Crowdless's Terms and Conditions

  1. Introduction

1.1    These terms and conditions shall govern your use of our website and application.

1.2    By using our application, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website and application.

1.3    If you register with our service, submit any material to our service or use any of our services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 12 years of age to use our service; by using our service or agreeing to these terms and conditions, you warrant and represent to us that you are at least 12 years of age.

  1. Definitions

1.1    For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named Crowdless.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Lanterne, 85 Great Portland Street, First Floor, London, W1W 7LT, United Kingdom.

Country refers to: United Kingdom

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Application or the Website or both.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Crowdless, accessible from www.crowdlessapp.co

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  1. Copyright notice

3.1    Copyright (c) Lanterne Ltd.

3.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website or application; and

(b)    all the copyright and other intellectual property rights in our website and application and the material on our website and are reserved.

  1. Permission to use service

4.1    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or application.

4.2    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our service (including republication on another website);

(b)    sell, rent or sub-license material from our service;

(c)    show any material from our service in public;

(d)    exploit material from our service for a commercial purpose; or

(e)    redistribute material from our service.

4.7    We reserve the right to suspend or restrict access to our service, to areas of our website and application and/or to functionality upon our website and application. We may, for example, suspend access to the service. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website or application.

  1. Misuse of website

5.1    You must not:

(a)    use our service in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the service;

(b)    use our service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website or application;

(d)    probe, scan or test the vulnerability of our website or application without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our service;

(f)    use our service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website or application resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website or application without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)    access or otherwise interact with our website or application using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our service except by means of our public interfaces;

(m)   use data collected from our website or application for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)    do anything that interferes with the normal use of our website or application.

5.2    You must not use data collected from our website or application to contact individuals, companies or other persons or entities.

5.3    You must ensure that all the information you supply to us through our website or application, or in relation to our service, is true, accurate, current, complete and non-misleading.

  1. Registration and accounts

6.2    You may register for an account with our service by completing and submitting the account registration.

6.3    You must not allow any other person to use your account to access our service.

6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5    You must not use any other person’s account to access the service, unless you have that person’s express permission to do so.

  1. User login details

7.2    Your user ID must not be liable to mislead and you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website or application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time in our sole discretion with or without notice to you.

8.2    We will usually cancel an account if it remains unused for a continuous period of 18 months.

8.3    You may cancel your account on our website or application.

  1. Limitations and exclusions of liability

9.1    You agree that your use of the service shall be at your own risk.

9.2    To the fullest extent permitted by law, the Company, its directors, officers, employees, agents, and representatives disclaim all warranties, express or implied, in connection with the service and its use thereof.

9.3    You acknowledge and agree that the content you have access to in the service is the result of the process of data submitted by other users of the service. The accuracy of the data and their authenticity cannot be guaranteed.

9.4    You release the Company from all liability for you having accessed or not accessed content through the application. the Company makes no representations concerning any content contained in or accessed through the service, and will not be responsible or liable for the accuracy, copyright, trademark or any other intellectual property law compliance, legality or decency of material contained in or accessed through the service.

9.5    The Company makes no warranties or representations about the accuracy or completeness of the application or website, or the content and data contained in third party services, and assumes no liability or responsibility for any harm, loss or damage resulting from the:

(a) use of the application or website; use of content and/or data contained in or accessed through the application; errors, mistakes, inaccuracies or omissions in any content or data contained in, made available or accessed through the application; completeness, accuracy, availability, timeliness, security or reliability of the application and any content displayed thereon;

(b) temporary or permanent interruption or cessation of the services provided through the application or website; any viruses, bugs, worms, trojan horses, or the like, which may be transmitted by any third party to or through the application or website to your device (smartphone, tablet, computer, etc.); any content posted in any community area of the application or website;

(c) unauthorised disclosure of information, images or any other data resulting from the use of the application or website; non-compliance by third party services and/or their users with applicable laws and regulations.

9.6    The company does not warrant, endorse, guarantee, or assume responsibility for any product or services offered or advertised by a third party or a user through the application or any hyperlinked services or featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for any transaction between you and any third party providers of products or services.

9.7    For clarity, you agree that the Company has no fiduciary duty to you. In particular, the Company has no duty to take any action to control or otherwise supervise which users gain access to and cannot guarantee the identity of any other users with whom you may interact in the course of using the application or the authenticity of data provided by other users.

9.8    The Company has no control whatsoever over the content of third party services you access via the website or application, and therefore cannot be held liable and assumes no responsibility for any use or interpretation of the content by you, for any effect the content may have on you, or for any action you may take as a result of having been exposed to the Content.

9.9    The Company acts as a technical intermediary and does not verify neither control the authenticity of the content provided by other users and/or third parties and displayed by the application.

9.10  In no event shall the Company, its directors, officers, shareholders, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever resulting from any:

(a) use of or inability to access or use the service;

(b) use of information or content contained in or accessed, or obtained, through the service;

(c) errors, mistakes, inaccuracies or omissions in any content contained in, made available or accessed through the service;

(d) any viruses, bugs, worms, trojan horses, or the like, which may be transmitted to or through the application by any third party to your computer system;

(e) any content posted by users or third parties in any community area of the application; unauthorized disclosure of information, images or any other data resulting from the use of the service;

(f) any conduct or content of any third party on the application, including without limitation, any defamatory, offensive or illegal conduct of other users or third party, or any unauthorized use of copyright, trademark or any other intellectual property rights by any third party services and/or their users.

 

  1. Indemnification

10.1  To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its directors, officers, employees, agents, and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including costs and attorneys’ fees, arising from any claim or demand made by any third party due to or arising out of:

(a) your access to or use of the service;

(b) your violation of any of these terms;

(c) your infringement, or the infringement by any third party using your registration information, of any third party right, including without limitation any copyright, property;

(d) any claim that your use of the application caused damage to a third party.

10.2   This indemnification obligation will survive these terms of use and your use of the application.

  1. Breaches of these terms and conditions

11.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our service;

(c)    permanently prohibit you from accessing our service;

(d)    block computers using your IP address from accessing our service;

(e)    contact any or all of your internet service providers and request that they block your access to our service;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website and/or application.

11.2  Where we suspend or prohibit or block your access to our website, application or a part thereof, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account.

  1. Variation

12.1  We may revise these terms and conditions from time to time.

12.2  The revised terms and conditions shall apply to the use of our service from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

12.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website and/or application, and you must stop using the website and/or application.

  1. Assignment

13.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

13.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

14.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

14.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

15.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

15.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

16.1  These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

17.1  These terms and conditions shall be governed by and construed in accordance with English law.

17.2  All claims, legal proceedings or litigation arising from or relating to the subject matter of these Terms shall be brought in England or Wales, United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection thereto.