Terms of Service
These Terms of Service ("Terms") govern your access to and use of our services, including our various websites, email notifications, and applications, (our "Services" or “Crowd54” or “Crowd54 Team”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our platform (collectively referred to as "Content"). Your access to and use of our services are conditioned on your acceptance of and compliance with these terms. By accessing or using our services you agree to be bound by these terms.
1. Basic Terms
You are responsible for your use of our services, for any content you post on or through our website, and for any consequences thereof. The content you submit, post, or display may be viewable by other users of our services and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms.
You may use our services only if you can form a binding contract with Crowd54 and are not a person barred from receiving services under the laws of Nigeria or other applicable jurisdiction. If you are accepting these Terms and using our 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 our services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Our services that Crowd54 provides are always evolving and the form and nature of our services may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing any or all of our services (or any features within the services we offer) to you or to users generally and may not 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 Crowd54 is subject to our privacy policy, which governs our collection and use of your information. You understand that through your use and access of our services you consent to the collection and use of this information as set forth in the privacy policy, including the transfer of this information to the United States and/or other countries for storage, processing and use by Crowd54. As part of providing you our services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password that you use to access our 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. Crowd54 cannot and will not be liable for any loss or damage arising from your failure to use secure passwords or your inability to protect your password from third-party.
4. Content on our Website
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 on or through our website or any of its services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted on or through our website 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 on or through our website or endorse any opinions expressed through our services. You understand that by using our website, 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 we 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 our services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through our website. By submitting, posting or displaying Content on or through our website, you grant us 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).
PS: This license is you authorizing us to make your posts available to the rest of the world and to let others do the same.
You agree that this license includes the right for Crowd54 to provide, promote, and improve its services and to make Content submitted to or through the website available to other companies, organizations or individuals who partner with Crowd54 for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Crowd54, or other companies, organizations or individuals who partner with Crowd54, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through our services.
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.
You are responsible for your use of our services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Crowd54 will not be responsible or liable for any use of your Content by Crowd54 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 our Services
Crowd54 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Crowd54 as part of our services. This license is for the sole purpose of enabling you to use and enjoy the benefit of our services as provided by Crowd54, in the manner permitted by these Terms.
7. Crowd54 Rights
All right, title, and interest in and to our services (excluding Content provided by users) are and will remain the exclusive property of Crowd54 and its licensors. The Services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. Nothing in the Terms gives you a right to use the Crowd54 name or any of the Crowd54 trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Crowd54, or our 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 our Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on our services, to suspend or terminate users, and to reclaim usernames without liability to you. 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 Crowd54, its users and the public.
PS: Crowd54 does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using our services: (i) access, tamper with, or use non-public areas of our services, Crowd54’s computer systems, or the technical delivery systems of Crowd54’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 our services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Crowd54 (and only pursuant to these terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Crowd54 (NOTE: crawling our platform website is permissible if done in accordance with the provisions of the robots.txt file, however, scraping our platform website without the prior consent of Crowd54 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 our 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 our services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on our services.
9. Copyright Policy
Crowd54 respects the intellectual property rights of others and expects users of our 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, Crowd54 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 our platform is: copyright@icrowd54.com
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Crowd54 as follows.
You may end your legal agreement with Crowd54 at any time for any reason by deactivating your accounts and discontinuing your use and access of our services. You do not need to specifically inform Crowd54 when you stop using our services. If you stop using our 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 our services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Crowd54 Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of our 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 attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use our services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Crowd54’s rights to change, limit or stop the provision of our 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 Crowd54 and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Crowd54 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 our services or any content are at your own risk. You understand and agree that our 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 Crowd54 ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Crowd54 Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our 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 our services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our platform; and (iv) whether our 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 Crowd54 Entities or through our services, will create any warranty not expressly made herein.
B. Links
Our platform may contain links to third-party websites or resources. You acknowledge and agree that the Crowd54 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 Crowd54 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
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Crowd54 ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) 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; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Crowd54 ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Crowd54, IF ANY, IN THE PAST THREE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Crowd54 ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
a. Waiver and Severability
The failure of Crowd54 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 Nigeria without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with our services will be brought solely in the federal or state courts located in Nigeria, 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 Crowd54 Rules and our Privacy Policy are the entire and exclusive agreement between Crowd54 and you regarding our services (excluding any services for which you have a separate agreement with Crowd54 that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Crowd54 and you regarding our services.
We may revise these Terms from time to time, the most current version will always be at icrowd54.com/tos. If the revision, in our sole discretion, is material we will notify you via @crowd54 update or e-mail to the email associated with your account. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
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