Crowdfire Terms & Conditions
Your use of this web site, owned by CrowdFire, and various other web sites and web pages operated by CrowdFire or its affiliates (collectively, the "Site"), and the features at this Site are subject to these Terms and Conditions ("Terms") and our Privacy Notice, incorporated herein by this reference, which we may update from time to time. By using and/or visiting the Site (collectively, including all content and functionality available through the CrowdFire.net domain name in any medium), you signify your agreement to the Terms.
Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. CrowdFire may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that CrowdFire will have no liability to you if this Site is discontinued or your ability to access it is terminated. Your use of this Site may also be subject to additional terms, codes of conduct or guidelines, including without limitation, particular features or offers (for example, contests or chat areas), that may be outlined as additional terms on the Site (the "Additional Terms").
You are only authorized to use the Site, if you agree to abide by the Terms, the Additional Terms and all applicable local, national, and international laws and regulations. If you do not agree to be bound by these Terms and to follow all applicable laws, you should immediately discontinue all use of this Site.
CrowdFire Content - Use Limitations and Intellectual Property Rights
Content on this Site provided by CrowdFire or its licensors or contractors, including certain art work, graphics, photographs, images, screen shots, software, scripts, interactive features, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("CrowdFire Content") is the property of CrowdFire and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site, such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by CrowdFire subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
You agree not to download, display, copy, reproduce, distribute, transmit, broadcast, sell, license or otherwise exploit any CrowdFire Content or other users' Submitted Content (as defined below) located on the Site in any manner or media independent of the permitted streaming uses of such materials on the Site, including, without limitation, for any publications, in public performances, on websites other than this Site, or in connection with products or services that are not those of CrowdFire without the prior written consent of the respective owners (except that the foregoing does not apply to your own Submitted Content that you legally post on the Site). You further agree that you may not use any such CrowdFire Content or other users Submitted Content in a manner that is likely to cause confusion among consumers, that disparages or discredits CrowdFire and/or its licensors, that dilutes the strength of CrowdFire's or its licensor's property, or that otherwise infringes CrowdFire's or its licensor's intellectual property rights nor in no other way misuse any CrowdFire Content or Submitted Content that appears on this Site. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please see the Copyright Policy set forth below or click on the "Report This" link next to the content item and follow the instructions at that area. Users who believe that user-posted content includes infringing materials should also click on the "Report This" link while viewing the content.
No compensation will be paid with respect to the use of the Submitted Content on the Site.
Posting Submitted Content
On certain areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). Your posting of Submitted Content is subject to these Terms, including the following guidelines ("Submission Rules"), and any additional terms posted for a specific feature:- No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by CrowdFire. By way of example, illegal, infringing, abusive and/or otherwise prohibited content includes, but is not limited to, content that:
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- involves the transmission of surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- 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; and
- contains images, photographs or videos of another person that you have posted without that person's consent.
- No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of CrowdFire. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- No Commercial Use: You agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by CrowdFire or as embedded in the Submitted Content unless expressly authorized in writing by CrowdFire.
- Use of Account Information: You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
- Responsibility of Postings: You understand and acknowledge that Submitted Content is solely your responsibility, and that CrowdFire is not responsible for the information, data, text or other materials that may appear in Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of CrowdFire, and CrowdFire does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by CrowdFire prior to posting and CrowdFire makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.
- No Monitoring/Violation Notices: CrowdFire does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please email contactus@CrowdFire.net.
- User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the Site or features therein. CrowdFire may cancel your account and delete all Submitted Content associated with your account at any time, and without notice, if CrowdFire deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. CrowdFire assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
- No Confidentiality: The nature of this Site is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to CrowdFire may be used by CrowdFire anywhere, anytime, and for any reason whatsoever subject to the terms of the Submitted Content License described in Ownership of Posted Content and License Thereto, below.
Ownership of Posted Content and License Thereto
* Scope of License: By displaying, publishing, or otherwise posting any Submitted Content on or through the Site, you hereby grant to CrowdFire a limited, non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any manner or media now or hereafter known or devised, without the requirement to make payment to any third party or the need to seek any third party permission. This license includes CrowdFire's right to host, index, cache, distribute, and tag any Submitted Content and to allow users of the Site to access any Submitted Content in accordance with the Terms.
You also hereby grant each user of the Site a non-exclusive license to access your Submitted Content through the Site, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Site and under these Terms. The above licenses granted by you in Submitted Content terminate within a commercially reasonable time after you remove or delete your Submitted Content from the Site. You understand and agree, however, that CrowdFire may retain, but not display, distribute, or perform, server copies of Submitted Content that have been removed or deleted. The above licenses granted by you in Submitted Content are perpetual and irrevocable.
* Representations: You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have all necessary licenses, rights, consents and permissions to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on this Site.
* Indemnity: You agree to indemnify, defend and hold CrowdFire, its parents, subsidiaries, affiliates, officers, employees, members and website contractors and each of their officers, employees and agents harmless from any claims, demands, damages and expenses, including, without limitation, reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content or arising out of your use of or conduct on the Site. This indemnification obligation will survive the Terms and your use of the Site.
* Representations: You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have all necessary licenses, rights, consents and permissions to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on this Site.
* Indemnity: You agree to indemnify, defend and hold CrowdFire, its parents, subsidiaries, affiliates, officers, employees, members and website contractors and each of their officers, employees and agents harmless from any claims, demands, damages and expenses, including, without limitation, reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content or arising out of your use of or conduct on the Site. This indemnification obligation will survive the Terms and your use of the Site.
Copyright Policy
- Notice. If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submitted Content or other content infringes upon your rights, you may submit a notification by providing CrowdFire with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ;
- Identification of the right claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CrowdFire to locate the material;
- Information reasonably sufficient to permit CrowdFire to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of such rights or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CrowdFire's designated agent to receive notifications of claimed infringement is: [NAME] (Copyright Agent). For clarity, only infringement claim notices should go to the above address. You acknowledge that if you fail to comply with all of the requirements set forth herein, your notice may not be valid.
- Counter-Notice: If your Submitted Content was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, CrowdFire may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CrowdFire's sole discretion.
In accordance with the DMCA and other applicable law, CrowdFire will terminate the accounts of users who are deemed to be repeat infringers. CrowdFire may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
CrowdFire and the Community
CrowdFire and the Community work together to keep CrowdFire running and the Community safe. If you have concerns about CrowdFire or a user on CrowdFire, please contact the CrowdFire staff directly.
CrowdFire's Community Team works to ensure that the site is safe, accessible, and enjoyable to all of our members, partners, and sponsors. CrowdFire, at it sole discretion, may deactivate, suspend, or terminate our services and user accounts, prohibit access to areas or the entirety of the CrowdFire Site, remove content, and take other technical or legal steps to keep users off the Site if they are acting in a manner inconsistent with CrowdFire's Terms and/or Community Values.
CrowdFire reserves the right to disclose any information about you or your use of the Site, including its contents, without your prior permission if CrowdFire has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CrowdFire or its affiliated companies; (3) enforce the Terms; or (4) act to protect the interests of its members or others. CrowdFire's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Crowdfire's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Crowdfire with respect to such use.
You also agree that you will not:
- Infrastructure: Utilize any technology or take any action with the intent of overloading or disrupting the normal operation of the CrowdFire infrastructure;
- Permissions: Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your Submitted Content) from the Sites without the prior express written permission of CrowdFire and any other appropriate parties;
- Interference: Interfere or attempt to interfere with the proper working of the CrowdFire site (including security-related features), communication between users on the site, or any other activities conducted on the site, including the ranking of entries while judging, by any means, including the use of viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality of any the Site, any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; and
- Email Harvesting: Harvest or collect email addresses or other contact information of other users of the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You understand that when using the Site, you will be exposed to Submitted Content from a variety of sources, and that CrowdFire is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further understand and acknowledge that you may be exposed to Submitted Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CrowdFire with respect thereto, and agree to indemnify and hold CrowdFire, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Your Obligations When Ranking Content
At this Site you may be given the opportunity to review and rank Submitted Content. You are solely responsible for your rankings and reviews, which must adhere to these Terms, including the Submission Rules.
Privacy/Children
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 13 are not permitted to register for an account or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.
Third Party Websites
This Site may hyperlink to sites not owned, maintained and/or controlled by CrowdFire. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or CrowdFire, and CrowdFire makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and CrowdFire has no control over how your information is collected, used, or otherwise handled. By using the Site, you expressly relieve CrowdFire from any and all liability arising from your use of any third party site.
Representations and Limitations of Liability
CrowdFire makes no representations about the reliability of the features of this Site, the CrowdFire Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. CrowdFire makes no representations regarding the amount of time that any CrowdFire Content or Submitted Content will be preserved. CrowdFire does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by CrowdFire without the prior review and written approval of CrowdFire. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).
THIS SITE, INCLUDING WITHOUT LIMITATION, ANY SERVICES OFFERED THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. CROWDFIRE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. THE SITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. CROWDFIRE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CROWDFIRE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL CROWDFIRE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CROWDFIRE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES AND REGARDLESS OF WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CROWDFIRE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.. IN NO EVENT SHALL CROWDFIRE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. . IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICES.
Miscellaneous
Both you and CrowdFire acknowledge and agree that no partnership, joint venture, employment, or agency relationship exists between you and Crowdfire as a result of these Terms or use of the Site and neither of you nor CrowdFire has the power or the authority to obligate or bind the other.
This Agreement will be governed by and construed in accordance with the internal laws of the State of California without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for San Francisco, California and you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco, California, in all disputes arising out of or relating to the use of the Site or these Terms. These Terms operate to the fullest extent permissible by law.
If any provision of these Terms is unlawful, void or unenforceable, to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid, void or unenforceable provision will be deemed severable from these Terms superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms constitute a binding agreement between you and CrowdFire, and is accepted by you upon your use of the Site or your account. Unless otherwise specified herein, these Terms, together with those items made a part of these terms by reference, constitutes the entire agreement between you and CrowdFire regarding the use of the Site and your account and replaces any prior understandings, communications or agreements (whether electronic, oral or written) regarding the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
CrowdFire shall have the right at any time to (a) change the terms of these Terms, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms regularly to ensure familiarity with the most current version.
The failure of CrowdFire to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of CrowdFire, shall not be deemed a breach of these Terms. If CrowdFire fails to act with respect to your breach or anyone else's breach on any occasion, CrowdFire is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
The Site and any promotions contained thereon are void where prohibited.



