Self-Service Terms of Service
By using CrowdFlower.com or any services (collectively, the “Service”) of CrowdFlower, Inc. (“CrowdFlower”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
CrowdFlower reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:
http://crowdflower.com/general/terms_of_service.html
Violation of any of the terms below may result in the termination of your account. While CrowdFlower prohibits certain conduct and content on the Service, you understand and agree that CrowdFlower cannot be responsible for the content posted on the Service and that you nonetheless may be exposed to such prohibited materials. You agree to use the Service at your own risk.
Account Terms
You agree to the following basic terms and conditions:
- You must be 13 years or older to use the Service.
- You may not register accounts with unauthorized automated methods ("bots").
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may be used by multiple people. CrowdFlower is not responsible for the activity of users on your account.
- You are responsible for maintaining the security of your account and password. CrowdFlower cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not, in your use of the Service, collect personally identifiable information from any individual. Personally identifiable information is any information that could be used to identify an individual, such as first and last name, email address, phone number, physical address, social security number or any other information that alone, or in combination with other information, can be used to identify an individual. CrowdFlower is not responsible for the secure transmission or storage of any personally identifiable information provided by any individual in connection with your use of the Service.
API Terms
Customers may access their CrowdFlower account data via the following CrowdFlower application program interfaces: (a) Channel API; and/or (b) Customer API (collectively, “API”).
Any use of an API, including use of an API through a third-party product that accesses CrowdFlower, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that CrowdFlower shall not be liable 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 CrowdFlower has been advised of the possibility of such damages), resulting from your use of an API or third-party products that access data via an API.
- Abuse or excessively frequent requests to CrowdFlower via an API may result in the temporary or permanent suspension of your account’s access to the API. CrowdFlower, in its sole discretion, will determine abuse or excessive usage of the API. CrowdFlower will make a reasonable attempt via email to warn the account owner prior to suspension.
- CrowdFlower reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card or an advance deposit is required for paying all accounts.
- Accounts are not required to provide a credit card number or lodge an advance payment until calibrating and running the account’s first job.
- All fees for each job you place through the Service are charged to your credit card or deducted from your advance deposit prior to running the job and are non-refundable.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes levied on CrowdFlower’s net income.
- You can request a refund of any CrowdFlower Credit balance in your User Account in the first sixty (60) days after a payment has been sent (as required by PayPal). No refunds shall be given for any CrowdFlower Credit balance from purchases that are (a) more than 60 days old; (b) paid for and allocated to your User Account by a CrowdFlower Administrator; or (c) not directly acquired online from CrowdFlower (e.g., vouchers or coupons).
- If you believe that CrowdFlower has charged you in error, you must contact CrowdFlower within 60 days of such charge. No refunds will be given for any charges that are more than 60 days old.
Cancellation and Termination
CrowdFlower, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CrowdFlower service, for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your account or your access to your Account, and the forfeiture and relinquishment of all content in your account. CrowdFlower reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- CrowdFlower reserves the right at any time and from time to time to modify or to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices for all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CrowdFlower Site (www.CrowdFlower.com) or the Service itself.
- CrowdFlower shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
User Content Rights
You retain ownership rights to content that you contribute to the Service (“User Content”). By making available any User Content through the Service, you hereby grant to CrowdFlower a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use your User Content solely for the purposes of operating, maintaining, evaluating and improving the Service. CrowdFlower will not distribute the User Content to any third party, except as necessary for the operation, maintenance, evaluation and improvement of the Service. You also grant each user of the Service the right to access, display, view, and share your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. You acknowledge that CrowdFlower has no obligation to pre-screen content contributed to the Service. However, CrowdFlower has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any content, including your User Content that is available via the Service.
Digital Millennium Copyright Act Notice
1) You agree not to in any way contribute to the Service any copyrightable content or other proprietary information without first having obtained prior consent of the owner of the rights to such content and/or information. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify CrowdFlower’s copyright agent, listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). 2) For your complaint to be valid under the DMCA, you must provide the following information in writing: a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work that you claim is being infringed; c) Identification of the material that is claimed to be infringing and where it is located on the Service; d) Information reasonably sufficient to permit CrowdFlower to contact you, such as your address, telephone number, and e-mail address; e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
CrowdFlower’s designated copyright agent to receive notifications of claimed infringement can be reached as follows:
By mail: Copyright Agent CrowdFlower, Inc. 2111 Mission Street, Suite 302 San Francisco, CA 94110 By email: infoatcrowdflower.com
CrowdFlower Proprietary Rights
CrowdFlower owns all right, title and interest in and to the Service and API and all associated intellectual property rights, including but not limited to the look and feel, design, artwork, functionality, and documentation. Unless with the prior express written permission of CrowdFlower, you may not copy, modify, adapt, reuse, sell, resell, exploit, hack or reverse engineer any part of the Service or API or modify another website so as to imply that it is associated with the Service, CrowdFlower or any other CrowdFlower service. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or API.
Indemnification
You agree to indemnify and hold CrowdFlower, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your User Content, your use of the Service, your violation of the Terms of Service, your breach of any of the representations, warranties and covenants herein, or your violation of any rights of another.
Warranty Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR OWN SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. CROWDFLOWER DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC 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 SERVICE WILL BE CORRECTED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CROWDFLOWER SHALL NOT BE LIABLE 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 CROWDFLOWER 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; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
Miscellaneous Terms
1) Technical support is only provided to paying account holders and is available via email and by phone. 2) You understand that CrowdFlower may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. 3) We may, but have no obligation to, remove Content and accounts containing content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 4) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CrowdFlower customer, employee, agent, member, or officer will result in immediate account termination. 5) You understand that the technical processing and transmission of the Service, including your User Content, may be transferred unencrypted and involve; a) (a) transmissions over various networks; and b) (b) changes to conform and adapt to technical requirements of connecting networks or devices. 6) You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. 7) You must not transmit any worms or viruses or any code of a destructive nature. 8) If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by CrowdFlower) of other CrowdFlower customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. 9) The failure of CrowdFlower to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CrowdFlower and govern your use of the Service, superseding any prior agreements between you and CrowdFlower (including, but not limited to, any prior versions of the Terms of Service). 10) If any provision of this Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. 11) All questions you may have about the Terms of Service should be sent to info@crowdflower.com .
