1. Welcome to CROWDSURFR
2. About Creating an Account.
To use some of CROWDSURFR’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to firstname.lastname@example.org
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
3. Things You Definitely Shouldn’t Do
We expect all users of CROWDSURFR to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
• Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
• Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
• Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
• Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
• Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to CROWDSURFR or another party).
• Don’t abuse other users’ personal information. When you use CROWDSURFR you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in the CROWDSURFR network: don’t use it for other purposes, and don’t abuse it.
• Don’t try to interfere with the proper workings of the Services.
• Don’t bypass any measures we’ve put in place to secure the Services.
• Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to CROWDSURFR or another party.
• Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
• Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
• Don’t take apart or reverse engineer any aspect of CROWDSURFR in an effort to access things like source code, underlying ideas, or algorithms.
4. Stuff We Don’t Do and Aren’t Responsible For
CROWDSURFR isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of shows, and we don’t endorse any content users submit to the Site. When you use the Services, you release CROWDSURFR from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
5. Other Websites
CROWDSURFR may contain links to other websites. (For instance, band pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
6. Your Intellectual Property
CROWDSURFR doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. If you submit a project for review, or launch a project, you agree to these terms:
• We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
• When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
• You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant CROWDSURFR all the license rights outlined here).
• Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on CROWDSURFR’s hosting of that Content.
• You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If CROWDSURFR or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
• We’re not responsible for mistakes in your content. CROWDSURFR will not be liable for any errors or omissions in any content.
7. CROWDSURFR’s Intellectual Property
CROWDSURFR’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
CROWDSURFR grants you a license to reproduce content from the Services for personal use only. This license covers both CROWDSURFR’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from CROWDSURFR or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
8. Deleting Your Account
You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. You can contact us at email@example.com for additional information or to request project page deletion (this is not available in all circumstances).
9. Our Rights
CROWDSURFR reserves these rights:
• We can make changes to the CRWDSURFR Site and Services without notice or liability.
• We have the right to decide who’s eligible to use CROWDSURFR. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use CROWDSURFR in that jurisdiction.
• We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
CROWDSURFR is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
10. Warranty Disclaimer
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
CROWDSURFR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CROWDSURFR SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of CROWDSURFR. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
12. Limitation of Liability
To the fullest extent permitted by law, in no event will CROWDSURFR, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall CROWDSURFR’s liability for direct damages be in excess of (in the aggregate) one hundred Danish Kroners (DKK 100.00).
13. Dispute Resolution and Governing Law
We at CROWDSURFR encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Denmark, without giving effect to any principles of conflicts of law. You agree that CROWDSURFR and its Services are deemed a passive website that does not give rise to jurisdiction over CROWDSURFR or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than Denmark. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of CROWDSURFR, shall be filed only in the courts of Denmark, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
14. The Rest
These Terms and the other material referenced in them are the entire agreement between you and CROWDSURFR with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and CROWDSURFR with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or CROWDSURFR to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get CROWDSURFR’s prior written consent. CROWDSURFR has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. CROWDSURFR will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.