Welcome! Please read these Terms of Service (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the site, email@example.com (“CrowdSpy” or the “Service”). This Agreement governs your use of CrowdSpy and constitutes a legally-binding agreement between each user (“you,” “your,” “User”) and Mobscope, LLC (“we,” “us,” or “our”). If you have any questions about this Agreement please contact us at firstname.lastname@example.org.
CrowdSpy is an online platform for viewing locations. The Service aims at providing a glimpse of any particular location so you will be decide where to go.
Everything below this section constitutes a legally binding contract and we encourage you to read it. These are the main points, in plain English:
- CrowdSpy enables users to the inside of multiple venues.
- CrowdSpy enables users to stay anonymous. It doesn’t mean that you are anonymous to us while using the Service.
- You cannot use CrowdSpy to commit any wrongful or unlawful acts in any jurisdiction.
- By agreeing to these Terms of Service, you agree to submit to arbitration any dispute with us arising from this Agreement or your use of the Service on an individual basis: arbitration means that you will not have the right a jury trial.
ACCEPTANCE OF THIS AGREEMENT
Please note that we reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our website at www.crowdspy.io and we will do our best to give you notice of any such changes. If you do not agree to any modifications to this Agreement, you should stop using the Service.
By using the Service you affirm that you are over eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You further agree to abide by and comply with this Agreement and not transfer your CrowdSpy account. In addition, you affirm that: (i) you have not been previously suspended or removed from the Service; (ii) the information you provide to us is accurate and complete; (iii) you will keep your access to the Service secure; and (iv) you will notify us of any suspected breach of security or unauthorized use of your account.
You are solely responsible for all activities that occur through your use or under your account and are obligated to take full responsibility for your own use of CrowdSpy and of any third party use of your account information. We are not responsible, and will not be liable for, any losses, damages, or causes of action arising from your failure to protect and safeguard your account. Moreover, you cannot transfer your CrowdSpy account or any rights to your CrowdSpy access.
The graphic elements, design elements, presentations, logos, layout, and source code of the Service are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.
COMMUNICATIONS BETWEEN USERS
Like many online services, CrowdSpy contains interactive features and areas that allow users to post, transmit, or store text or other materials (collectively, “User Content”). The User Content you submit, share, post, or display may be seen by other users of the Service.
When interacting with other users, you should exercise caution and common sense to protect your personal safety, just as you would when interacting with other persons that you don’t know.
If you post User Content to CrowdSpy, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service, you acknowledge that you are entirely responsible for the User Content and any consequences resulting from the posting of this content. We do not verify or approve any posted User Content, and material in the form of opinions are not our opinions. You should only provide User Content that you have the right to share and are comfortable sharing with others under this Agreement and agree not to upload, post, or otherwise transmit any User Content to or through the Site that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person; or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or CrowdSpy rule or policy. If you violate, or are suspected of violating these terms, we reserve the right to remove any and all of your User Content from the Service.
NON-EXCLUSIVE LICENSE TO USE THE SERVICE
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Service during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):
- Sublicense, distribute, or use the Service outside the scope of the license granted in this Agreement;
- Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Service or otherwise attempt to discover any source code or trade secrets related to the Service;
- Rent, lease, sell, assign, or otherwise transfer rights in or to the Service;
- Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Service;
- Use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or exploit any copyright or other proprietary rights associated with the Service, including screenshots and transcripts, in any way, unless we provide our express written consent;
- Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with Here Technology, LLC or the Service; and
- Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with the Service.
Any use of the Service other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use CrowdSpy granted in this Agreement.
CrowdSpy is provided only for your own personal use. You are responsible for all of your activity in connection with the Service. As a condition of your use of the Service, you agree to comply with all U.S. and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree not to:
Activities that Would Harm CrowdSpy
- Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on CrowdSpy’s infrastructure;
- Interfere or attempt to interfere with the proper working of CrowdSpy or any activities conducted using the Service;
- Introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Service that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of CrowdSpy;
- Circumvent any security-related features of the Service, including those designed to limit copying or reproduction;
- Build, or authorizing another party to build, a competitive product to the Service;
- Recruit or otherwise solicit any user of the Service to join third-party services or websites that are competitive to CrowdSpy, without our prior written approval;
- Bypass any measures we may use to prevent or restrict access to CrowdSpy (or other accounts, computer systems, or networks connected to the Service);
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
- Directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of CrowdSpy, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of CrowdSpy; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Activities that Would Harm Users
- Impersonate any person or entity, including any of our employees or representatives;
- Engage in any harassing, intimidating, or predatory behavior, or stalk any other user of CrowdSpy.
Activities that Would Violate Law or Third-Party Rights
- Violate any applicable local, state, national, and international laws or regulations;
- Upload any content that violates the rights of any third parties, including, but not limited to, copyright, trademark, statutory, and other proprietary rights; and
- Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement;
- Upload any unsavory content, including but not limited to photos that are unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense;
- Upload any pictures intended to fraudulently induce a transfer of CrowdSpy, including but not limited to by posting a photo intended to deceive a party into believing you cleaned an area you did not.
CANCELLATION AND TERMINATION
Our Right to Terminate Account
We may terminate your account or otherwise prevent you from using the Service at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.
If we terminate your account or otherwise prevent you from using the Service, you must immediately stop using the Service and you agree not to attempt to regain access to the Service without our express permission. Such termination will result in the suspension or deletion of your account and access to your account.
User’s Right to Terminate Account
If you wish to terminate your account with CrowdSpy or stop using the Service, please delete the app from your mobile device, or contact us email@example.com. In the event of termination of your account or deletion of the app from your mobile device, the provisions of this Agreement shall remain in effect.
Our Right to Block Access to the Service
We further reserve the right to block access to the Service to anyone for any reason at any time. In the event of termination of your account or deletion of the app from your mobile device, the provisions of this Agreement shall remain in effect.
THIRD-PARTY SERVICES AND CONTENT
In order to operate CrowdSpy, we utilize various third-party services and websites, such as Mapbox and Twilio (“Third-Party Services”). We have no control over these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third-Party Service through CrowdSpy are solely responsible for complying with the terms and policies of these third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. And, we retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.
DISCLAIMER AND RELEASE
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “MOBSCOPE, LLC PARTIES”) DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SERVICE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICE AND ANY THIRD-PARTY SOFTWARE ON THE SERVICE IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY USERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US. BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS.
WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS, OR OTHER THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE MOBSCOPE,LLC. PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF THE SERVICE, EXCEED THE AMOUNTS OF THE DAMAGES YOU SUFFERED IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $100.00 WHATEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
Electronic communications executed through CrowdSpy may not be encrypted. You acknowledge that there is a risk that data or other information that you provide to us while using CrowdSpy may be accessed by unauthorized third parties.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the CrowdSpy Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; or (iv) your violation of any law, rule or regulation, or the rights of any third party; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
We reserve 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.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing CrowdSpy in an unauthorized manner. You acknowledge that under this Agreement by using the Service you are deemed to have received any and all notices that would have been delivered had you accessed CrowdSpy in an authorized manner.
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
CHOICE OF LAW
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
ARBITRATION AND WAIVER OF CLASS ACTION
You agree to arbitrate any dispute with us arising from this Agreement or your use of the Service on an individual basis. That means that you cannot sue us in court or have a trial by jury. You further agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.
At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND HERE TECHNOLOGY, LLC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
NOTE TO INTERNATIONAL USERS
CrowdSpy is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from U.S. laws, please be advised that through your continued use of the Service, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
QUESTIONS AND COMMENTS
We welcome comments, questions, concerns, or suggestions. Please contact us at: firstname.lastname@example.org.
EFFECTIVE DATE: December 27, 2015