The Krowd

...for connecting crowds
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Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services, including the Company's (Krowdthink) various websites, email notifications and applications (The Krowd), (the "Services”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display may be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with others under these Terms. What you say in the Krowd app may be viewed by anyone who is or has been co-located in the same place. What you post in your personal introductory profile may be viewed by any Krowd user.

You may use the Services only if you can form a binding contract with Krowdthink, are aged 16 or over, and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Krowdthink provides are always evolving and the form and nature of the Services that Krowdthink provides may change from time to time without prior notice to you. In addition, Krowdthink may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not always be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. Privacy

Any information that you provide to Krowdthink is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United Kingdom and/or Eire for storage, processing and use by Krowdthink. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered an essential part of the Services and your Krowd account. Your email address provided in the Krowd app is used for password recovery. We may also use it to send you service and administration information. You will need to opt-in to enable this service.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Krowdthink cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

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 Krowdthink 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. 
However, you may report inappropriate content – press and hold the content in the Krowd app, an option denoted with a X will be presented and Krowdthink will receive a copy of content for assessment as to whether it is not aligned with our terms of service. Any action is at the sole discretion of Krowdthink.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content strictly within the context of the Krowd. This license is you authorizing us to make your Krowd content available to the rest of the world and to let others do the same should you define the publication permissions to do so.

We may modify or adapt your Content in order to 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. Such modifications are limited to encryption, extracting EXIF information from pictures, and reduction of image sizes to conform to mobile device displays and thus mitigate 3rd party information capture through image processing.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You understand that your public Content may be syndicated, broadcast, distributed, or published by other users and if you do not have the right to submit Content for such use, it may subject you to liability. Krowdthink will not be responsible or liable for any use of your Content by Krowdthink in accordance with these Terms. You represent and warrant that you have all the rights power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License To Use the Services

Krowdthink gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Krowdthink as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Krowdthink, in the manner permitted by these Terms.

7. Krowdthink Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Krowdthink and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the Krowdthink or Krowd names or any of the Krowdthink trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Krowdthink, 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.

8. Restrictions on Content and Use of the Services

Please review the Krowd Rules (which are part of these Terms) to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We may also empower venue owners, event managers and security managers to suspend your use of the Krowd app in their event or venue. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Krowd, its users and the public. Krowdthink does not disclose personally identifying information to third parties except as required by a lawfully requesting government agency or company or individual similarly supported by applicable laws.

You may not do any of the following while accessing or using the Services:
(i) access, tamper with, or use non-public areas of the Services, Krowdthink's computer systems, or the technical delivery systems of Krowdthink's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means unless you have been specifically allowed to do so in a separate agreement with Krowdthink. Scraping the Services without the prior consent of Krowdthink is expressly prohibited; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

9. Copyright Policy

Krowdthink respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Krowdthink will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Krowdthink Ltd
Attn: Copyright Agent

10. Ending These Terms

The Terms will continue to apply until terminated by either you or Krowdthink as follows.

You may end your legal agreement with Krowdthink at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Krowdthink when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Krowdthink Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you access your account if you have not provided an email.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

Nothing in this section shall affect Krowdthink's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

11.Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Krowdthink and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Krowdthink Entities). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE KROWDTHINK ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Krowdthink Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) 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; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether 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 the Krowdthink Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Krowdthink Entities are not responsible or liable for: (i) 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 the Krowdthink Entities 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.

C. Limitation of Liability




12. General Terms

A. Waiver and Severability

The failure of Krowdthink to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the United Kingdom. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the U.K. courts located in the U.K., and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

C. Entire Agreement

These Terms, the Krowd Rules and our Privacy Policy are the entire and exclusive agreement between Krowdthink and you regarding the Services (excluding any services for which you have a separate agreement with Krowdthink that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Krowdthink and you regarding the Services. Other than members of the group of companies of which Krowdthink Ltd. is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via in app messaging or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

13. Krowd Rules

Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor and will not censor user content, except in limited circumstances described below. We will however empower venue owners, security managers for venues and event managers to suspend accounts that are considered by them to be obstructive to the intentions of a harmonious community. Such suspension will be of limited timeframe and apply only to use of the Krowd app in the specific location.

Content Boundaries and Use of the Krowd: In order to provide the Krowdthink service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with the Krowd. These limitations comply with legal requirements and make the Krowd a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.

Impersonation: You may not impersonate others through the Krowd service in a manner that does or is intended to mislead, confuse, or deceive others. As The Krowd is a pseudonymous service we especially monitor the use of high profile or celebrity names or pseudonymous names designed to imply the user is that person or that a person is qualified to a legal standard that would allow them to misrepresent their professional capacity.

Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended.

Private information: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express written authorization and permission.

Violence and Threats: You may not publish or post direct, specific threats of violence against others.

Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.

Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.

Pseudonymity: You should respect the pseudonymity of others in the Krowd and not maliciously disclose any connection between a pseudonym and a real name or other uniquely identifying information.

Spam and Abuse

Krowdthink strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated in the Krowd, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.

Serial Accounts: You may not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Krowd Rules is cause for permanent suspension of all accounts.

Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than six months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are: the number of accounts created, creating accounts for the purpose of preventing others from using those account names, creating accounts for the purpose of selling those accounts, using feeds of third-party content to update and maintain accounts under the names of those third parties

Selling usernames: You may not buy or sell Krowd usernames.

Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.

Spam: You may not use the Krowd service for the purpose of spamming anyone. What constitutes spamming will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:

Repeatedly sending misleading security alerts

Seeking to cause crowd concern on the basis of fabricated localised events

If you have followed and/or unfollowed large amounts of users in a short time period, particularly by automated means (aggressive following or follower churn);

If you repeatedly follow and unfollow people, whether to build followers or to garner more attention for your profile;

If you regularly Ignore users for no good reason or for the purpose of undermining the integrity of accounts of other users;

If your updates consist mainly of links, and not personal updates;

If a large number of people are ignoring you;

If you post duplicate content over multiple accounts or multiple duplicate updates on one account;

If you send large numbers of unsolicited private message requests or email exchange requests in an aggressive attempt to bring attention to a service or link; 

If you repeatedly create false or misleading content in an attempt to bring attention to an account, service or link;

If you post misleading links (e.g. affiliate links, links to malware/click jacking pages, etc.); 

Creating multiple misleading accounts in order to gain followers; 

Selling followers; 

Purchasing followers; 

Using or promoting third-party sites that claim to get you more followers.

Pornography: You may not use obscene or pornographic images in the Krowd.

Violent Act Imagery: You may not use images of extremely violent acts.

Your account may be suspended for Terms of Service violations if any of the above is true. 

Accounts engaging in any of these behaviours may be investigated for abuse. Accounts under investigation may be removed from Search for quality. Krowdthink reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service. 

Effective: August 1, 2018
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