crowdster, any of its officers, employees and/or subcontractors from all cost, injury and damage incurred based on Member information or lack thereof which may from time to time be provided.
- Limitation on Liability. IN NO EVENT SHALL Crowdster BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Crowdster HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Crowdster'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Crowdster FOR THE Crowdster SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with the Crowdster Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Crowdster Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the Crowdster Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York. Either Crowdster or you may demand that any dispute between Crowdster and you about or involving the Crowdster Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, USA, provided that the foregoing shall not prevent Crowdster from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold Crowdster, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Crowdster Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Crowdster Website or through the Crowdster Services causes Crowdster to be liable to another.
- Other. This Agreement is accepted upon your use of the Crowdster Website or any of the Crowdster Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Crowdster regarding the use of the Crowdster Services. The failure of Crowdster to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Crowdster is a trademark of Crowdster, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.