CrowdPlace Terms of Service (5/26/2011)

These Terms of Service ("Terms") govern your access to and use of the services and CrowdPlace websites (owned by CrowdPlace, LLC) (the "Services"), and any information, text, graphics, data, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.

By accessing or using the Services you agree to be bound by these Terms.

You may use the Service only if you can form a binding contract with CrowdPlace, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.

You are responsible for your use of any CrowdPlace Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by CrowdPlace on the Services are subject to change. In consideration for CrowdPlace granting you access to and use of the Services, you agree that CrowdPlace and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Basic Terms

• You must be 13 years or older to use this site.
• You are responsible for any activity that occurs under your screen name.
• You are responsible for keeping your password secure.
• You must not abuse, harass, threaten, impersonate or intimidate other CrowdPlace users.
• You may not use the CrowdPlace service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable Content.
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the CrowdPlace service.
• You must not modify, adapt or hack CrowdPlace or modify another website so as to falsely imply that it is associated with CrowdPlace.
• You must not create or submit unwanted email to any CrowdPlace members ("Spam").
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not, in the use of CrowdPlace, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You are allowed one account and may not set up multiple personal user accounts.
• You will provide accurate email and other personal information when providing information to CrowdPlace.
• Violation of any of these agreements may result in the termination of your CrowdPlace account.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CrowdPlace be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

General Conditions

We reserve the right to modify or terminate the CrowdPlace service for any reason, without notice at any time.

We reserve the right to block, terminate, or modify a user account at any time.

We reserve the right to alter these Terms of Use at any time.

We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use. The CrowdPlace service makes it possible to post images and text hosted on CrowdPlace to outside websites. Pages on other websites which display data hosted on CrowdPlace.com must provide a link back to CrowdPlace.

We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, CrowdPlace AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. CrowdPlace will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that CrowdPlace has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from CrowdPlace or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CrowdPlace of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CROWDPLACE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CrowdPlace HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Copyright

You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.

By submitting, posting or displaying Content on or through the Service, you grant CrowdPlace a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for other users of the Service to modify your Content, and for CrowdPlace to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by CrowdPlace or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

We may modify or adapt your Content in order to improve the Service, transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

CrowdPlace can keep data in order to improve the service and to create modified data that CrowdPlace will own.

CrowdPlace undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit CrowdPlace to locate the material;
• Your contact information, including your address, telephone number, and email;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
• Claims can be sent to admin@CrowdPlace.com.

CrowdPlace Property

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of CrowdPlace and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the CrowdPlace name or any of the CrowdPlace trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CrowdPlace, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

All aggregated, calculated, and other derivative data created by CrowdPlace shall be owned by CrowdPlace. This includes but is not limited to data calculations across user accounts and data calculations within a single user's account.

These Services are operated and provided by CrowdPlace LLC., Germantown, TN. If you have any questions about these Terms, please contact us.

General Information

The Terms of Service constitute the entire agreement between you and CrowdPlace and govern your use of CrowdPlace , superseding any prior agreements between you and CrowdPlace with respect to CrowdPlace . You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CrowdPlace services, affiliate services, third-party Content or third-party software.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.