Privacy Policy
PLEASE READ THIS PRIVACY CAREFULLY BEFORE USING THIS SITE.
This Privacy Policy covers how Crowdgather Inc. (“Company”) will use its users’ personally identifiable information ("Personal Data") as well as general demographic information (“Demographic Data”) that Company gathers when users access and use this Site, when users use our Content or when users post their User Generated Content to the Site. Capitalized terms contained herein shall have the same meanings ascribed to them in the Site’s Terms and Conditions.
The Company knows that users care about how their personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy.
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy.
If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of the Company and the authorized third parties referred to herein located in the United States.
(a) Information Collected Through the Site: We collect Personal Data through the Site when you voluntarily chose to provide us with such Personal Data, such as through one or more of the following options:
(1) Registration. Our Site's registration system requires users to give us your Personal Data, including contact information such as your name, address and e-mail address, phone number, and demographic information such as mailing address, sex, age, and potentially other personal information we may request. Such contact information is used to contact the user when necessary.
(2) Forums, Blogs and Group Discussions. Users may participate in forums and group discussions with other users. While we do not actively mine for your Personal Data disseminated in such blogs and forums, we will be storing the content as User Generated Content and therefore collect such information indirectly. We do not share your Personal Data with other users, we do not monitor the exchange of Personal Data that you disclose to such other users in forums, blogs and group discussions.
WE STRONGLY ADVISE AGAINST USING YOUR REAL NAME AS YOUR “USER NAME” ON OUR SITE, PARTICULARLY IF YOU ENGAGE IN FORUMS, GROUP OR BLOG DISCUSSIONS WITH ANYONE YOU DO NOT KNOW. WHILE WE ENCOURAGE THE FORUMS TO BE SELF-POLICING, SUCH POSTINGS WILL BE SEARCHABLE BY MAJOR SEARCH ENGINES AND THUS WE CANNOT BE RESPONSIBLE FOR POTENTIALLY DAMAGING INFORMATION OR POSTINGS ASSOCIATED WITH YOUR TRUE IDENTITY. FURTHER, AS WE DO NOT SCREEN THE BACKGROUNDS OF OUR USERS, WE CANNOT GUARANTEE YOUR PERSONAL SAFETY OR PREDATORY CONDUCT BY OTHER USERS. THEREFORE, WE STRONGLY URGE YOU NOT TO SHARE YOUR PERSONAL DATA WITH ANY OTHER USER UNLESS YOU KNOW THEM PERSONALLY, AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY RELATED THERETO.
(b) Advertisers. We may display third party advertisements on the Site. In some instances, users may request more information from these third parties concerning their respective products and/or services by clicking on such advertisement. Some of our third party advertisers offer to contact our users directly as a way to follow up a user's interest in its products and/or services. In such cases, users will be asked for their Personal Data, and by providing your Personal Data in such a fashion, a user is consenting to being contacted by such third party.
(c) Demographics Information. Through the use of certain technologies we are able to track and store certain types of information whenever you interact with our Site. The Company automatically receives and records information on our server logs from your browser including IP addresses, cookie information, and the Site pages requested. The Company only uses this data in aggregate form, for statistical purposes, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often users access parts of the Site so that we can improve the Site and the Content. This information may be shared with advertisers and other third parties on an aggregated basis, but it does not indicate the Personal Data of individual users. Our use of cookies and IP Addresses are set forth accordingly:
(1) Cookies are small bits of information that are stored on your computer hard drive by your web browser. Our cookies do not collect or contain Personal Data. While you may turn off your computer’s acceptance of cookies through your browser, your full use of the Site may be restricted.
(2) We collect your computer’s IP addresses in order to conduct system administration, report aggregate information to third parties and to conduct Site analysis. While we do not associate IP addresses with records containing Personal Data, we will use IP addresses to identify any user who refuses to comply with these Terms and Conditions or otherwise violates any applicable laws.
(d) Our Use of Your Personal Data and Other Information: We use the Personal Data you provide in a manner that is consistent with this Privacy Policy. Specifically, we will use your Personal Data to the extent necessary to provide the products and services offered on this Site, to maintain your account, to administer the Site and as may be otherwise permissible under applicable law. We will also use your Personal Data to offer you certain products and services you may find of interest. You may, however, opt out of receiving future solicitations by following the instructions in such email or by communicating your opt out preferences as set forth below.
If we intend on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
(e) Our Disclosure of your Personal Data and Other Information:
The Company considers your Personal Data to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
(1) Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
(2) Agents, Consultants and Related Third Parties: The Company retains the services of third party vendors to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ third parties to perform such functions, we only provide them with the information that they need to perform their specific function.
(3) Advertisers: We may share your Personal Data with our third party advertisers in order to contact you regarding such third party’s products and/or services. You may opt out of receiving these solicitations as provided in such solicitations or as otherwise stipulated under this Privacy Policy.
(f) Legal Requirements: The Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of the Company, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.(g) Consent: Except as set forth above, you will be notified when your Personal Data may be shared with third parties, and will be able to prevent the sharing of this information.
(h) External Links: Our Site may provide links to various third party web sites which are provided solely for your convenience. However, even if a third-party affiliation exists between the Site and that destination site, we do not exercise authority over these linked sites, each of which maintains independent privacy and data collection policies and procedures. We do not assume responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such web sites. These links to third party web sites are provided only for your convenience, and as such, you access them at your own risk. However, we wish to ensure the integrity of the Site and its destination links, so any comments pertaining to the Site or any Sites accessed through these links are greatly appreciated.
(i) Exclusions: This Privacy Policy does not apply to any Personal Data collected by the Company other than Personal Data collected through the Site. This Privacy Policy shall not apply to any Unsolicited Information and User Generated Content you provide to the Company through this Site or through any other means. This includes, but is not limited to, information posted or requested to be posted to any public areas of the Site. Except as otherwise provided in the Terms and Conditions, all Unsolicited Information and User Generated Content shall be deemed to be non-confidential and the Company shall be free to reproduce, use, disclose, and distribute such Unsolicited Information and User Generated Content to others without limitation or attribution.
(j) Security: We employ reasonable security measures in place to protect against the theft, misuse and alteration of the Personal Data under our control. Personal Data is stored in a secured database. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent or uploaded User Generated Content sent to or from this Site may not be secure. Therefore, you should therefore take special care in deciding what information you send to us through an Internet connection.
(k) Choice/Opt-Out: Our Site gives users the opportunity to opt-out to receive communications from us and our third party advertisers at the point where we request information about the user. This Site also gives users the opportunity to stop receiving these communications at any time by editing their User account preferences. You will find an opt-out option at the bottom of all communications, or you may write to us at the below address to opt out of future communications not directly related to your access to the Site and your account:
Crowdgather Inc.
20300 Ventura Blvd. Suite 330
Woodland Hills, CA 91364
Attn: Compliance
(l) Changes. The Company may amend this Privacy Policy from time to time, without obligation to provide notice to you. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used/collected. Since we may make changes in the way we use Personal Data, you are advised to review this Privacy Policy for changes each time you visit the Site. If we do provide you with notices to changes to this Privacy Policy, such notice shall not be construed as a continuing obligation to provide notice in any subsequent change to this Privacy Policy.
User Terms and Conditions
PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
The following constitute the terms of Terms and Conditions (“Terms and Conditions”) between you ("you", "your", "purchaser") and Crowdgather Inc. (referred to as the "Company," "we," or "us") with respect to your use of this web site at www.crowdgather.com (“Site”). The Company operates this Site as on-line information sharing and community social networking site including all text, surveys, prayers, audio-visual works, communications, content, information, forum communications, materials, documents, products, software, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the "Content").
By accessing, using or downloading any Content from this Site, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site or otherwise use or download Content from this Site. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.
1. Disclaimer. The Content on this Site is presented in a summary fashion, and is intended to be used for informational purposes only. Crowdgather Inc. does not endorse or warrant any product, service or Content contained in this Site.
You agree that by using this Site, you will assume sole responsibility to exercise your own judgment when participating in any activity, relying on any Content, or otherwise engaging with other users in any forum communities, and we disclaim all responsibility for any advice, suggestions, courses of action, counseling, instruction or Content provided on this Site, including without limitation, Content provided to you by other users. Further, you should not rely upon claims of qualifications or other authoritative assertions made by other users.
2. Nature of Services. Our Site contains a variety of online communications tools and services including forums, bulletin boards, blogs, rating tools, personal pages, and other types of features at no charge to you. We make no warranty regarding the quality or availability of the Site, and we reserve the right to suspend. modify or terminate access to the Site and correlating services at any time and without notice. You agree that Company will not be liable to you or any third party for any modification, suspension or termination of the Site, including, without limitation, loss of data, personal settings or other foreseeable or unforeseeable damages related thereto.
3. Ownership. You acknowledge that you are solely responsible for all materials, text, entries, communications, content, information, forum contributions, materials, pictures and any video links or other materials provided by or contributed by you on this Site (collectively, the “User Generated Content”). You further agree that you either own all User Generated Content provided by you or is properly obtained from the appropriate owner with full permissions to post such User Generated Content on the Site. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. As a condition of using this Site, you hereby license to Crowdgather Inc., a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right and license to display or remove the User Generated Content on its Site. Your access and use of this Site shall be construed as sufficient consideration for such license. The foregoing license rights shall not apply to User Generated Content posted to this Site by you, which violates or infringes upon third party intellectual property, trade secrets or privacy rights and such license shall be void as a matter of law.
4. License. We hereby grant you the right to view and use this Site in accordance with these Terms and Conditions. You may download and/or print a copy of the Content for your personal and non-commercial use only (the "Permitted Uses") provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.
5. Trademarks. All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of Crowdgather Inc., its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
6. Usage Rules. We reserve the right to deny you access to any and all parts of this Site and suspend or terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
(a) Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for User Generated Content that is sent through your account to any discussion group or forum or any other part of the Site. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(b) Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information.
(c) Prohibition on Use by Minors Under The Age of 14. This Site is intended for an adult audience and CHILDREN UNDER THE AGE OF FOURTEEN ARE NOT PERMITTED TO SUBMIT ANY USER GENERATED CONTENT, PERSONAL DATA OR UNSOLICITED INFORMATION. ANY MINORS BETWEEN THE AGES OF 14 AND 18 SHALL BE DIRECTED TO A PORTION OF THE SITE WHICH WILL NOT ADMIT ADULTS. THE REASON FOR THIS RESTRICTION IS TO PROTECT MINORS FROM ADULT PREDATORS.
d) No Monitoring of Forums. In order to promote a level of candor and trust, the chat rooms and forum discussions on this Site, in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that your User Generated Content will remain confidential or secure. Further, no statements made in the chat rooms and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such forum discussions, chats or any other communication feature on the Site as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any User Generated Content that you send to any discussion group, at any time, for any reason, and without prior notice to you.
(e) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
(f) Infringing User Generated Content. You shall not post or transmit any User Generated Content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, copyrighted materials, and trademarks or service marks used in an infringing fashion.
(g) Interference with Other Users’ Use. You shall not interfere with other users' use of the Site, including, without limitation, disrupting the normal flow of dialogue in a chat room or forum discussion, spamming or otherwise using abusive tactics to deter others from participating in the forums or discussions. Notwithstanding this, users can voluntarily form closed forums, which are inaccessible by other users without violating this provision.
(h) Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(i) Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
(j) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
7. No Review of Postings & Uploads. The Company does not and cannot review, and is therefore not responsible for, any User Generated Content posted or uploaded to the Site. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA OR FORUM SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION.
8. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the suspension or termination of the infringing party’s account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and
(g) Our agent may be contacted as follows: IPenforcement@crowdgather.com
9. Data Back-up. We are not responsible for backing up your data or any User Generated Content or other type of data attributed to your participation in forums or use of the Site. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL USER GENERATED CONTENT THAT YOU CONTRIBUTE TO THE SITE AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST USER GENERATED CONTENT, WHETHER YOUR OWN OR THAT BELONGING TO THIRD PARTIES.
10. Disclaimers.
a. Geographic Disclaimer. The Site is administered by the Company from Los Angeles, California and is intended solely for users who are US residents. Access to the Site and the Content as well as the terms of our Privacy Policy may not be legal for some persons or in some countries outside the United States. Additionally If you elect to access and use the Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
b. DISCLAIMER OF WARRANTIES. THIS SITE AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information or User Generated Content by you, or (b) your use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
12. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO THE COMPANY FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER GENERATED CONTENT, THAT AND DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, THE CONTENT, OR YOUR USER GENERATED CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
13. Third Party Rights. The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. User Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least 18 years old, but are over the age of 13, you may have a parent or guardian accept these terms on your behalf . You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
15. Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located at Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between Crowdgather Inc. and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
16. Notice. We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U. S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Crowdgather Inc.
20300 Ventura Blvd. Suite 330
Woodland Hills, CA 91364
Attn: Legal Department
Terms of Use
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark and other laws. If you breach any of these Terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.
Certain of the statements contained on this website, are forward-looking statements that involve a number of risks and uncertainties. Factors that could cause actual results to differ materially include the following: business conditions and growth in the Company´s industry and general economy; competitive factors, risks due to shifts in market demand; and the risk factors listed from time to time in the Company´s reports filed with the Securities and Exchange Commission as well as assumptions regarding the foregoing. The words "believe," "estimate," "expect," "intend," "anticipate" and similar expressions and variations of such expressions identify certain of such forward-looking statements, which speak only as of the dates on which they were made. The Company undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. Readers are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those indicated in the forward-looking statements as a result of various factors. Readers are cautioned not to place undue reliance on these forward-looking statements.
The information contained in the news releases accessible through this website should be viewed as accurate only on the date the press releases are rendered. Changes in circumstances could have occurred from the date of such press releases that might materially affect the information contained therein.
We have not undertaken any duty with respect to any information available through websites for which hyperlinks are provided in these pages and assume no responsibility for the accuracy, completeness or fairness of the information that may be contained therein.
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CrowdGather, Inc. further does not warrant the accuracy and completeness of the materials at this Site. CrowdGather, Inc. may make changes to the materials at this Site at any time without notice. The materials at this Site may be out of date and CrowdGather, Inc. makes no commitment to update the materials at this site.
IN NO EVENT WILL CROWDGATHER, INC., BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
All information contained on this website is provided for information purposes only and is not to be construed as recommendations by CrowdGather, Inc. to buy, sell or hold any securities.
This Site is administered by CrowdGather, Inc. from its offices in Woodland Hills, CA. CrowdGather, Inc. makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, or export, or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of laws.
CrowdGather, Inc. may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.