Please read these terms and conditions carefully before using Our Service.
Any words which have their initial letter capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access our Service or parts of our Service.
Agreement means the acceptance of You to these Terms and Conditions set forth by the Company by accessing the Service.
Country refers to the United States of America.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ohio Connected Crowd Co. an Ohio Corporation d/b/a Crowdpurr.com, 31 South Main St. Suite 201-29, Dayton, OH 45402 and includes its officers, directors, shareholders, employees, agents, subcontractors, and vendors, and any entity on whose behalf the Company resells services.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Experience means any event that can have participants in the Service (e.g. trivia game, poll, social wall, bingo game, etc.)
Free Plan refers to the free Basic Plan of the Service that has limited functionality that can be used free of charge.
Host refers to You as the creator and administrator an Experience that has Participants on the Service.
Participant refers any person who joins and participates in any of the Your Experiences.
Service refers to the Audience Engagement Platform known as Crowdpurr made available by the Company.
Subscriptions refer to the services or access to the Service offered on a paid subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, free users, paid users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18 and are competent to enter into this Agreement with Us, and are authorized to obtain the Service or make changes to an existing account. The Company does not permit those under 18 to use the Service.
You authorize us to monitor and record communications to Us regarding your account for the Service for purposes of quality assurance. For payments for Subscriptions, we may implement reasonable procedures including, but not limited to, validating information provided by you or restricting the amount of Services purchased online. We reserve the right to cancel or reject online payments at any time for security or privacy reasons.
You may obtain a copy of these Terms and Conditions by emailing us at email@example.com. This Agreement supersedes any and all statements or promises made to you by the Company.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (either monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. You will be continuously charged every billing cycle the cost of the selected Subscription until you cancel the paid Subscription.
Paid Subscriptions for longer durations (such as an annual plan) are offered at a discount for initially purchasing in full. These longer duration plans are non-refundable and do not receive a pro-rated refund upon downgrading. They are offered at a special discounted price in exchange for payment up front.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. Your existing default payment will automatically be charged.
You may cancel Your Subscription renewal either through the Service or by contacting the Company at firstname.lastname@example.org. You will not receive a full or pro-rated refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, country, telephone number, and valid payment method information. Payment is due in full, for the price of the selected Subscription plan and period, upon selecting to purchase a paid Subscription and whenever a paid Subscription renews. If payment is not received within three business days after being due, your Subscription will be canceled.
By entering payment details into the Service and selecting a Subscription, You authorize payment for the Service by the entered payment method, and no additional notice or consent is required before we invoice the payment method for all amounts due to us for any reason.
Credit card processing services are NOT provided by the Company and are instead provided by a third party vendor, with which You may be required to enter an agreement. We do not in any way provide credit card processing services, and we are not liable for, nor do we make any representation or warranty regarding the vendor’s services.
You are responsible for paying all charges applicable to the Service provided to You including, but not limited to, recurring Subscription charges, credit card surcharges, payment source fees, federal, state, and local taxes, and any other usage-based charges at our current rates when used. You are also responsible for how those may change in the future.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We reserve the right to bill you retroactively for the Service if actually used but not previously billed due to Company error, failed payment, or other reasons.
When You elect to be billed via invoice, a 4% credit card will be charged to You when paying by credit card. Any fees incurred by the Company in the process of accepting an invoice payment (e.g. returned check fees, wire transfer fees, etc.) will be charged to You.
You agree to pay costs and fees, including but not limited to attorney fees, we incur to collect an unpaid balance from You.
You must review bills in a timely manner. To dispute a bill, you must contact the Company within 60 days. You must pay any undisputed portion while your dispute is investigated. You accept all charges on your account not disputed within 60 days and must pay those charges.
In some cases, due to a refund, the Company granting You an account credit, or the Company requiring an advance upfront payment for a custom project, your account may have a credit of funds. The Company reserves the right to apply all account funds credits to any amount due or unpaid on your account.
The Company reserves the right to increase Subscription plan prices at any time. Upon completion of your current billing cycle and continuing to use Our Service and renewing, You agree to any new Subscription price increases that are enacted. The Company does not have a "grandfather" clause associated with keeping Subscription prices the same for past or existing customers.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription on a Free Plan and/or offer a Free Trial for a limited period of time or usage.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Plan and/or Free Trial offer, or (ii) cancel such Free Plan or Free Trial offer.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. If your login credentials are lost or stolen or fraudulently used, then You are responsible for all usage incurred before we receive notice from You of such loss or theft. If we choose to pursue investigation or prosecution of the loss or theft, You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We may terminate or suspend Your Account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if:
We may restore such interrupted or terminated Service, in our sole discretion, following your correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your Service.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service by downgrading Your subscription and then deleting Your account, both of which can be done on the Website.
Our Service allows You to post Content. You are responsible for the Content that You post as the Host to the Service, including its legality, reliability, and appropriateness. You are also responsible for any Content posted by Participants of your Experiences. Content posted by any Participants of Your Experiences is considered Content posted by Your account.
By posting Content to the Service, You grant Us the right and license to process and make available such Content in order to deliver the functionality of the Service, including delivering that Content to any participant of your Experiences. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users, Hosts, or Participants. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, including by your Experiences' Participants, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse, or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
The set of features provided by the Service or by our third party vendors or contractors may change. We reserve the right to change or modify the source of any features of the Service provided to You without notice, including upgraded features on paid Subscription plans.
The Company partners with several third party vendors to provide the Service. As a result of this, You may be required to accept certain terms and conditions of the third party services as required by the third party vendors. The Company reserves the right to alter the service in any way including, but not limited to changing the third party provider of the service or discontinuing this service at any time.
The Service may assign personal identifiers such as custom Experience codes, usernames, content channel names, etc. and other personal identifiers in connection with the Services. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to You.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, losses associated with event costs, cost of substitute alternative services, any punitive or exemplary damages, loss for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Some jurisdictions do not allow indemnification clauses, so some or all of the above indemnification clause may not apply to You. But in such a case the indemnification clause set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Your Agreement and our provision of the Service to you are subject to (a) the laws of the state identified in the billing address that You have provided us and (b) any applicable federal laws including, but not limited to, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In the event of an inconsistency between any governmental requirement and these Terms regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. You should notify the Company customer support team by emailing email@example.com. You must describe your dispute and provide enough detail to allow Us to understand it. You must provide any supporting documentation with your written dispute. If we have a dispute with You, We will send you a written notice to Your billing address to attempt to resolve the dispute. You and the Company agree that a dispute is any claim or controversy related in any way to the Service, including charges for the Service, Our Agreement pursuant to these Terms or any other agreements, whether the dispute arises in tort, contract, by statute or any other legal theory and whether the dispute arises under this or any prior agreement with Us or arises after your Service with the Company is terminated.
In the event the dispute is unresolved by the Company, You and the Company agree to waive any right to a trial by jury in a court of general jurisdiction and any right to participate in a class action or consolidated action regarding a dispute. Specifically, You and the Company agree to waive any right to pursue a dispute by joining a disputed claim with the disputed claim of any other person or entity or to assert a disputed claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding.
If You and the Company are unable to resolve the dispute after 60 days from the date of receipt of the written dispute, You agree that either You or the Company shall resolve the dispute in only one of two possible ways: (1) by seeking relief in small claims court, if appropriate under the applicable court’s rules, in the city or county of the billing address reflected on Your bill; or (2) by arbitration. If the dispute is regarding the charges for the Service, you agree that if you do not seek relief in small claims court or by arbitration following the 60 day dispute period, then you will immediately begin paying the disputed amount that the Company determines is valid, plus any charges that were not paid during the 60 day dispute period.
Regarding arbitration, You and the Company specifically agree to finally resolve all disputes not filed in small claims court by arbitration that will be final and binding on both You and the Company, subject to any exceptions required by applicable law. The following provisions shall apply to arbitration:
If the provisions concerning the waiver of the class or consolidated actions, or the provisions regarding mandatory arbitration, are deemed unenforceable or void as a matter of law, You and the Company agree that all claims will be brought in a court of general jurisdiction and not resolved through arbitration.
YOU AND THE COMPANY WAIVE, THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICES PROVIDED BY US.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a United States federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service in a non-English language. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. Changes may also include new Subscription prices, fees, and additional costs to You.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
If there are any questions regarding these Terms and Conditions, or if you would like to otherwise contact us, our contact information and mailing address is:
Terms and Conditions last updated April 21st, 2022
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