This agreement constitutes a binding legal document between you and Crowdspending, together with all other agreements and policies that are incorporated herein by reference, and this agreement and all applicable laws and regulations shall govern your use of the Site at all times.
Your use of the Site constitutes your binding acceptance of these Terms, including any modifications we may make. Unless a specific section of this Agreement specifies otherwise, all terms of this Agreement apply to users and Members of the Site.
ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE (OR PORTIONS THEREOF), ARE NOT INTENDED, AND ARE PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
II. Intellectual Property Ownership
B. Copyrights and Other Intellectual Property
Permission to use Crowdspending Content is granted to the extent necessary to lawfully access and use the Site and to display, print, or download portions of the Site on a temporary basis and for your personal use only, provided that you (i) do not modify Crowdspending Content; (ii) retain any and all copyright and other proprietary notices contained in Crowdspending Content; (iii) do not copy or post unauthorized Crowdspending Content on any network computer or broadcast Crowdspending Content in any media; and (iv) do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code, software, or any underlying intellectual property used on the Site. We reserve all other rights in and to Crowdspending intellectual property.
The Crowdspending name, logo and any and all other trademarks, service marks, trade dress, and logos appearing on the Site, unless otherwise noted, are trademarks, service marks, and trade dress (whether registered or not) of Crowdspending (the “Crowdspending Marks”). You are not authorized to display or use Crowdspending Marks in any manner without our prior written consent. Crowdspending may grant permission to Members via a clickthrough agreement, but under no circumstances shall that use be intended, or permission granted, by Crowdspending for use in any manner related to a business purpose. Additionally, you are not authorized to display or use trademarks, product names, company names, logos, service marks, and trade dress of other trademark owners, if any, featured on the Site.
III. Members Accounts, Relationships, and Information
A. Personal Information
B. Member Accounts
By using the Site and creating a Member Account, you agree that Crowdspending may receive, hold, and transact discounts, rebates, bonuses, and other similar social-spending services when you procure goods or services from Crowdspending-selected vendors. You further agree that we may hold all Member funds in the Crowdspending General Members Account. All Crowdspending General Members Account accrued interest is the property of Crowdspending and at no time will be distributed to Members. Payments received from vendors are received at different intervals and will only be credited to Member Accounts, where applicable, when cleared funds are received by us from the Crowdspending-selected vendors. Where a Member has a positive cash bonus in their account, that Member may request that a portion, or the entirety, of their cash bonuses be refunded to them. All refunds will be completed through a third party and will ONLY be completed through the original email address provided by the Member at the time of Member Account creation. Where a Member does not maintain the original email address provided to Crowdspending upon creating a Member Account, a Member may not be able to receive a refund of cash bonuses. AT NO TIME MAY A MEMBER TRANSFER A BALANCE FROM ONE ACCOUNT TO ANOTHER ACCOUNT.
C. Members Must Use Crowdspending Site for Offers
You acknowledge that you must access Crowdspending-selected vendors directly through the Site in order to receive any Crowdspending-related discount, rebate, or bonus from a Crowdspending-selected vendor. We are not responsible for any Crowdspending-related discount, rebate, or bonus from a Crowdspending-selected vendor where the member accesses a vendor’s website directly.
D. Seek the Counsel of an Independent Advisor
E. No Agency Relationship
CROWDSPENDING EXPLICITLY DISCLAIMS ANY AGENCY RELATIONSHIP WITH ANY MEMBERS. WE DO NOT RECOGNIZE ANY AGENCY RELATIONSHIP WITH ANY MEMBER AND NO MEMBER IS AUTHORIZED TO BIND CROWDSPENDING IN ANY MANNER. ALL MEMBER ACTIONS ARE THEIR OWN; NO ACTION OF ANY MEMBER WILL BE CONSIDERED AN ACTION OF CROWDSPENDING.
V. Use of Communication Services.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with Crowdspending, the public at large, or with a group.
A. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Services, you will not:
A.i. Advertise, endorse, or offer to sell or buy any goods or services for any commercial or business purpose;
A.ii. Conduct or forward surveys, contests, pyramid schemes or chain letters;
A.iii. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
A.iv. Publish, post, upload, distribute or disseminate any inappropriate, offensive, threatening, vulgar, sexually explicit, abusive, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information;
A.v. Upload content or files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents and authorizations;
A.vi. Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
A.vii. Harvest or otherwise collect information about others without their consent, including without limitation e-mail addresses and other information about Site users and Members;
A.viii. Engage in or promote any anticompetitive conduct or inappropriate conversations or conduct that could have anticompetitive effects or could constitute a restraint on trade;
A.ix. Violate any applicable laws or regulations.
B. Crowdspending has no obligation to monitor the Communication Services. Crowdspending reserves the right but not the obligation to refuse, move, or remove, at any time for any reason and in Crowdspending’s sole discretion, content posted or uploaded by you to the Site (“User Content”). By way of example and not of limitation, Crowdspending may remove content that, in Crowdspending’s sole discretion, does not comply with the Terms or any of the items listed above under subsection “A”.
C. Individual sections of the Site may have additional rules and regulations specific to the subject matter being covered in that section. You agree to abide by the rules and regulations of individual sections on the Site.
D. If you upload content to the Site, you agree to the following:
a.i. You agree to indemnify and hold harmless Crowdspending, its officers, directors, employees, and agents, from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the User Content posted by you;
a.ii. You warrant and represent that you either own or otherwise control all of the rights to that material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use as defined by applicable law;
a.iii. You grant Crowdspending, its partners, and third party licensees a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, and aggregate your material with other content, create derivative works of and publicly perform that content for any purpose on and through each of the services provided by the Site. This license shall apply to the distribution and the storage of your User Content in any form, medium, or technology now known or later developed;
a.iv. You acknowledge that no compensation will be paid with respect to the use of your User Content, as provided herein.
E. Crowdspending disclaims responsibility and liability for the User Content and opinions expressed by others on the Site including, but not limited to, content or opinions regarding any products or service mentioned on the Site. Views expressed using the Communication Services are not necessarily those of Crowdspending.
VI. Claims of Copyright Infringement.
A. A description of the copyrighted work or other intellectual property that you claim has been infringed;
B. A description of where the material that you claim is infringing is located on the Site;
C. An address, a telephone number, and an e-mail address where Crowdspending can contact you and, if different, an e-mail address where the alleged infringing party, if not Crowdspending, can contact you;
D. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
E. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
F. Your electronic or physical signature.
G. Crowdspending may request additional information before removing any infringing material. Crowdspending may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.
H. Crowdspending expects all users of the Site to comply with applicable copyright laws. However, if Crowdspending is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. Crowdspending will follow the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, "putback" of the alleged infringing material.
VII. Children Under 13
The Children's Online Privacy Protection Act of 1998 (COPPA) governs how information is gathered online and how it is used when communication is received from children under the age of thirteen (13). We take children's privacy and safety very seriously. We do not request, seek or intentionally collect Personal Information from children under the age of thirteen (13). Certain features on the Site require users to register and create an account, which involves the collection of Personal Information. A child under age thirteen (13) may accidentally provide Personal Information on one of these registration forms. If this should happen, and we are able to determine that the sender is under the age of thirteen (13), we will not disclose any of the child's information to a third party. Should a parent discover that his/her child has submitted Personal Information on the Site, the parent may submit a written request within sixty (60) days, asking to have the information deleted or refuse to allow any further collection or use of the child's information.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS AND FEATURES MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CROWDSPENDING MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE CONTENT AND SOFTWARE ON AND THROUGH THE Site, INCLUDING WITHOUT LIMITATION, CROWDSPENDING CONTENT, AND USER AND MEMBER CONTENT; (C) THE FUNCTIONS AND FEATURES MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; (D) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR LINKS TO THIRD PARTY WEBSITES; AND (E) ANY OF THE REPRESENATIONS OR CONTENT PROVIDED OR POSTED BY THIRD PARTY ORGANIZATIONS, CHARITIES, VENDORS, ETC. CROWDSPENDING DOES NOT CONTROL OR VET USER OR MEMBER CONTENT OR PERSONAL INFORMATION FOR ACCURACY. CROWDSPENDING ALSO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION (INCLUDING PERSONAL INFORMATION) AND USER CONTENT.
CROWDSPENDING DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE’ FUNCTIONS OR FEATURES OR ANY CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CROWDSPENDING DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
CROWDSPENDING DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, CROWDSPENDING SPECIFICALLY DISCLAIMS SUCH WARRANTIES. IN ADDITION, CROWDSPENDING NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. YOU UNDERSTAND THAT BY USING ANY FUNCTION OR FEATURE OF THE SITE, INCLUDING, BUT NOT LIMITIED TO DONATING OR SUPPORTING ANY ORGANZIATION WHETHER FOUND OR NOT FOUND ON THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR ANY CONTENT THEREIN. ALL DECISIONS TO PURCHASE, DONATE OR CONTRIBUTE TO ANY VENDOR OR OGANIZATION IS VOLUNTARY AND THE MEMBER RELIES ON THEIR SOLE JUDGMENT AND DECISION MAKING. FURTHERMORE, CROWDSPENDING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS OR MEMBERS. CROWDSPENDING DOES NOT ENDORSE, GUARANTEE, OR CLAIM RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT SUBMITTED BY USERS OR MEMBERS OF THE SITE.
CROWDSPENDING DOES NOT ENDORSE ANY VENDOR, NOR DO WE BEAR ANY RESPONSIBILITY IF ANY VENDOR FAILS TO FULFIL THEIR RESPECTIVE RESPONSIBILITY OF PROVIDING THE GOODS OR SERVICES THE MEMBER PROCURES FROM THEM. IF THERE ARE ANY ISSUES WITH ANY PRODUCT OR SERVICE PROCUREMENT FROM A CROWDSPENDING-SELECTED VENDOR, THEN YOU MUST CONTACT THAT VENDOR DIRECTLY. CROWDSPENDING DISCLAIMS ANY RESPONSIBILITY TO FULFILL ANY MEMBER PROCUREMENT FROM A CROWDSPENDING-SELECTED VENDOR. FURTHERMORE, CROWDSPENDING IS NOT RESPONSIBLE FOR ANY DELAYS OR ISSUES ARISING FROM A VENDOR’S FAILURE OR UNTIMELY EXECUTION OF PREFERENTIAL PRICING, REBATES, DISCOUNTS, BILL CREDITS, OR OTHER ASSOCIATED MEANS OF COST-SAVINGS.
CROWDSPENDING HAS ENTERED INTO A FUNDRAISING CONTRACT WITH NETWORK FOR GOOD (NFG). WE ARE NOT RESPONSIBLE FOR THE MANNER IN WHICH NFG DIRECTS OR SPENDS FUNDS DONATED TO IT THROUGH THE CROWDSPENDING PLATFORM.
X. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CROWDSPENDING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, (2) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR USER OF THE SITE OR ANY OTHER PERSON, VENDOR, ORGANIZATION OR ENTITY; OR (3) ANY INFORMATION (INCLUDING PERSONAL INFORMATION), CONTENT (INCLUDING USER CONTENT), MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON THE SITE, EVEN IF CROWDSPENDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CROWDSPENDING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL CROWDSPENDING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND CROWDSPENDING’S REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE, CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME, AND FOR ANY REASON OR NO REASON.
A. Mutual Rights of Termination
You may terminate your relationship with us, for any or no reason, at any time, with notice. This notice will be effective upon Crowdspending processing your notice. We may terminate your account, for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately, or as may be specified in the notice. Termination, including termination of your account, includes disabling your access to the Site and may also bar you from any future use of the Site.
B. Termination by Breach
Without limiting any other remedies, Crowdspending may, without notice, delay or immediately remove User Content; warn other Members and users of the Site of a Member’s or user’s actions; issue a warning to a Members or user; temporarily suspend a Member or user; temporarily or indefinitely suspend a Member’s account privileges; terminate a Member’s account; prohibit access to the Site; and take technical and legal steps to keep a Member or user off the Site and refuse to provide services to a Member or user if any of the following apply:
ii. Crowdspending is unable to verify or authenticate any of your Personal Information or User Content; or
iii. Crowdspending believes that a Member or user is acting inconsistently with the letter or spirit of Crowdspending’s policies, has engaged in improper or fraudulent activity in connection with the Site, or the actions may cause legal liability or financial loss to a Member, user, or Crowdspending. Upon the termination of your use of the Site or your Members Account, you lose access to Crowdspending’s services on the Site.
XIII. Governing Law, Jurisdiction, Alternative Dispute Resolutions and Attorneys’ Fees
Any controversy or claim arising out of or relating to the relationship between a Members and Crowdspending or the use of the Site of any kind, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable Claims. Either party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, neither party shall initiate or prosecute any lawsuit or administrative action in any way related to any Arbitrable Claim. All arbitration hearings under this Agreement shall be conducted in Santa Barbara, California. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO TRIAL BY JURY AS TO THE MAKING, EXISTENCE, VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE. The fees of the arbitration shall be paid equally by the parties. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.