Last updated: January 25, 2020
Hello, and welcome to the Crrowd Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
Explain the rights you give to us when you use the Crrowd Platform
Describe the rules everyone needs to follow when using the Crrowd Platform
II. The goal of the Crrowd Platform
Crrowd's goal is to provide an environment where it's easy to find trustworthy reviews and share legitimate opinions. We believe that this empowers people to learn from each other and effectively search for products which perfectly meet their needs.
III. Using the Crrowd Platform
1. Who can use it.
The use of the Crrowd Platform by anyone under 13 years of age is prohibited. You guarantee that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms and affirm that they accept this agreement on your behalf and bear responsibility for your use. If you are accepting these Terms on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this agreement.
In order to create a profile on the Crrowd Platform, you should:
a) properly complete the registration form
b) accept Crrowd's regulations by deselecting the appropriate selection button
c) confirm the registration by clicking the activation link sent to your email address
3. Technical conditions of using Crrowd Platform
A prerequisite for using the Crrowd Page is the possession of a device enabling access to the Internet, including a program for browsing its resources, accepting cookies and e-mail accounts. For the proper functioning of the Crrowd Page, it is recommended that you use one of the following browsers: Firefox, Opera, Chrome and Safari for Mac OS X (in their latest versions). The versions of the browsers which are older than current versions may not be fully supported.
If you use unusual or not commonly used technical or IT solutions, the Crrowd Platform may not be available for you.
For using the Crrowd Mobile Application it is required for you to have an appropriate mobile device with Android operating system and to correctly install the Crrowd Mobile Application distributed through the Google Play Store, in the device's memory.
5. Community Guidelines
In your interaction with others on the Crrowd Platform you agree to follow Community Guidelines at all times.
If you decide to resign from using the Crrowd Platform please contact us at firstname.lastname@example.org. At your request, within a maximum of 30 days, we will delete your personal data, such as username, email and profile picture from all the public visibility on a Crrowd Platform and our databases and it may not be restored by us, even if you change your mind. Please keep in mind that all of your public activities, such as questions, answers and star ratings might remain online but will be anonymized.
We may terminate or suspend your Crrowd account if you violate any Crrowd policy or for any other reason.
We reserve the right to close the Crrowd Platform and completely stop providing services, without giving reasons, after informing you of such a decision.
7. Changes to the Crrowd Platform
We are constantly working to improve your experience on the Crrowd Platform. We may need to add or change features and may do so without notice to you.
While getting acquired is not the primary goal of Crrowd, we maintain the right to engage in merger or acquisition processes in the future, which would lead to the transfer of your data to a third party.
IV. Yours rights and obligations
1. You can only have one Crrowd Platform account and you cannot share an account with other people or use accounts belonging to other people. You are required not to disclose your account password to any third party. If you violate the provisions of the previous sentences, regardless of the possibility of blocking your Account, we will be entitled to delete Your Content without notifying you.
2. You are not allowed to do anything that may impedes or disrupts the operation of the Crrowd Platform. In case of violation of this rule, Crrowd has the right to terminate or suspend your account.
3. As a user of the Crrowd Platform you are obligated in particular to:
a) act in compliance with our Terms and other Crrowd policies,
b) act with compliance with the generally applicable laws and ethic rules,
c) respect other users and their rights and the rights of third parties,
d) refrain from any activities that could impede or disrupt the operation of the Crrowd Platform, as well as destroying, changing, removing, damaging, hindering access to other users' accounts.
4. By posting personal data and Your Content, including photos, you confirm that those materials are true and do not infringe any third party’s rights, in particular property copyrights and image protection rights. If you publish content presenting or referring to third parties or other users, you declare that you have obtained the consent of these people to place this content.
5. It is prohibited to use the Crrowd Platform in a manner inconsistent with its purpose. In particular, it is prohibited to post content which violates generally applicable law or ethic rules, including content and photos:
a) of an erotic, pornographic, obscene nature,
b) content generally considered vulgar and offensive,
c) depicting or promoting violence, fascism, racism, hatred, discrimination (racial, cultural, ethnic, religious or philosophical etc.),
d) violating personal rights or insulting the dignity of others,
e) illegal data collection, viruses and publications of any other materials similar in content and operation,
f) violating the right to privacy or suspected of violating the right to privacy,
g) texts and photos containing materials protected by others’ copyright,
h) photos of documents, credit cards and personal financial information.
6. You further understand and acknowledge that in using the Crrowd Platform, you may be exposed to content that is factually inaccurate or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such content.
V. Your Content
1. Definition of Your Content.
The Crrowd Platform enables you to add questions, answers, photos, comments and more. All material that you publish or display to others via the Crrowd Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Crrowd Platform, Your Content may be viewed by the general public. Those components of Your Content which are expressions of creative activity of an individual nature may be the subject of copyrights. Make sure that by posting Your Content you don't violate copyrights of third parties.
2. Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property of Your Content, subject to the non-exclusive rights granted below.
3. License and Permission to Use Your Content.
By posting Your Content on the Crrowd Platform, you grant Crrowd a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Crrowd Platform or the promotion, advertising or marketing of the Crrowd Platform, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for Crrowd to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Crrowd for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the Crrowd Platform or through other media or distribution methods. This license also includes the right for other users of the Crrowd Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to the Terms. Except as expressly provided in these Terms, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works.
You acknowledge and agree that Crrowd may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Crrowd, its users, or the public.
You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Crrowd Platform or in violation of Terms.
4. Your Responsibilities for Your Content.
By posting Your Content on the Crrowd Platform, you represent and warrant to us that Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Terms, other published Crrowd policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person due to Your Content.
You are solely responsible for Your Content. Crrowd is not responsible for Your Content and does not endorse any opinion contained in any user content. You agree that if anyone brings a claim against Crrowd related to Your Content, then, to the extent permissible under local law, you will indemnify and hold Crrowd harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
VI. Our Content and Materials
1. Definition of Our Content and Materials.
All intellectual property in or related to the Crrowd Platform (specifically including, but not limited to our software, the Crrowd marks, the Crrowd logo, but excluding Your Content) is the property of Crrowd, or content posted by other Crrowd users licensed to us (collectively “Our Content and Materials”).
All data Crrowd collects (“Data”) about the use of the Crrowd Platform by you or others is the property of Product Crrowd GmbH, its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
3. Our License to You.
We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Crrowd Platform in connection with your use of the Crrowd Platform, subject to the terms and conditions of this agreement.
Crrowd gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and Conditions and provided that: (a) the user who created the content has not explicitly marked the content as not for reproduction on the Crrowd Platform; (b) you do not modify the content; (c) you attribute Crrowd by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on https://crrowd.com on every page that contains Our Content and Materials; (d) upon request, either by Crrowd or a user, you remove the user's name from content which the user has subsequently made anonymous; (e) upon request, either by Crrowd or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Crrowd Platform; and (f) upon request, either by Crrowd or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Crrowd Platform; (h) you don’t republish more than a small portion of Our Content and Materials; (i) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Crrowd, or any Crrowd user, without separate, express prior written permission from us.
We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Crrowd Platform or to remove content. Except for the rights and license granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
4. Permitted uses
If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Crrowd Platform only with the written consent of Crrowd.
You acknowledge and agree that Our Content and Materials remain the property of Crrowd's users or Crrowd. The content, information and services made available on the Crrowd Platform are protected by EU. and international laws, and you acknowledge that these rights are valid and enforceable.
VII. Warranty disclaimer
You understand and agree that the Crrowd Platform is provided “as is” and “as available,” without express or implied warranty or condition of any kind. Crrowd makes no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Crrowd gives no warranty that the Crrowd Platform is free of malware or other harmful components. In addition, Crrowd makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for user content.
No advice or information whether oral or in writing obtained by you from Crrowd shall create any warranty on behalf of Crrowd.
Without limiting the foregoing, nothing in this section shall have the effect of limiting Crrowd's liability in the event of total or partial non-performance or inadequate performance of its essential obligations for providing the service. This section applies to the fullest extent permitted by applicable law.
This section does not affect your statutory rights as a consumer.
You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Crrowd Platform is to uninstall the Crrowd Mobile Application and to stop using the Crrowd Page.
In no event will Crrowd, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:
a) any loss or damage (including any indirect, special, incidental, punitive or exemplary, damages) which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might;
b) any: loss of use, loss of data, loss of business, loss of profits;
c) damage to devices, to the extent you could have avoided such damage by following our advice to apply updates to the services or content or if such damage is caused by you failing to correctly follow installation instructions or have in place the minimum system requirements advised by us. In all cases arising out of the use of or inability to use the Crrowd Platform, regardless of legal theory, without regard to whether Crrowd has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose;
d) non-performance or inadequate performance of Crrowd Platform caused by force majeure or any cause which is not reasonably foreseeable or beyond Crrowd's reasonable control.
Nothing in the agreements removes or limits Crrowd’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
This section applies to the fullest extent permitted by applicable laws. You may have rights under applicable laws in your jurisdiction which provides for remedies in addition to those set out above.
IX. Dispute Resolution
All the actions arising out of your use of the Crrowd Platform will be governed by the laws of the Federal Republic of Germany without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the Crrowd Platform will be brought solely in Berlin, Germany and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 10,000 EUR, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration;
b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;
c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Crrowd Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Crrowd Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
XI. Contact us
Product Crrowd GmbH
c/o Factory Works GmbH,
12435 Berlin, Germany,