ACCEPTANCE OF TERMS (a) Crowd-Works.com provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us without notice to you. You can review the most current version of the TOS at any time at: http://Crowd-Works.com/Terms.html .
(b) You agree that creation of account at Crowd-Works.com or use of Crowd-Works.com, will constitute your acceptance of this TOS. We may vary this TOS from time to time and your continued use of Crowd-Works.com after any such revisions have been made shall constitute your agreement to such revised terms.
(c) Unless explicitly stated otherwise, any new features that augment enhance or otherwise change Crowd-Works.com shall be subject to this TOS.
request, you agree to sign a non-electronic version of this TOS.
DESCRIPTION OF SERVICE Crowd-Works.com provides users with services to perform various tasks related to gathering of information or performing actions online using a team of workers who do these tasks manually. You also understand and agree that the Service may include advertisements. You also understand and agree that the Service may include certain communications from Crowd-Works.com, such as service announcements and administrative messages. You understand and agree that the Service is provided "AS-IS" and that Crowd-Works.com 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 Service, 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 Service.
YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving 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 as prompted by the 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 Crowd-Works.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Crowd-Works.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY 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 Crowd-Works.com 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. Crowd-Works.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree not to:
(a) impersonate any person or entity using Crowd-Works.com
(b) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used Crowd-Works.com;
(c) spam or flood the Crowd-Works.com website or service;
(d) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Crowd-Works.com website or service or the software used in connection with Crowd-Works.com;
(e) remove any copyright, trademark, or other proprietary rights notices contained in Crowd-Works.com;
(f) "frame" or "mirror" any part of the Crowd-Works.com website or service without the prior written authorization of Crowd-Works.com;
(g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Crowd-Works.com website or service or its contents;
(h) otherwise interfere with, or disrupt, Crowd-Works.com or servers or networks connected to Crowd-Works.com, or violate this TOS or any requirements, procedures, policies or regulations of Crowd-Works.com or of any networks connected to Crowd-Works.com; or
(i) intentionally or unintentionally violate any applicable law or regulation, or any rule or requirement established in connection with your use of Crowd-Works.com.
You agree to indemnify and hold Crowd-Works.com and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with: (i) your use of and access to the Crowd-Works.com Website, including without limitation any Content as well as your connection to the Website; (ii) your failure to comply with any provision of the TOS; or (iii) any claim by a third party that any use of the Website by you infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
MODIFICATIONS TO SERVICE Crowd-Works.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Crowd-Works.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION You agree that Crowd-Works.com may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service.
DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 Crowd-Works.com 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 Service.
LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Crowd-Works.com has no control over such sites and resources, you acknowledge and agree that Crowd-Works.com 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 Crowd-Works.com 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.
Crowd-Works.com'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("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 sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Crowd-Works.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Crowd-Works.com for use in accessing the Service.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Crowd-Works.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Crowd-Works.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Crowd-Works.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Crowd-Works.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 Crowd-Works.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
NOTICE Crowd-Works.com may provide you with notices, including those regarding changes to the TOS, by e-mail, or postings on the Service.
GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement between you and Crowd-Works.com and governs your use of the Service, superseding any prior agreements between you and Crowd-Works.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other Crowd-Works.com services. Waiver and Severability of Terms. The failure of Crowd-Works.com 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. 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 Service 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.