CrowdPixie reserves the right to change the Terms under which the Site and the Services are offered in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site or the Services. All changes to the Terms are effective from the date posted. Unless otherwise amended these Terms shall apply to any modified version or upgrade of the Site or the Services.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. PLEASE NOTE THAT CROWDPIXIE DOES NOT PROVIDE WARRANTIES FOR THE SITE OR THE SERVICES. THESE TERMS ALSO LIMIT CROWDPIXIE’S LIABILITY, AS FURTHER SET FORTH IN SECTIONS 5 AND 6. PLEASE READ THEM CAREFULLY.
Description of the Site and the Services
CrowdPixie enables users to participate in a group activity using the CrowdPixie App and services which may be provided by CrowdPixie and other third parties under the direction of CrowdPixie. The App can provide the CrowdPixie with information regarding the location of the device on which the App is installed. The unique identifier of the App is used in conjunction with one or more imaging devices to create a matrix on which information may be displayed as part of a group activity.
Standard telecommunication rates, text messaging rates, and other rates may also apply depending on your telecommunications provider and service plan. Please check your plan or call your telecommunications provider to be sure of all costs associated with the use of your wireless device.
You can gain access to the Services by using a CrowdPixie application. Your access to the Site and the Services may be restricted or limited by CrowdPixie or by your telecommunications provider and service plan. Images acquired by CrowdPixie for the purposes of providing the Services remain the property of the originator of the images however, CrowdPixie retains the right to use data derived from the images and or images of the information displayed based on the activity for purposes such as promotion of the services and publicity. By submitting video information to the Service, you assert that you have the right to grant CrowdPixie a non-exclusive, royalty-free license to use the video and/or images and to create derivative works from it.
Limited use of the Site and the Services
CrowdPixie reserves the right (but does not have the obligation) to restrict the use of certain features of the Site and the Services (including portions of the CrowdPixie applications), to terminate user accounts and to reclaim usernames.
The Site and the Services are provided on an “as-is” basis and should not be relied upon for any purposes whatsoever. No commercial use or use that could be construed as commercial use is permitted without the express written consent of CrowdPixie. Any rights not expressly granted under these Terms are reserved by CrowdPixie. CrowdPixie grants you a personal, nonexclusive ability to use the Site and the Services only as authorized in these Terms.
You may use the Site and the Services only for legal and appropriate uses. CrowdPixie reserves the right to make changes to the Site and the Services at any time and without notice. Your access to and use of the Site and the Services is completely at the discretion of CrowdPixie, and your access to and use of the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for prolonged inactivity or for any violation of the following rules:
You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Site and the Services, and with all applicable copyright, trademark, or other intellectual property rights laws.
You may not allow anyone else to use the Site or the Services who does not agree to these Terms.
You may not sell, use, transfer, reproduce, modify, edit, publish, perform, display, post, transmit or distribute the transcript of any communication that you may have in connection with your use of the Site or the Services without the written permission of CrowdPixie.
You may not upload, post, email, transmit or otherwise make available any content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content.
You may not disrupt the operation of the Site or the Services.
You may not use the Site or the Services for commercial purposes.
You may not interfere or attempt to interfere with the Site or the Services or another person’s use of the Site or the Services by use of any program, script, command, device, software, routine, or otherwise. This includes, but is not limited to attempts to overload the Site or the Services or to excessively burden CrowdPixie’s resources.
You may not use the Site or the Services if CrowdPixie finds such use is no longer commercially feasible.
You may not attempt to gain unauthorized access to any portion or feature of the Site or the Services, by hacking, password “mining” or any other illegitimate means.
You may not embed any page of the Site in “frames” running from other websites.
You may not mirror the Site and the Services on any website or server.
You may not remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services.
Your access to the Site is restricted to conventional non-accelerated browsers. So-called “web-accelerator” products such as NetJet, NetSonic, MSIECrawler, or Teleport Pro are not permitted.
You may not transmit any worms, Trojan Horses, viruses, defects, or any items of a destructive nature.
Robots and crawlers must follow the robot guidelines found at http://www.robotstxt.org/wc/robots.html. Robots that ignore the guidelines may be excluded from the Site and the Services.
You are responsible for compliance with all laws at all times. Traffic conditions and traffic laws must be observed and respected at all times, and take precedence over any directions, instructions or other information received using the Site or the Services. You acknowledge that you are responsible for controlling your vehicle and that you must exercise proper control of your vehicle at all times. You expressly agree that CrowdPixie shall have no liability for any adverse effects resulting from your violation of this provision, including but not limited to collisions or traffic law violations. In many jurisdictions, operating, handling, adjusting or viewing a mobile device while in an aircraft or while operating a vehicle is an offense. You agree to follow all applicable laws while using the Site or the Services.
When you visit the Site, use the Services, or contact CrowdPixie by other means, you consent to receive communications from CrowdPixie. CrowdPixie may contact you electronically or by other means CrowdPixie chooses, and CrowdPixie may contact you at any place that CrowdPixie may locate you. You agree that all agreements, notices, disclosures, and other communications that CrowdPixie provides to you via text message, email, or other form of electronic communication shall satisfy any legal requirement that such communications be in writing.
You expressly agree that, as part of the Site and the Services provided by CrowdPixie, you may receive promotional communications, alerts, and third party advertising materials from CrowdPixie via the Services.
Unintended parties may receive communications which are directed to CrowdPixie by you or which are directed to you by CrowdPixie. CrowdPixie is not responsible for any communications which are lost, intercepted or misdirected. Your telephone number and communications may be intercepted by third parties without your or CrowdPixie’s knowledge or permission. CrowdPixie is not responsible for information sent using text, voice, or other communication services.
Any unauthorized use of the Site or the Services will terminate any permission or license granted under these Terms and may violate applicable laws and statutes including trademark laws, copyright laws, and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.
You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Site or the Services.
CrowdPixie is the owner or licensee of all copyrights in and to the content, designs, information, text, software, HTML code, data, images and materials displayed on, or used in connection with, the Site and the Services (“Content”). You expressly assign to CrowdPixie any intellectual property rights that may result from your use of the Site or the Services, including but not limited to any copyright interest that you obtain in the work product that results from any communication that may take place between you and CrowdPixie through your use of the Site or the Services (“Work Product”). By making any Content or Work Product available through the Site or the Services, CrowdPixie does not grant any license or other authorization to copy, use, reproduce, perform, display, or distribute its copyrightable material, or other intellectual property, except as provided herein. For purpose of clarification but not limitation, you may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Content and/or Work Product, unless you first obtain the written permission of CrowdPixie. If you make use of any Content and/or Work Product other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws. Other than Work Product and Content, CrowdPixie does not claim ownership of any other correspondence, materials, and information that you submit to CrowdPixie, or that you post on the Site or the Services (“Your Materials”). Nevertheless, you automatically grant to CrowdPixie an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, adapt, modify, translate, publish, perform, display, distribute, make available, and store Your Materials, and to prepare derivative works based on Your Materials. Additionally, you agree that CrowdPixie may sublicense and/or assign its rights in Your Materials. No compensation will be paid with respect to this use of Your Materials. Subject to Your privacy settings, You also grant CrowdPixie the right to use your name, profile picture and location as provided by You to CrowdPixie in connection with Your Materials. Unless you designate otherwise, you are allowing everyone, including people off of the Site and the Services, to access and use Your Materials, and to associate Your Materials with you (i.e., your name and profile picture). CrowdPixie is under no obligation to post or use any of Your Materials, is under no obligation to maintain Your Materials and may remove Your Materials at any time in CrowdPixie’s sole discretion. You agree that you shall have no recourse against CrowdPixie for any alleged or actual infringement of any proprietary rights in Your Materials, and that the submission of such materials to CrowdPixie, irrevocably waives any and all “moral rights” in Your Materials including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all rights to Your Materials, and that the content is accurate, will not cause harm to any person or entity, that the use of Your Materials does not violate these Terms, and that you indemnify CrowdPixie for all claims resulting in any way from the use of Your Materials.
CROWDPIXIE, the CROWDPIXIE logo, as well as other trademarks and logos and other names of CrowdPixie’s products and services referenced on the Site or the Services are exclusively owned by CrowdPixie. All other products, services, and company names mentioned on the Site or the Services are the trademarks of their respective owners. By placing them on the Site or within the Services, CrowdPixie does not grant to you any license or other authorization to copy, reproduce, or use the trademarks or logos, except as provided herein.
If you believe that any material on the Site infringes on any copyright that you own or control, please follow the procedures outlined in our Notice to Copyright Owners. CrowdPixie is the owner, licensee, or assignee of all legal right, title and interest in and to the Site and the Services, including any intellectual property relating to the Site and the Services which may include any registered or unregistered rights or any patent pending technology.
The Site and the Services may contain advertisements, promotions, and links to external websites. Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Site and the Services are solely between you and such parties. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that CrowdPixie is not responsible or liable for any loss or damage incurred as the result of any such dealings. CrowdPixie does not endorse, and CrowdPixie is not liable for any content, products, services, software or other materials available on such other sites. CrowdPixie is not responsible for the privacy practices or the content of other websites. For your protection, please refer to the terms of service and privacy policies of the respective websites. You acknowledge, understand and agree that CrowdPixie 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 such other websites. CrowdPixie shall not be liable for any errors or delays in the content, goods or services available on such other websites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CROWDPIXIE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS. ANY INFORMATION PROVIDED BY OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND NEITHER CROWDPIXIE NOR ANY PERSON GUARANTEES, REPRESENTS, OR WARRANTS THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. CROWDPIXIE DOES NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, SERVICE OR SERVICE PROVIDER MENTIONED IN ANY QUERY OR RESPONSE. CROWDPIXIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CROWDPIXIE’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET, THE SITE, THE SERVICES OR OTHERWISE, IS NOT SECURE.
NEITHER CROWDPIXIE, NOR ANY OF CROWDPIXIE’S GUIDES, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “CROWDPIXIE ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CROWDPIXIE OR A CROWDPIXIE ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH CROWDPIXIE OR ANY CROWDPIXIE ASSOCIATE IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT CROWDPIXIE’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED TEN DOLLARS ($10.00).
THE SITE AND THE SERVICES ARE CONTROLLED, OPERATED AND ADMINISTERED BY CROWDPIXIE FROM ITS OFFICES WITHIN THE UNITED STATES. CROWDPIXIE MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE OR THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND CROWDPIXIE ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CROWDPIXIE AND THE CROWDPIXIE ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE AND THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN CROWDPIXIE AND YOU.
These Terms and the relationship between you and CrowdPixie shall be governed by the laws of the State of Indiana, without regard to any conflict of law or choice of law provisions of any state to the contrary. To the extent you have in any manner violated or threatened to violate CrowdPixie’s intellectual property rights or your obligations with respect to CrowdPixie’s confidential information, CrowdPixie may file an action seeking injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to the personal jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the courts located within Marion County or Hamilton County, Indiana, in the event of any dispute, and waive any future right to object to this designation of jurisdiction and venue and waive any right to a jury trial in connection with any such action. You agree that any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be brought within one (1) year after such claim or cause of action accrues or be forever barred. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you, your successors and permitted assigns.
The failure of CrowdPixie to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a partnership, joint venture, agency, employment, or other business relationship between you and CrowdPixie.
You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. CrowdPixie shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
These Terms, including any documents referenced herein, represent the entire understanding between you and CrowdPixie regarding your relationship with CrowdPixie and your use of the Site and the Services. These Terms shall not be construed against any party by reason of their preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and CrowdPixie with respect to such subject matter. Where CrowdPixie has provided you with a translation of an English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with CrowdPixie. If there is any contradiction between what the English language version of the Terms say and what a translation says, the English language version shall take precedence. Notwithstanding any provisions of these Terms, CrowdPixie has available all remedies at law or equity to enforce these Terms.
Posted October 25, 2015