Terms of Service

Welcome to Crowdmug.  This agreement (the "Agreement") is entered into by and between you ("you") and Castapart, LLC, d/b/a Crowdmug ("Crowdmug") regarding your use of the Crowdmug Application. By using the App or Website  (“Service”) you are agreeing to these terms, and these terms will govern your use of the Service.  If you do not agree to these terms and conditions stated, you must cease use of the Service.

In this terms of service “Crowdmug” refers to Castapart LLC, the owner and operator of the Service.  The term “you” refers to the person using and accessing the Service, or the company or organization on behalf of which that person accesses the Service.

Crowdmug’s Role

Crowdmug is an online community where you can view and post photos of places.  Additionally you can request photos and videos of places from other people looking to earn cash.  In such cases we provide a venue for third-party Requesters and third-party Providers to enter into and complete transactions. Crowdmug is not involved in the transactions between Requesters and Providers. As a result, we have no control over the quality, safety or legality of the Services, the ability of Providers to provide the Services to Requesters' satisfaction, or the ability of Requesters to pay for Services. We are not responsible for the actions of any Requester or Provider. We do not conduct any screening or other verification with respect to Requesters or Providers, nor do we provide any recommendations. Regardless of the type of user you are, you use the Service at your own risk.

Registration

When you register with the Service, you will be asked to provide us with your name, a valid email address as well as password. Afterwards you may also be asked to provide certain tax information.  You agree to provide us with true and accurate information, and to update that information to the extent it changes in any way.

Requesters and Providers

As a Requester, you agree that payment will automatically be remitted to Provider once request has been completed. If a Requester is not reasonably satisfied with the Services, the Requester has 48 hours to dispute the Services rendered. As a Requester, you may still be charged a fee for your use of Crowdmug in connection with each request for Services. All fees are in U.S. dollars unless stated otherwise. The Crowdmug fees may vary in the future. You agree to pay the amounts set forth in the Crowdmug Fees from time to time on the terms set forth herein and therein, and to check the fees and terms each time you use the Site. You acknowledge that, while Providers are agreeing to perform Services for you as independent contractors and not employees.

As a Provider you are performing Services for a Requester in your personal capacity as an independent contractor and not as an employee of the Requester. You specifically acknowledge and agree to the following: (i) you will not use robots, scripts or other automated methods to complete the Services; (ii) you will submit all content through the Service only, and not directly to a Requester; (iii) you will provide Requesters for whom you perform Services with any information reasonably requested by them; (v) this Agreement does not create an association, joint venture, partnership or franchise, employer/employee relationship between Providers and Requesters, or Providers and Crowdmug; (vi) you will not represent yourself as an employee or agent of a Requester or Crowdmug. If you have any questions about your obligations to comply with local laws and regulations pursuant to Section 5, you should seek independent legal advice.

Crowdmug Fees

In exchange for providing the Service, Crowdmug charges a 10% fee on the deposit monies added to your account.

To request a photo or video of a place from the crowd you will need to offer a compensation value.  This amount must be equal or lesser to the available credit to your account.  If this is not the case you will be required to deposit funds into your account by submitting your credit card information using our secure form.

Disputes

Requester agrees that so long as a Provider has met the requirements as outlined in your offer you will not deny payment.

Proper Use

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.

Rules around content and actions

When you use the Service, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Service by you.  You agree not to post or use any Content that violates our rules including, but not limited to Content which:

·         infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,

·         is false or inaccurate; or

·         is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contain viruses, intended to advertise or sell goods or services, or are otherwise objectionable.

·         designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights.

·         depicts or advocates the use of illicit drugs;

·         could damage our company, parent company, sister companies, affiliates, advertisers, or other parties;

You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute requests or photo/videos content for any commercial purpose without the written permission of Crowdmug.

Crowdmug does not edit, screen, filter, modify, or otherwise monitor the requests or photo/video content in advance of initially posting or displaying such content on the Service. Crowdmug takes no responsibility for third party content, nor does Crowdmug have any obligation to monitor such third party content. Nonetheless, Crowdmug reserves the right not to respond to or Use requests or photo/video content that violate the foregoing conditions and to delete or edit requests or photo/video content, in whole or in part, from the Service at any time for any reason. Further Crowdmug reserves the right to refuse service to anyone at any time without notice. Crowdmug will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Unauthorized Use

Outside of an API provided by Crowdmug, any attempt to utilize automated programs, bots, screen scraping, database calls, human initiated data collection or any other means of gathering data, content or other information for the purpose of reverse engineering our platform for commercial gain is strictly prohibited.

Termination

We may change or discontinue the Service at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior. In the event of any termination, you will immediately cease access to the Services.

No Warranty

IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, CROWDMUG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS.

WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.

NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL CROWDMUG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CROWDMUG, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH CROWDMUG BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CROWDMUG, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CROWDMUG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Crowdmug is controlled and operated by Crowdmug from the United States of America and we make no representations that Crowdmug is appropriate or available for use in other locations. Those who access or use Crowdmug from other jurisdictions do so at their own volition and are responsible for compliance with local law. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY PARTNERS OR FOR ANY INFORMATION APPEARING ON PARTNER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL CROWDMUG BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CANDIDATE.

THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CROWDMUG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF CROWDMUG TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL CROWDMUG FEES PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).

Hold Harmless and Indemnity

You will indemnify and hold harmless Crowdmug, its officers, directors, employees, and agents from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity ("Claim") that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your Services and any Materials, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Materials; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Service.

Crowdmug reserves the right, but has no obligation, to monitor, or take any action Crowdmug deems appropriate regarding disputes that you may have with other users of the service. To the extent the law permits, you release us from any claims or liability related to any Content posted to the Service and from claims related to the conduct of any other users of the Service.

No Assignment

You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Crowdmug's prior written consent. Any such purported assignment or delegation by you without Crowdmug's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Crowdmug at its sole and absolute discretion.

Arbitration

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Crowdmug may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

IP

The content on Crowdmug, excluding all intellectual property of other sites, is owned by Crowdmug. This includes, without limitation, the text, software, scripts, graphics, photos, videos, sounds, interactive features and the trademarks, service marks and logos contained therein. These are owned or licensed to Crowdmug, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content not owned by Crowdmug is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as permitted through Crowdmug's functionality and under these Terms of Service. We reserve all rights not expressly granted in and to Crowdmug and the content.

As between you and Crowdmug. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, world-wide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. With respect to other users, you grant each Crowdmug user, a non-exclusive license to access your submissions through Crowdmug and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through Crowdmug's functionality and under these Terms of Service.

General Terms

Nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

These Terms of Service shall be governed by the internal substantive laws of the State of Delaware. Any claim or dispute between you and Crowdmug that arises in whole or in part from Crowdmug shall be decided exclusively by a court located in Delaware.

YOU AND CROWDMUG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CROWDMUG MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are able to form a binding contract in your jurisdiction.  If you’re not please cease use of all Crowdmug Services.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Crowdmug's failure to act with respect to a breach by you or others does not waive Crowdmug's right to act with respect to subsequent or similar breaches. The failure of Crowdmug to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.