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Website Terms of Use

This website is owned by Crowdsurfer Ltd.  We are a limited company registered in England under company number 08321670 whose registered office is at Salisbury House, Station Road, Cambridge CB1 2LA, United Kingdom.

Use of this website is subject to these terms of use.  If you do not accept these terms of use, you are not authorised to use or continue using this website.

We may amend these terms of use at any time and the revised version will be effective immediately when it is displayed here.

If you have any comments or questions concerning these terms of use, please contact us by email at hello@crowdsurfer.com.

We own or are licensed to use all intellectual property rights in and to this website, its content and all technical infrastructure relating to it.

In accessing any part of this website, you agree:

  • not to use this website in such a way that disrupts, interferes with or restricts the use of this website by other users;
  • not to upload, display or transmit any materials through this website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
  • not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this website or attempt to transmit to or via this website any information that contains a virus, worm, Trojan horse or other harmful or disruptive component; and
  • not to change, modify, delete, interfere with or misuse data contained on this website and entered by or relating to any third party user of this website.

Material contained in this website may be downloaded, viewed and printed for personal use or internal circulation within your organisation provided that no trade mark, copyright or other proprietary notices contained in or appearing on such material are removed in whole or in part.  Material contained in this website may not otherwise be copied, reproduced or redistributed in whole or in part without our prior written consent.  In particular it must not be reproduced or exploited for commercial gain.  We reserve all other rights in this website and its content.

If you supply us with personal details through this website, you consent to us maintaining, recording, holding and using such personal data in accordance with our privacy policy.

Owing to the nature of the Internet, we cannot guarantee that this website or the websites to which it is linked will always be available to you.  You should ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet.

Although every reasonable effort has been made to ensure that the information on this website was accurate at the time of publication, this website and any information or other material contained in it are made available strictly on the basis that you accept it on an ‘as is’ and ‘as available’ basis.  Where you rely on any information or other material contained in this website, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of this website are excluded to the fullest extent permitted by law.

We exclude all liability whatever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from any non-availability or use of this website or of any other website linked to it, or from reliance on the contents of this website or any material or content accessed through it.

Links from this website are provided for information and convenience only and we have no control over and cannot therefore accept responsibility or liability for the content of any linked third party website.

This website has been designed and these terms of use shall be governed by and construed in accordance with English law.  Any dispute arising out of the accessing or use of this website shall be subject to the non-exclusive jurisdiction of the English courts.

 

Data Terms of Use

By accessing the Data or using the Log-in, you agree to be bound by these terms and conditions (“Data Terms of Use”).

 

Nothing on the Website constitutes financial, investment or other advice.  Crowdsurfer does not provide recommendations or promotions or endorsements to transact on any single or group of projects or platforms referred to in the Data.

 

TERMS AND CONDITIONS

 

1.  Interpretation

 

1.1 These definitions apply in these Data Terms of Use:

 

Agreement” means these Data Terms of Use and the Licence Terms.

 

Authorised Users” means your officers, employees, agents and independent contractors who require access to the Data for your internal business purposes.

 

Confidential Information” means any information in whatever form which is marked as confidential or which, by its nature or the circumstances of its disclosure, ought to be treated as confidential.

 

Crowdsurfer” means Crowdsurfer Ltd registered in England and Wales under company number 08321670.

 

Data” means the data or information (in whatever form) incorporated into the Database.

 

Database” means the database compiled by Crowdsurfer to record data and information on the crowd economy (as updated from time to time).

 

Effective Date” means the date on which your representative clicks to agree, or first otherwise agrees, to the terms of the Agreement.

 

Fault” means a demonstrable fault, error or other problem with the Data, or with access to the Data and/or the Website, which is capable of replication by Crowdsurfer.

 

Licence” means the licence granted by Crowdsurfer to you pursuant to the Licence Terms to Use the Data and exercise certain other rights.

 

Licence Terms” means the written terms agreed between you and Crowdsurfer governing the grant of a Licence from Crowdsurfer to you, including any “Crowdsurfer data licence” and any Crowdsurfer “subscription agreement”.

 

Log-in” means the application programming interface (API) key or the dashboard user identification and password required to access the Database and the Data.

 

Normal Business Hours” means 9.00 am to 5.00 pm local UK time on any day which is not a Saturday, Sunday or public holiday in the UK.

 

Fee” means the agreed fee payable by you to Crowdsurfer, or if not applicable, the relevant standard Crowdsurfer fee.

 

Use” means access, view, search, combine, aggregate and/or manipulate.

 

Website” means www.crowdsurfer.com or any other website notified to you by Crowdsurfer from time to time.

 

you” means the organisation entering into the Agreement with us (and “your” shall be construed accordingly).

 

1.2 References to clauses are to the clauses of the Agreement.  Clause headings do not affect the interpretation of the Agreement.

 

1.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.  A reference to a company includes any company, corporation or other body corporate, wherever and however incorporated or established.

 

1.4 Words in the singular include the plural and vice versa.  A reference to one gender includes a reference to the other genders.

 

1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

 

1.6 The words “include”, “includes” and “including” and words of similar effect must be construed as if they were immediately followed by the words “without limitation”.

 

 

2 Access to the Data

 

2.1 Crowdsurfer will provide you with a Log-in on the Effective Date to enable you and your Authorised Users to access the Data.

 

2.3 Your Log-in is confidential and you must not disclose it to any person or party other than your Authorised Users.  You must inform your Authorised Users of the confidential nature of the Log-in.  You must notify Crowdsurfer promptly if any Log-in details are disclosed to any person other than your Authorised Users.  You must notify Crowdsurfer if you become aware of anything that may compromise the security and/or operation of the Log-in and/or the Data.

 

2.4 You are responsible for all activities that occur under your Log-in regardless of whether these activities are undertaken by an Authorised User or any third party. You acknowledge and accept that Crowdsurfer will collect information about use of the Website and the Database made using your Log-in. This includes details of visits to the Website and Database made using your Log-in including, but not limited to, traffic data, location data and other communications data, and the areas of the Website and Database that are accessed. Crowdsurfer may also collect information about the computer used to access the Website and Database through your Log-in, including IP address, operating system and browser, to improve Crowdsurfer’s service.

 

2.5 Crowdsurfer is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.  You acknowledge that the Data may be subject to limitations, delays and other problems inherent in the use of these communications facilities.

 

2.6 If a Fault occurs, you may contact Crowdsurfer via email giving notice of the Fault (including a summary of the nature and circumstances of the Fault). Crowdsurfer will respond during Normal Business Hours and use reasonable endeavours to resolve the Fault within a reasonable time.

 

2.7.Within seven days after termination or expiry of the Agreement (by either party for whatever reason) you must delete all copies of the Data in your possession and you must certify in writing to Crowdsurfer that you have complied with this obligation.

 

 

3 Restrictions on use of the Data

 

3.1 You must ensure that neither you nor your Authorised Users:

 

3.1.1 provide access to the Data to anyone other than the Authorised Users;

 

3.1.2 compete with any service offered by Crowdsurfer through your Use of the Data and/or the Database (or any copy of them);

 

3.1.3 disrupt, interfere with or restrict the use of the services provided by Crowdsurfer through the Website;

 

3.1.4 probe, scan or test the vulnerability of the Database and/or the Website or attempt to circumvent or hack any user authentication or security controls;

 

3.1.5 attempt to transmit any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;

 

3.1.6 provide, attempt to obtain, or assist others in obtaining access to the Data, except as permitted by the Agreement.  This excludes end users that are accessing the results of your Use of the Data for your internal business purposes;

 

3.1.7 change, modify, delete, interfere with or misuse any files or other data provided on the Crowdsurfer Website or through the Database; or

 

3.1.8 use the Data in contravention of any applicable law.

 

4 Accuracy of the Data and use of Third Party Sites

 

4.1 The Database has been compiled using Data obtained from third party sources.  As a result:

 

4.1.1 Crowdsurfer warrants that it has not modified or altered the Data obtained from third party sources; but

 

4.1.2 Crowdsurfer cannot and does not warrant that Data is complete, accurate, reliable, useful, fit for purpose or timely.

 

4.2 The Website contains links to third-party websites. Whilst Crowdsurfer tries to ensure the links are to reputable sites, Crowdsurfer has no control over the content of third-party websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge that you (and your Authorised Users) access and use third-party websites from our Website at your own risk.

 

4.3 From time to time Crowdsurfer may enter into service agreements with third parties. These agreements may allow third parties to retrieve data made available by users, for example social media applications.

 

4.4 If clicking on a link on the Crowdsurfer Website takes you to a third-party website, you will be bound by the terms and conditions of that third-party website.  Please make sure that you agree with the terms of the website on first entering the website.  If you do not agree to those terms, please contact the third-party website and/or cease using the website.

 

 

5 Proprietary rights

 

5.1 You acknowledge and agree that Crowdsurfer (and/or its licensors) owns all intellectual property rights in the Data and the Database.  Except as expressly stated, the Agreement does not grant you any right to copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), patents, or any other rights or licences in the Website, Data or the Database.

 

6 Audits

 

6.1 You permit Crowdsurfer to audit the use of the Data by you and/or the Authorised Users to ensure compliance with the Agreement.  This does not entitle Crowdsurfer to access your confidential intellectual property or financial, payroll, personnel or other confidential records that do not relate directly to the Data and/or the Agreement.  This right can only be exercised by Crowdsurfer by giving you reasonable prior notice.

 

6.2 If Crowdsurfer becomes aware that you have breached any of your obligations under the Agreement, Crowdsurfer has the right immediately to suspend your access to the Data until the breach has been remedied to Crowdsurfer’s satisfaction. If your access has been suspended or terminated by Crowdsurfer, you must not re-register for, or re-access the Data without prior written consent.

 

6.3 If any unauthorised use is made of the Data and this is attributable to your act or default (or that of any Authorised User) then, without prejudice to Crowdsurfer’s other rights and remedies, you will immediately be liable to pay Crowdsurfer an amount equal to the Fee that Crowdsurfer would have charged had this use been pre-authorised, together with interest charged from the first date of the unauthorised use to the date of payment.

 

 

7 Confidentiality

 

7.1 Each party may be given access to Confidential Information from the other party under the Agreement.  A party’s Confidential Information does not include information that:

 

7.1.1 is or becomes publicly known other than through any act or omission of the receiving party;

 

7.1.2 was in the other party’s lawful possession before the disclosure;

 

7.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or

 

7.1.4 is independently developed by the receiving party, and the independent development can be shown by written evidence.

 

7.2 Each party will hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the information for any purpose other than the implementation of the Agreement.

 

7.3 Each party will take all reasonable steps to ensure that the other’s Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of the Agreement.

 

7.4 The restrictions in this clause do not prevent the production or disclosure of Confidential Information to the extent required by applicable laws (including, where applicable, the Freedom of Information Act 2000), regulations or a court order.  In this case, the disclosing party will give the other party reasonable notice in writing of the required production or disclosure of the Confidential Information, where permitted by law, so that the other party has an opportunity to defend or apply to limit or protect the Confidential Information from production or disclosure.

 

7.5 This clause survives termination of the Agreement, however arising.

 

8 Publicity

 

8.1 From time to time, Crowdsurfer likes to include details of its clients in Crowdsurfer’s publicity materials.  You hereby grant Crowdsurfer a worldwide, non-exclusive, royalty-free licence to use your name and logo in any promotional literature, publications or advertising material, including any website or other online services, for the purpose of publicising your use of the Data (to promote Crowdsurfer’s business).  Crowdsurfer will use reasonable endeavours to ensure that its use of your name and logo complies with any style guides or other instructions issued by you to Crowdsurfer.

 

9 Limitation of liability

 

9.1 This clause sets out the entire financial liability of Crowdsurfer (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:

 

9.1.1 arising under or in connection with the Agreement;

 

9.1.2 in respect of any use made by you of the Database, the Data or any part of the Database or the Data; and

 

9.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement.

 

9.2 Except as expressly and specifically provided in the Agreement:

 

9.2.1 you assume sole responsibility for results obtained from your Use of the Data, and for conclusions drawn from such Use.  Crowdsurfer has no liability for any damage caused by errors or omissions in any Data provided to you by Crowdsurfer;

 

9.2.2 except for the warranty provided in clause 4.1.1, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Agreement; and

 

9.2.3 the Data are provided to the Customer on an “as is” basis.

 

9.3 Nothing in the Agreement excludes the liability of either party for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.

 

9.4 Subject to clause 9.2 and clause 9.3:

 

9.4.1 Crowdsurfer shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under the Agreement; and

 

9.4.2 Crowdsurfer’s total aggregate liability for any one claim, or series of linked claims, in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the Agreement shall be limited to the sum of the Fee for the Licence for the 12 months immediately preceding the date on which the claim arose.

 

9.5 If any of the limitations on Crowdsurfer’s liability under the Agreement are adjudged to be unreasonable in the circumstances, then the limitation will be increased to the amount that Crowdsurfer can recover from its insurer for the loss in question.

 

10 General

 

10.1 The Agreement does not prevent Crowdsurfer from entering into similar agreements with third parties, or from independently developing, using, selling or licensing the Data and/or services which are similar to those provided under the Agreement.

 

10.2 The failure or delay of Crowdsurfer to exercise or enforce any right under the Agreement does not operate as a waiver of that right or preclude the exercise or enforcement of the Agreement.

 

10.3 Neither party is liable for any delay in or for failure to perform its obligations under the Agreement, other than an obligation to make any payment due to the other party, if that delay or failure is caused by circumstances beyond the control of that party.  These circumstances include fires, strikes, insurrection, riots, embargoes, or the regulations of any civil or military authority.

 

10.4 The Agreement constitutes the entire understanding between the parties with respect to the subject matter of the Agreement and except as expressly stated in the Agreement, supersedes and replaces all prior agreements, negotiations and discussions between the parties.  You confirm that you have not been induced to enter into the Agreement by any representation, warranty, or undertaking not expressly incorporated into it.  However, nothing in the Agreement purports to exclude liability for any fraudulent statement or act.

 

10.5 No variation of the Agreement is valid unless it is in writing and signed by an authorised representative of each of the parties.

 

10.6 You are not entitled to assign or sub-contract the Agreement nor any of its rights or obligations hereunder nor to grant sub-licences to any party other than an Authorised User.

 

10.7 The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement, and nothing in the Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of the Agreement or operate to give any third party the right to enforce any term of the Agreement.

 

10.8 If any provision of the Agreement is held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the provision or part will be severed from the Agreement and rendered ineffective as far as possible. This does not modify or affect the legality, validity or enforceability of the remaining provisions of the Agreement which will remain in full force and effect.

 

10.9 Any notice to be given under the Agreement will be in writing and will be delivered by hand, sent by first class post or sent by email to the address of the other party set out in the Agreement (or such other address as may have been notified including through the Website).  Notices or other documents will be deemed to have been served: if delivered by hand - at the time of delivery; if sent by post - upon the expiration of 48 hours after posting; and immediately if sent by email.

 

10.10 The Agreement and any disputes or claims arising out of or in connection with it or its subject matter (including any non-contractual disputes or claims) is governed by and construed in accordance with English law.  Each party irrevocably submits to the exclusive jurisdiction of the English Courts.

 

11 Term and termination

 

11.1 The Agreement will commence on the Effective Date and, unless terminated earlier in accordance with these Data Terms of Use, will continue until such time as your Licence expires or is otherwise terminated in accordance with the Licence Terms or any other agreement between you and Crowdsurfer.

 

11.2 The Agreement may be terminated immediately by either party if the other commits a material or persistent breach of any term of this agreement and that breach is not remedied within 30 days of written notice being given. Where a breach cannot be remedied, the terminating party is entitled to terminate the Agreement with immediate effect.

 

11.3 The Agreement may be terminated if an interim order is made, or a voluntary arrangement approved, or if a petition for bankruptcy order is presented or a bankruptcy order is made against the other party or if a receiver or trustee is appointed of the other party’s estate or a voluntary arrangement is approved or a notice is served of intention to appoint an administrator or an administrator is appointed by court order or by any other means, or a receiver or administrative receiver is appointed over any of the other party’s assets or undertaking or a resolution or petition to wind up the other party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation), or if any circumstances arise which entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding up petition or make a winding up order or any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the above events.

 

11.4 Upon termination or expiry of the Agreement, all licences granted will immediately terminate and the Log-in supplied to you will expire and cease to operate.  Any provision of the Agreement which expressly or by implication is intended to survive termination of the Agreement will remain in full force and effect.

 

11.5 Any termination of the Agreement will be without prejudice to any other rights or remedies either party may be entitled to under the Agreement or at law.

 

 

 

END