Effective as of September 26, 2011.
This Terms of Service Agreement («Agreement») is adopted to inform you of your rights and obligations when using the massolution’s and Crowdsourcing.org's eCommerce website («Website»), which is owned and operated by Crowdsourcing, LLC («Crowdsourcing»).
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT. YOUR USE OF THE WEBSITE CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MUST TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY.
Crowdsourcing reserves the right to amend, modify, replace, or discontinue this Agreement or the Website at any time and in its sole discretion. Crowdsourcing additionally reserves the right to limit or restrict your access to all or parts of the Website at any time and without notice or liability.
The Website is available only to individuals above the age of 18 that have the capacity to contract and are not prohibited from contracting due to mental incapacity or other disability. If you are under the age of 18 or lack the capacity to contract, you are expressly prohibited from using the Website.
You represent and warrant that you are not bound by or a party to any exclusive arrangement or agreement, whether contractual or otherwise, that would prohibit you from using the Website and its associated services.
Crowdsourcing hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for your personal and non-commercial use. You are expressly prohibited from reproducing, modifying, distributing, publishing, licensing, creating derivative works of, selling, publicly displaying, or publicly performing the Website outside of the uses expressly stated in this Agreement.
Ownership of Intellectual Property
The Website, including but not limited to any text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features, as well as its associated data and services, is the property of Crowdsourcing any may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse engineered, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Crowdsourcing. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with Crowdsourcing’s robots.txt file.
You acknowledge that Crowdsourcing owns all right, title, and interest in and to the Website and its associated content, including but not limited to all intellectual property rights. You are expressly prohibited from using Crowdsourcing’s intellectual property without prior written consent, including but not limited to trademarks, copyrights, patents, trade secrets, or confidential information.
You agree that you will not modify, alter, or remove any intellectual property notices, whether trademark, copyright, or otherwise, from the Website.Crowdsourcing as Interactive Computer Service
Crowdsourcing is a provider of the Website, which is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Consequently, Crowdsourcing will not be treated as the publisher or speaker of any tortious content posted to the Website. Crowdsourcing reserves the right to remove any content from the Website that it determines is offensive, unlawful, threatening, defamatory, obscene, or otherwise objectionable, which will be determined in Crowdsourcing’s sole and absolute discretion.
The Website may contain links to third party content and websites that are not owned or controlled by Crowdsourcing. You acknowledge and agree that Crowdsourcing is not responsible and cannot be held liable for third party content and websites.
Disclaimer of Warranties
CROWDSOURCING DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. CROWDSOURCING PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
CROWDSOURCING WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE WHETHER OR NOT THAT CONTENT IS TRANSMITTED THROUGH MEMBER ACCOUNTS. CROWDSOURCING DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A MEMBER ACCOUNT, OR ALTERATION THEREOF. CROWDSOURCING RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT CROWDSOURCING WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT CROWDSOURCING CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID FOR THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO CROWDSOURCING, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.
You agree to hold harmless, indemnify, and defend Crowdsourcing, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Crowdsourcing under the terms of this Agreement will not provide you with the right to control Crowdsourcing’s defense, and Crowdsourcing reserves the right to control its defense regardless of your contractual requirement to defend Crowdsourcing.
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. Crowdsourcing may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Resolution of Disputes
This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Crowdsourcing will be exclusively resolved through arbitration.
YOU AND CROWDSOURCING AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN DALLAS, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND CROWDSOURCING AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF TEXAS IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND CROWDSOURCING AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and Crowdsourcing will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Crowdsourcing inadvertently collects personally identifiable information, Crowdsourcing will delete the personally identifiable information in accordance with its security protocols.
CROWDSOURCING AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
All rights not expressly granted herein are reserved to Crowdsourcing.