1. Acceptance Of The Terms Of Use

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. The entity known as CrowdCover Inc., duly constituted under the laws of Delaware as a corporation (hereafter denoted as "CrowdCover," "we," "us," or "our") holds ownership and operational control over specific internet sites and software applications, and any other products or services offered by CrowdCover including, but not limited to, https://www.crowdcover.app (collectively referred to as the "CrowdCover Services"). Other services offered by CrowdCover may be subject to separate terms. In addition, CrowdCover offers a variety of marketing and promotional services through a myriad of "community" websites that are affiliated with Brands (as described below) (collectively, the websites and such services, including any prospective features and applications outside CrowdCover Services, are herein referred to as the "Third-Party Services"). The use of CrowdCover Services is subject to the stipulations outlined in this Terms of Use Agreement, as may be updated periodically (hereinafter referred to as this "Agreement"). We urge all users to read this Agreement meticulously. 

 

This Agreement applies to all entertainers, and all companies and brands who seek to utilize CrowdCover’s Entertainer Marketplace and Services. You agree that by signing up and submitting your application, you are entering into a legally binding agreement between you and/or your company and CrowdCover. You acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are unable or unwilling to assent to the provisions of this Agreement, you are prohibited from accessing, and utilizing in any capacity the CrowdCover Services.

 

When using CrowdCover individually and/or opening an account on CrowdCover on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Use and grant the licenses set forth herein; and (ii) agree to these Terms of Use on behalf of such Subscribing Organization.

 

1. Services

We provide a platform and services such as, but not limited to connecting users with each other and with companies and brands within our Entertainer Marketplace, for online live streaming services to our public users within our live streaming platform, and an eCommerce Marketplace to connect sports gambling companies with the public. 

 

Within our services, CrowdCover has no control over the conduct of entertainers, companies, and brands within the Entertainer Marketplace and disclaims all liability in this regard to the maximum extent permitted by law.

 

1. Eligibility

CrowdCover Services are strictly for the use of individuals who are of legal gambling age, determined by the governing state or country laws in the residing jurisdiction of the user or individual. ANY INDIVIDUAL UNDER THE LEGAL GAMBLING AGE IS STRICTLY PROHIBITED FROM USING CROWDCOVER SERVICES.

 

1. User Registration, Social Media & User Representations

4.1 User Registration

You may be required to register with CrowdCover Services to access and utilize certain services. If you choose to register, you are solely responsible for the confidentiality of your account and password. Additionally, you are solely responsible for the access to your devices that can login to your account. Therefore, you are solely responsible for all the activities on your account within CrowdCover Services.

 

4.2 Social Media

CrowdCover may require the connection to your social media accounts on other platforms, by registering with CrowdCover Services, you represent that the connected social media accounts are yours and not of other individuals. The authentication process may be completed in multiple processes such as authenticated API connection or contact through applicable social media account(s). The data presented on your CrowdCover profile may include, but not limited to: basic personal information, analytics data on user’s audience and engagement, and metadata on activity. The information is not to be shared publicly and is strictly to be utilized within CrowdCover Services. For more information on your privacy, please read our Privacy Policy. 

 

CrowdCover is not responsible or liable for the accuracy or reliability of any data and information in connection with a user’s social media information, therefore CrowdCover is not liable for any damages that may occur for the connecting process and resulting outcomes. The data is strictly from the third-party social media platforms and connectors and is merely displayed as-is on CrowdCover Services.

 

4.3 User Representations

By registering for CrowdCover Services, you represent that all provided information is true, accurate, and current. If any information becomes outdated, then you are obligated to update the information to that it reflects accurate and true information. 

 

You may not sell, rent, transfer, share or provide access to your account or to any of the contents within CrowdCover Services to anyone unless directly permitted in writing by CrowdCover. CrowdCover has the right to prevent any unauthorized use by any and all legal remedies.  

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of CrowdCover Services. Additional terms may apply in regards to pending payments and contracts and we have the right to adjust on a per case basis.

 

1. Branded Content

Branded content posted to any social media platform, technological forum, print/media and any other public forum is to adhere, without limitation to the U.S. Federal Trade Commission’s Guidelines. Branded content may be offered in template or finished form by CrowdCover Services and no editing is allowed to remove any information that qualifies the content to be legal under the U.S. Federal Trade Commission’s Guidelines. Additionally, branded content templates offered by CrowdCover must, without question, be utilized following the guidelines and instructions presented by CrowdCover which adhere to the U.S. Federal Trade Commission’s Guidelines. CrowdCover incurs no liability if user changes or edits the creative content templates and/or does not follow the directions presented by CrowdCover. Any questions or concerns regarding branded content can be sent to crowdcover1@gmail.com. 

 

1. Third-Party

CrowdCover Services may contain links to third-party websites. CrowdCover is not liable under any circumstance for any actions and results of clicking the third-party websites. Additionally, users and brands not employed by CrowdCover is a third-party that CrowdCover is not liable for in regards to inaccurate information and data presented. CrowdCover does not screen any information prior to being posted on its services. You agree to evaluate and be liable for all actions associated with third-parties. Third-party links and content on CrowdCover Services does not mean or qualify as an endorsement by CrowdCover. Any information, data, or content downloaded is done so at your own risk.

 

Deception and fraud relating to contracts and payments are handled in section 7 Payments. 

 

1. Payment

CrowdCover Services enable users to connect with companies and brands to host sponsored live streaming rooms and partake in advertising campaigns, these connections are to be transacted with U.S. dollars only and will be facilitated ONLY by CrowdCover Services. Any such transaction that occurs outside of CrowdCover Services will not be permitted to be acted upon within CrowdCover’s Services. 

 

CrowdCover receives payment from companies and brands and distributes to applicable users. Applicable fees and taxes of the payment provider within or third-party linked to CrowdCover Services must be adhered to and it is the user’s responsibility to cover such costs and take appropriate actions. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.

 

By signing up for CrowdCover Services and agreeing to this agreement, all parties must adhere to CrowdCover Services’ billing policies, which includes pricing and payment terms. Pricing and payment terms may vary depending on the transaction situation and contracts.

 

CrowdCover Services will provide template contracts, but custom contracts may be introduced by either party. Custom contracts must be reviewed and approved by us before going into effect and we may set a minimum time period to adequately review said contracts before approving. 

 

1. Data 

In accordance with this agreement, CrowdCover shall store specific data that you share with us to optimize and monitor the performance of our services, as well as data regarding your use of CrowdCover. Even though we routinely conduct data backups, it is your responsibility to manage and safeguard all data that you transfer or that pertains to your activities while using CrowdCover. By agreeing to these terms, you acknowledge and accept that CrowdCover will not be held accountable for any loss or corruption of this data. Consequently, you forgo any potential legal actions against us related to such data loss or corruption. 

 

Moreover, it's important to understand that any prohibited actions referenced in this agreement may lead to CrowdCover initiating appropriate legal proceedings against the violator. In accordance with this agreement, data and information shared on CrowdCover Services will remain on CrowdCover Services and not be shared with any outside third-parties.

 

1. Idea Submission

You agree that any suggestions, ideas, feedback, questions, or comments provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

1. Trademarks

CrowdCover’s trademarks, logos, service marks are registered and unregistered trademarks. CrowdCover does not allow any use of these assets without written consent and approval. None of these assets may be used to disparage or discredit CrowdCover without our written consent. 

 

1. Applicable Laws

Users Must Comply with Applicable Laws. CrowdCover Services are based in the USA and are strictly meant to be utilized in the USA only. CrowdCover is not responsible or liable for accessing our services outside the USA and doing so is at your own risk. 

 

Gambling laws vary from state to state and CrowdCover shall not be liable in any capacity for users not adhering to applicable state laws of residence. Any use of VPNs or any other device and software to circumvent state laws is not allowed on CrowdCover Services. 

 

1. Prohibited Activities

You may not access or use CrowdCover Services for any purpose other than that for which we make the CrowdCover Services available and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

 

Unless specifically authorized by CrowdCover Services (us), you agree not to showcase, disseminate, license, perform, publish, reproduce, duplicate, copy, produce derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of CrowdCover Services, use of the CrowdCover Services, or access to the CrowdCover Services. Unless explicitly agreed by us, as our are intended solely for your personal use.

 

Transactions and contracts initiated on CrowdCover Services must be contractuary and monetarily completed on CrowdCover Services and you may not circumvent our payment system. Additionally, transactions and contracts created and fulfilled outside of CrowdCover Services disallows use of CrowdCover Services’ Live Streaming Platform. 

 

Harassment, defrauding, and threatening other users within CrowdCover Services are strictly prohibited. 

 

You are prohibited from sharing other users’ contact information or data to any outside third-parties and may not benefit in any capacity by exploiting the data and information within CrowdCover Services. 

 

Additionally, these behaviors and actions are prohibited: 

(a) Refrain from undertaking any measures that impose a disproportionate burden on the infrastructural capacity of CrowdCover Services; such as disabling, fraud or misleading other users. (b) Desist from employing any apparatus, software, or routine procedure to disrupt or seek to disrupt the efficient operation of CrowdCover Services or any activity executed therein; (c) Refrain from endeavoring to decrypt, decompile, disassemble, or reverse engineer any software component constituting or constituting a part of CrowdCover Services; (d) Do not delete or modify any material posted on CrowdCover Services or any other individual or entity; (e) No framing or linking to any materials or data accessible via CrowdCover Services; (f) Abstain from misrepresenting any metrics or statistics pertaining to your social accounts or the performance of your posts as represented on CrowdCover Services; or (g) Do not employ bots or other artificial methods to amplify your metrics or statistics connected to your social accounts and performance of your posts as may be represented on CrowdCover Services.

 

1. Termination

This agreement shall remain in full force and effect while you use CrowdCover Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF CROWDCOVER SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN CROWDCOVER SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

You may not create a new account under your name or any names that are not yours if you have been terminated or suspended. Violation of these terms will result in our sole discretion to move forward with appropriate legal action. 

 

This agreement remains in full force after termination or suspension and it is in our sole discretion if you violate this agreement to proceed with appropriate legal action.

 

1. Arbitration & Disputes

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

You agree that all disputes between you and CrowdCover (whether or not such dispute involves a third party) with regard to your relationship with CrowdCover, including without limitation disputes related to these Terms of Use, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you and CrowdCover hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf.

 

You also acknowledge and understand that, with respect to any dispute with CrowdCover arising out of or relating to your use of the Services or this Agreement:

 

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

 

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

 

YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

 

This arbitration agreement will survive the termination of your relationship with CrowdCover. Notwithstanding the foregoing, we may bring an action for injunctive relief in any court of competent jurisdiction. For any matters which are not subject to arbitration as set forth in this Agreement and/or in connection to the entering of any judgment on an arbitration award in connection with this Agreement, you hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in Delaware. You agree to receive service of process through email, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

 

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and CrowdCover are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision.

 

COSTS. The user will bear all costs directly related to the use of the platform, including but not limited to, Internet connection fees, equipment necessary for accessing and using the platform, etc.

 

BINDING ARBITRATION AND DISPUTE RESOLUTION. If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

 

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami Dade County, Florida.

 

1. Liability

CrowdCover, its affiliates, the brands, and its respective officers, directors, employees, agents, suppliers, and licensors (hereinafter collectively referred to as the "CrowdCover Parties") provide no guarantees or assurances regarding the accuracy, reliability, completeness, timeliness, or trustworthiness of the Content or CrowdCover Services. The CrowdCover Parties are not liable for the veracity, accuracy, or completeness of the Content or any other information communicated to the User or for any errors, inaccuracies, or omissions therein, or for any delays or interruptions in the data or information flow from any cause. The User agrees to utilize the CrowdCover Services and the Content at their own risk.

 

The CrowdCover Parties do not ensure that the CrowdCover Services will function without errors or that the CrowdCover Services, their servers, or the Content are free of computer viruses or similar harmful features. If the use of CrowdCover Services or the Content necessitates servicing or replacing equipment or data, none of the CrowdCover Parties will be liable for these costs.

 

The CrowdCover Services and Content are made available on an "as is" and "as available" basis without any warranties of any kind. The CrowdCover Parties reject all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for a particular purpose.

 

In no event shall any CrowdCover Party be held responsible for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the CrowdCover Services and the Content, regardless of whether it's based on warranty, contract, tort (including negligence), or any other legal theory, even if such CrowdCover Party has been notified of the possibility of such damages.

 

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, therefore, the above limitations or exclusions may not apply to you. In such states, the liability of the CrowdCover Parties is limited to the greatest extent allowed by law.

 

Please remember, however, that the manner in which Social Media Services use, store and disclose your information is governed solely by the policies of such Social Media Services, and CrowdCover shall have no liability or responsibility for the privacy practices or other actions of any third-party web sites or services that may be enabled within CrowdCover Services.

 

Please be aware that nothing in these Terms and Conditions is intended to limit our liability for death or personal injuries caused by our negligence; for damages caused by our intentional misconduct or gross negligence; or for other losses that cannot be excluded or limited by applicable law.

 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, neither CrowdCover nor its affiliates will be held accountable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in a contract, tort (including but not limited to negligence), or otherwise, arising from or in any way linked with the use of or inability to use the CrowdCover Services, the content, or the materials.

 

Furthermore, the aggregate liability of CrowdCover, whether in contract, warranty, tort (including negligence), product liability, strict liability, or other theory, resulting from or relating to the use of or inability to use the CrowdCover Services shall not exceed the amount paid by you, if any, for accessing the CrowdCover Services during the twelve (12) months immediately preceding the date of the claim or one hundred dollars, whichever is greater.

 

(a) Reference Sites. These liability limitations also apply to damages incurred by you due to any products or services sold or provided by third parties other than CrowdCover and received through or advertised on the CrowdCover Services or received through any reference sites; (b). Basis of the Bargain. You acknowledge and agree that CrowdCover has set its prices and entered into these Terms of Service based upon the liability disclaimers and the limitations of liability set forth herein, and that these provisions form an essential basis of the agreement between you and CrowdCover.

 

Disclaimer. CrowdCover is offered on an as-is and as-available basis. You agree to use CrowdCover and our services at your sole risk. We disclaim all warranties, expressed or implied, in connection with CrowdCover and your use thereof.

 

Limitations of Liability. Under no circumstances shall we or our directors, employees, or agents be held accountable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of CrowdCover.

 

1. Indemnification 

You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from: (a) your use of and access to CrowdCover Services, including any data or content transmitted or received by you; (b) your violation of any term of this agreement, including your breach of any of the representations and warranties above; (c) your violation of any third-party right, including any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any content that is submitted via your User Account including misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

 

1. Modification & Changes

We reserve the right to modify, change, or remove the contents of this agreement or contents on CrowdCover Services. Any modification done to this agreement by us will result in a notification sent to all applicable users and then adhered to applicably. The changes are at our sole discretion without prior notice. You agree that we are not liable in any circumstance for the modification, suspension, or discontinuing of any CrowdCover Services.

 

1. Contact

Please contact us at: crowdcover1@gmail.com

 

For terms regarding CrowdCover’s Live Streaming Platform, please click here.