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CrowdCover
Hosts & Brands Terms of Use
Last updated: December 1, 2024
TABLE OF CONTENTS
- ACCEPTANCE OF TERMS OF USE & INTRODUCTION
- CHANGES TO THE TERMS OF USE
- ACCESSING OUR SERVICES
- USE OF THE SERVICES
- RELATIONSHIP OF PARTIES- INDEPENDENT CONTRACTORS
- PROHIBITED USES
- USER CONTRIBUTIONS
- PRIVACY AND ACCOUNT SECURITY
- THIRD PARTY CONTENT, PROMOTIONS, AND ADVERTISERS
- INTELLECTUAL PROPERTY RIGHTS
- TRADEMARKS
- MONITORING, ENFORCEMENT AND TERMINATION
- COPYRIGHT INFRINGEMENT-TAKEDOWNS AND DMCA
- RELIANCE ON INFORMATION POSTED
- INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE OR APP
- LINKING TO THE WEBSITE OR APP
- LINKS FROM THE WEBSITE OR APP
- GEOGRAPHIC RESTRICTIONS
- DISCLAIMER OF WARRANTIES
- LIMITATION ON LIABILITY
- EXPORT CONTROL
- CONSENT TO RECEIVE TEXT MESSAGES
- INDEMNIFICATION
- GOVERNING LAW AND JURISDICTION/VENUE
- ARBITRATION
- WAIVER AND SEVERABILITY
- ENTIRE AGREEMENT
- YOUR COMMENTS AND CONCERNS
1. Acceptance of the Terms Of Use & Introduction
The terms and conditions set forth herein (the “Agreement”) constitute the full and complete Terms between you (“You” or “Your”) and CrowdCover Inc. (“CrowdCover,” “We,” “Our,” or “Us”). This Agreement governs your use of CrowdCover’s services, including the CrowdCover website (“Site”), mobile application (“App”), and any other products or services provided by CrowdCover (collectively, the “Platform”) to Hosts & Brands. Your agreement to be bound by these terms of use (“Terms”) and our Privacy Policy is expressly acknowledged when you create an account, access, or otherwise use the Platform, as a registered Host or Brand user (“User”).
The CrowdCover Host & Brand Terms enables you to participate in CrowdCover’s services to earn revenue and engage in collaborations exclusively facilitated through the Platform. This Agreement contains the terms and conditions that govern your use of the Platform as a Host or Brand, as applicable. By accepting the Terms and continuing to use the Platform, you agree that these Terms govern your participation. CrowdCover reserves the right to determine your eligibility to access or participate in any of its services and features at its sole discretion.
Our Website and the App are offered and available to users who are of legal gambling/gaming age and physically located in legal jurisdictions determined by federal and local laws. By using this Website or our App, you represent and warrant that you are of legal age and in legal location to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or App. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. CrowdCover will alert the correct sportsbook or DFS operator to any illegal activity. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
These Terms supersede and replace any prior agreements, negotiations, or representations between You and CrowdCover, whether oral, written, or otherwise, including statements made by any CrowdCover representative. If You do not agree to these Terms, do not access, register for, or use the Platform. By using the Platform on behalf of an organization or entity (“Subscribing Organization”), You represent and warrant that You are authorized to bind such organization to this Agreement, and that Your continued use confirms Your acceptance on behalf of both Yourself and the Subscribing Organization.
PLEASE READ THESE TERMS CAREFULLY. THIS IS A LEGALLY BINDING CONTRACT.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. It is your responsibility to regularly check these Terms of Use to see if anything has changed.
Your continued use of the Website or App following the posting of any revised or updated Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend any of our Services or material we provide on the Website or App, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website or App are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, or to users, including registered users.
3. Accessing our Services
To access the Website or App or some of the services either one offers, you may be asked to provide certain registration details or other information. It is a condition of these Terms of Use that all the information you provide on the Website or the App is correct, current and complete. You agree that all information you provide to register to use our Services, including, but not limited to, through the use of any interactive features on our App or Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Children under the age of 21 are not allowed to create an account or use our Services, and all areas for Hosts & Brands on our Website or App require you to be twenty-one (21) years of age or older. Additionally, you must be over the age required by the local laws of your country to use our Services.
You are responsible for ensuring that the information provided in your CrowdCover application and associated with your account—including, but not limited to your email address, legal identification, physical address, other contact details, and identification of your Platform account—is complete, accurate, and kept up to date at all times. To participate in the Platform’s services and receive any earnings or benefits (“Program Fees”), you must comply with the terms of this Agreement and the Platform’s Terms of Service, both of which may be updated periodically. Please review them carefully.
Additionally, you must promptly provide any information or documentation that CrowdCover requests to verify your compliance with this Agreement. Failure to comply may result in actions at CrowdCover’s sole discretion, including but not limited to the following: suspension of access to certain Platform features, withholding of Program Fees to the extent permitted by law, termination of this Agreement, or suspension of your account.
All Brands must be legally registered entities in the United States and Brands must provide any and all applicable legal documents that CrowdCover reserves the right to request to protect its Services and its Users.
You agree not to, and will not encourage others to, engage in fraudulent or deceptive activities, including generating false views, clicks, or interactions with any content or advertisements on the Platform. Both you and CrowdCover agree to comply with all applicable export laws.
In addition, if we have previously disabled your account for any violations of our Terms of Use, Privacy Policy, or Community Rules you may not use our Services.
4. Use of the Services
CrowdCover provides a platform designed to connect Hosts and Brands for collaborative promotional opportunities. Through its proprietary services, CrowdCover facilitates introductions and potential partnerships by allowing Brands and Hosts to discover, connect, and engage with each other. These connections are made exclusively within the CrowdCover platform, ensuring all communication, transactions, and collaborations occur in a centralized, controlled environment. External communications or agreements outside of the platform are strictly prohibited.
If you choose, or are provided with or asked to create a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any account or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
4.1 Information Sharing and Introductions
CrowdCover does not share user email addresses directly with other users, though accidental sharing may occur. However, information such as user profiles, including names, social media usernames, and other public details, will be published on the platform to facilitate matching and visibility. Hosts and Brands can view this information to determine potential collaborations.
Introductions between Brands and Hosts are facilitated entirely within the CrowdCover platform. Upon discovering a potential match, both parties can review the other’s profile and initiate communication using the platform’s messaging tools. CrowdCover requires all subsequent communications, transactions, and negotiations to remain on the platform. This ensures a secure and seamless experience for all users.
4.2. Brand Participation and Visibility
Brands and Hosts completing the onboarding questionnaire consent to having the provided information featured within the CrowdCover system to increase visibility and attract potential Hosts and Brands. While all responses are used to optimize matching, inclusion in prominent features or curated recommendations on the platform is determined at CrowdCover’s sole discretion and is not guaranteed.
5. Relationship Of Parties- Independent Contractor
These Terms of Use establish that Hosts and Brands act as independent contractors and not as employees, agents, or legal representatives of the Company. Nothing in these Terms of Use shall create or be deemed to create a partnership, joint venture, agency, or employment relationship between the Company and any Host or Brand. Hosts and Brands shall not have the authority to act on behalf of or bind the Company in any manner and agree not to hold themselves out as having such authority.
The Company grants Hosts and Brands a non-exclusive, revocable, and limited license to use the Company’s logos, trademarks, and name solely to promote their authorized activities in connection with the Company, in compliance with any applicable guidelines. This license does not imply any employment or agency relationship and may be terminated at the Company’s sole discretion.
CrowdCover’s limited role as a platform and service provider CrowdCover is not a party to any agreement between Hosts and Brands and does not conduct thorough background checks on Users. CrowdCover merely provides a platform for interactions and is not liable for the actions, omissions, or disputes between Users.
As a Service, and independent of Brands and Hosts, CrowdCover Service Fees will be limited to strictly transaction based fees for all financial exchanges facilitated through the platform. CrowdCover reserves the right to change and update these fees without prior notice and will update its platform and/or communicate to Brands and Hosts directly to accurately reflect the current fees. These fees are non-refundable.
Hosts and Brands are solely responsible for their operations, compliance with applicable laws, and all associated liabilities, including tax obligations, licenses, permits, and insurance. The Company will not provide employee benefits or withhold taxes for Hosts or Brands. All costs and liabilities related to their activities remain the sole responsibility of the Hosts and Brands.
6. Prohibited Uses
You may use the Website or App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or App:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Community Rules incorporated into these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm the Company or users of the Website or App, or expose them to liability.
- Stream any game from your TV, computer, or any other device to your audience. This is strictly prohibited and will cause immediate termination of your live streaming room, possible suspension and/or termination of your account, and CrowdCover complying with relevant authorities in your illegal behavior.
Additionally, you agree not to:
- Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
- Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
- Access, search, or collect data from the Services (automated or otherwise) except as permitted in these Terms. This includes probing, scanning or testing the vulnerability of any of our systems, or network, or breach, or circumvent any security or authentication measures.
- Use any manual process to monitor or copy any of the material on the Website or App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website or App.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer or database connected to the Website or App.
- Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website or App.
7. Your Content
You will act as the executive producer and are solely responsible for all User Content you create within the CrowdCover platform. Your live streaming rooms, account, and activities on the CrowdCover platform are collectively referred to as your “CrowdCover Channel.” Subject to compliance with this Agreement and the Terms of Service, you retain full discretion over the following:
(a) The User Content to produce and program for your CrowdCover Channel, including the frequency and quantity of user content or programmed for your CrowdCover Channel;
(b) The responsible gaming messages that are provided and mandated by CrowdCover are not optional and if you, at your sole discretion decide to not partake in the responsible gaming messages and/or further promote destructive behavior for yourself and your audience, at CrowdCover’s discretion, we may end your live streaming room immediately, suspend, and/or terminate your account without notice;
(c) Any additional User Content you choose to include on the CrowdCover platform; and
(d) Ensuring access to and functionality of any equipment required to create your User Content.
CrowdCover is designed to support live-streaming services. To maintain alignment with the platform’s objectives, you are expected to engage with your audience using interactive tools such as chat or other live communication features provided by the platform.
You are responsible for obtaining and maintaining all necessary rights, consents, approvals, permits, and licenses related to the use, reproduction, broadcasting, streaming, distribution, performance, and display (public or otherwise) of your User Content. CrowdCover assumes no liability for any User Content that violates applicable laws or rights.
If your User Content is found to violate the Terms of Service or any applicable law, you must immediately remove the infringing content from your CrowdCover Live Stream. Failure to comply may result in suspension or termination of your account, as detailed in this Agreement.
8. Privacy and Account Security
To use our Services, you are required to create a CrowdCover Account and provide us with your name, username, date of birth, email, mobile phone number, and password; the required information may change and it is up to the discretion of CrowdCover to change without notice. You are solely responsible for the Account information which includes safeguarding it and anything that happens related to your Account. We recommend you use a strong password and must immediately notify CrowdCover if you discover or suspect that your Account has been accessed without your permission.
We cannot be liable for any loss or damages that arise from your failure to comply with the above and our Privacy Policy.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
9. Third Party Content, Promotions, and Advertisers
Our Services may contain links to third-party websites, products, or services which may be posted by Brands, advertisers, our partners, other users, or CrowdCover. The Third-Party content is not under our control and we are not responsible for any third-party’s websites, products, or services. It is at your own risk, and you should do your due-diligence before proceeding with any actions with any such third-party content. If you do come across any third-party on our Services, while we hold no responsibility for the third-party content, we may oblige by your request to research such third-party content.
If any third-party content contains a sweepstakes, contest, or promotion, you alone are responsible for your actions in following applicable laws and regulations.
If you are providing third-party content to our Services, then you are alone responsible for following any applicable laws and regulations. Users, including brands, are strictly prohibited from falsifying information or advertising under false pretenses, such as claiming endorsements, certifications, or approvals they do not have. Additionally, your content must state it is not promoted, sponsored by, endorsed, or associated with CrowdCover. If any users choose to participate, their participations are required to release CrowdCover from any liability relating to your sweepstakes, promotion, or contest.
10. Intellectual Property Rights
Our Website and App and all of their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website or App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website or App for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from our Website or App.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Website or App.
If you wish to make any use of material on the Website or App other than that set out in this section, please address your request it at team@crowdcover.live.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms of Use, your right to use the Website or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or App or any content on the Website or App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
11. Trademarks
The Company name, the terms “CrowdCover” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. As stated above, You must not use such marks varying from the Purpose of this Agreement without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You, alone, are responsible for following proper laws, rules, and procedures of other social platforms and local, state, and federal laws for utilizing CrowdCover’s and Brands’ and Hosts’ trademarks and assets. Including but not limited to the disclosure of any such paid partnerships and sponsorships as enforced by the FTC.
12. Monitoring and Enforcement; Termination
We have the right to:
- Terminate your CrowdCover live streaming room if the live streaming room has 10 concurrent users or less, as the platform is designed to foster interactive experiences rather than solely for recording or redistribution to other platforms.
- Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or App or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
- Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You may end your legal agreement with our Terms (and CrowdCover) by deleting your account and discontinuing your use and access of our Services.
To delete your account, please go to your profile page and click the settings icon in the top right. In the side menu that appears, you must click “delete your account.” You will be then asked to re-input your password to confirm your identity.
We may terminate or suspend your account and ability to access our Services at any time or for no reason, including violating these Terms, our Privacy Policy, or Community Rules. If you or we terminate your account, there are certain rights and obligations that will continue to survive the end of your use of our Services, including but not limited to any and all rights pertaining to your violation of any of these Terms of Use, or our Privacy Policy.
13. Copyright Infringement-Takedowns, Simulcasting, & DMCA
13.1 Simulcasting
It is strictly prohibited to simulcast any games or content on the CrowdCover Platform during your or any live streaming room. Simulcasting refers to broadcasting or streaming the same content simultaneously on another platform, website, or service while hosting a live room on CrowdCover and includes all streaming platforms that are both free and subscription based. This prohibition ensures the integrity and exclusivity of the interactive experience intended for CrowdCover users.
CrowdCover retains sole discretion to determine whether a violation of the Terms has occurred and what actions to take. Such actions may include termination of accounts, removal of content, and reporting violations to law enforcement or other authorities. CrowdCover’s decisions are final and binding
Violation of this policy may result in immediate suspension or termination of your account, removal of the live streaming room, and other actions deemed appropriate by CrowdCover. Additionally, CrowdCover reserves the right to pursue further legal or contractual remedies against users found to be in violation of this prohibition.
13.2 DMCA
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Copyright Agent
CrowdCover Inc.
2598 E Sunrise Blvd, Suite 2104
Ft. Lauderdale, FL 33304
team@crowdcover.live
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is the policy of the Company to terminate the user accounts of repeat infringers.
14. Reliance on Information Posted
The information presented on or through the Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or App, or by anyone who may be informed of any of its contents.
Our Website or App may also include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
15. Information About You and Your Visits to the Website or App
All information we collect on this Website is subject to our Privacy Policy. By using the Website or App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
16. Linking to the Website or App and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. Additionally, our Website or App may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website or App other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The Website or App from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
17. Links from the Website or App
If the Website or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
18. Geographic Restrictions
The owner of the Website and App is based in the State of Delaware in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CROWDCOVER DOES NOT GUARANTEE UNINTERRUPTED ACCESS TO THE PLATFORM OR ITS SERVICES. USERS ACKNOWLEDGE THAT OUTAGES, BUGS, OR TECHNICAL DIFFICULTIES MAY OCCUR, AND CROWDCOVER IS NOT LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM SUCH DISRUPTIONS.
THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF LIVE STATISTICS OR LIVE ODDS FEEDS DISPLAYED ON THE APP. USERS ACKNOWLEDGE AND AGREE THAT ANY DECISIONS MADE BASED ON SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO DECISIONS TO PLACE BETS OR WAGERS, ARE MADE AT THEIR OWN RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF RELIANCE ON SUCH INFORMATION.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The Company facilitates payments between Brands and Hosts as an intermediary. In the event that a Brand fails to make payment or defaults on its payment obligations, the Company shall not be liable to the Host for any unpaid amounts. The Company’s role is limited to deducting its applicable revenue share from payments made by Brands and disbursing the remaining amounts to Hosts. Hosts acknowledge that the Company is not a guarantor of payment from Brands and shall not compensate for any shortfalls, delays, or non-payments caused by Brands. CrowdCover acts only as a payment facilitator and does not guarantee payments by Brands to Hosts. Any payment disputes are solely between the Host and the Brand, and CrowdCover has no obligation to mediate or resolve such disputes.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Export Control
Software and other materials downloaded or otherwise made available from the Service may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Service may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
22. Consent to Receive Text Messages
22.1 CrowdCover Texts To Brands & Hosts
By using the Service, you agree that CrowdCover may contact you via text messages regarding the provision of the Services described in these Terms of Use. This may include, but is not limited to, updates about payments, reminders about upcoming live rooms, notifications about technical issues, or other service-related communications. Standard text messaging rates may apply to these communications if your plan does not allow for unlimited text messages. You may opt out of receiving such text messages at any time by following the opt-out instructions provided in the text message or contacting CrowdCover support.
22.2 Text To Non-Brand & Host Users
The Service provides functionality that allows you to invite your friends to download the CrowdCover App and join your or any streaming room. In order to do so, you must affirmatively select the friends you would like to invite to join the CrowdCover community. You must provide the telephone number associated with your friends’ wireless device(s) in order to invite them to join CrowdCover. You can either manually provide the number during the invitation process or select from your contacts the individuals you would like to invite. The friends you invite will receive an active link from us that when selected will allow your friends to download the CrowdCover App. You acknowledge that you understand that when you send invitational text messages to your friends to invite them to join the CrowdCover community you are considered the sender of the text message under relevant law. YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM YOU INCLUDING THE INVITATIONAL TEXT MESSAGE YOU ELECT TO SEND INVITING YOUR FRIENDS TO DOWNLOAD THE CrowdCover APP.
There are no fees charged by us to use the Service. However, text messages sent and received by you, or by us on behalf of you, may be subject to standard text messaging rates if you or the recipient does not have a plan allowing for unlimited text messages from your mobile wireless carrier. Such fees could apply both to sending and receiving text messages. Please contact your underlying carrier to determine whether there are fees associated with text messages as part of your plan and for information as to the cost for such text messages if you have any questions.
23. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or our App.
24. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, our Privacy Policy, the Website or our App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Fort Lauderdale and County of Broward. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
25. Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use, our Privacy Policy, or your use of the Website or our App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. All disputes must be resolved on an individual basis. Users waive the right to participate in class actions, collective actions, or other representative proceedings.
26. Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
27. Entire Agreement
These Terms of Use, our Privacy Policy, and Community Rules constitute the sole and entire agreement between you and CrowdCover Inc. with respect to your use of our Website and App and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Website and the App.
28. Your Comments and Concerns
This website is operated by CrowdCover Inc., which has its principal place of business at CrowdCover Inc., 2598 E Sunrise Blvd., Suite 2104, Ft. Lauderdale, FL 33304.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: team@crowdcover.live