Terms & Conditions
Last Updated: August 23, 2021
CROWDED TECHNOLOGIES INC. ("WE", "OUR", "US" OR THE "COMPANY") WELCOMES YOU ("USER", "YOU" OR "YOUR") TO OUR WEBSITE AT WWW.CROWDED.ME (THE "WEBSITE"). THE FOLLOWING TERMS (THE "TERMS") STIPULATE THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE. THE WEBSITE IS PROVIDED SOLELY FOR YOUR OWN USE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO THE TERMS. YOUR USE OF THE WEBSITE IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE AND CONSENT WITH THE TERMS. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS YOU SHOULD IMMEDIATELY STOP USING THE WEBSITE.
1. REPRESENTATIONS & WARRANTIES
You hereby represent and warrant that: (i) you will access and use the Website in compliance with any and all applicable law(s), rules(s) and regulation(s) as well as the Terms; (ii) you have all consents, rights, and authority to provide and submit any and all information and content provided and submitted by you and all such information and content (a) are true, accurate, current and complete and we may rely on such information and content; (b) are not meant to harm us or any third party; (c) do not contain or include viruses or other harmful codes; and (d) do not violate the Terms, or any applicable law, rule or regulation.
2. USE RESTRICTIONS
The Website and the content available thereon are provided to you for information purposes. You may use the Website for your information purposes and for contacting us, but you may not (a) make available or use the information on the Website on any other platform or for the benefit of any third party; (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Website or the Content (as defined below) for any commercial purposes; (c) use any Website or Content (as defined below), to transmit any illegal, immoral, unlawful and/or unauthorized materials, or interfere with or violate users' rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent; (d) use the Website, to transmit or otherwise make available any malicious code, including any virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (e) interfere with or disrupt the integrity, performance or operation of the Website, or any part thereof, including any servers or networks provided by third party service providers; (f) attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Website; (g) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble the Website or the Content, or any material that is subject to our proprietary rights, including without limitation for non-internal or commercial purpose, and shall not simulate or derive any source code or algorithms from the Website; and (h) misrepresent or impersonate any person or entity, or falsely state your affiliation, or express, imply that we endorse you in any manner, or represent or distribute inaccurate information about the Website.
3 . CONTENT
"Content" means any information, data, text, photos, and graphics, in static or interactive feature, which is provided or otherwise made available to you through the Website. The Content is owned and/or licensed by the Company. You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon, the Content for any purpose and is at all times subject to the Terms.
4. PROPRIETARY RIGHTS
The Company retains sole and exclusive ownership of all rights, title, and interests in the Website, the Content, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Website, the Content and the technology related thereto. This provision shall survive termination and expiration of the Terms and shall remain in full force and effect thereafter.
5. THIRD-PARTY WEBSITES
The Website may contain links to websites or pages that are not maintained by Company. Links to third-party websites are provided for your convenience and information only. Third-party websites are not under the Company’s control and the Company is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. The inclusion of a link through the Website does not imply the Company’s endorsement of the third-party website or that the Company is affiliated with the third-party website's owners or sponsors.
You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, resources or advertisements, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. We recommend that you to be aware when you leave the Website and to read the terms and conditions and privacy notice of each other website that you visit.
6. Payment Processing
We are not responsible for any error by the Payment Processor. Any User wishing to activate any protection mechanisms offered by a Payment Processor should do so by contacting the Payment Processor directly.
You hereby warrant and represent the User engaging with us and the Payment Processor for the payment of any fees has the authority to enter into payment. You agree to provide such Payment Processor with accurate information regarding your credit card or other payment instruments. You will promptly update your account information with any changes in your payment information. You authorize the Company to electronically debit your account and, if necessary, electronically credit your account to correct erroneous debits.
Any taxes applicable to you with regard to transactions made in accordance with these Terms and according to applicable law will be borne by you exclusively. Unless otherwise stated, fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal, or foreign jurisdiction (collectively, "Taxes").
You are responsible for paying all Taxes associated with your transactions. If we have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against our income, property, and employees.
Please be advised that we do not directly process any payments, and shall have no liability for any failure to complete any transaction for any reason, including without limitation, due to expiry of Users’ payment method, fraud, etc.
By onboarding your Fraternity’s Chapter to Crowded.me you commit to paying fraternal dues and any other chapter-wide payments for which Crowded Technologies Ltd. has designated service offerings exclusively via our platform, unless otherwise agreed in writing prior to onboarding by the Company’s CEO, CBDO, CRO or other senior company officials.
7. COMPANY TRADEMARKS
Without derogating from the generality of the above, we own (or have valid authorizations or licenses required for) the Website, as well as the materials provided on this Website, including all worldwide intellectual property rights in the Website, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell, or otherwise use the Website or any content appearing on the Website. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Website. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of our company or any third party.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Website; (b) circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any 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 Website; or (d) harvest, collect or mine information about users of the Website.
8. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH UNDER THE TERMS, THE WEBSITE IS PROVIDED ON AN "AS IS", “AS AVAILABLE” AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUALITY OF SERVICE. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS, WILL BE FREE FROM VIRUSES OR THAT DATA AND CONTENT OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, OR CURRENT, OR THAT THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DATA STORED ON IT, IS SOLELY YOURS.
9. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR IMPROPER USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE WEBSITE IN WHOLE OR IN PART AT ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of the Terms by you; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Website; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Website shall be in compliance with all applicable laws, regulations and guidelines and shall not be intended to damage, disable, overload or impair the Website or the servers on which it is hosted.
11. CHANGES TO THE TERMS
The Terms may be subject to periodical revisions or amendments, from time to time, in our sole discretion. We encourage you to review the Terms regularly. The last revision will be reflected in the "Last Updated" heading.
Your continued use of our Website following any such amendments will be considered as your consent to the amended Terms. At all times, the latest version of the Terms shall be binding and prevail over any other version.
The Terms constitute the entire agreement between the parties concerning the subject matter hereof.
The Terms shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in Tel Aviv, Israel shall have exclusive jurisdiction over all disputes between the parties related to the Terms.
You may not assign or otherwise transfer by operation of law or otherwise the Terms or any right or obligation herein without the express written consent of the Company. The Company expressly reserves its right to assign or transfer the Terms and to delegate any of its obligations hereunder at its sole discretion.
If any part of the Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms.
The failure of the Company to act with respect to a breach of the Terms by you or others shall not constitute a waiver and shall not limit the Company's rights with respect to such breach or any subsequent breaches.