Terms of Service
Welcome to Lifecrowd, a community marketplace to learn anything from anyone. Lifecrowd.com is operated by 310 Labs, Inc., a Delaware corporation ("We", "Us" or "Lifecrowd").
Last revised and updated on October 31, 2012.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Acceptance of Terms of Service
By using Lifecrowd.com ("Service"), completing the registration process, agreeing to offer your Activities through the Service or by otherwise accessing or using this website service, you agree to be bound by all of these terms and conditions ("Terms of Service").
We may update the Terms of Service at any time. It is your responsibility to review the most recent version of the Terms of Service and remain informed about any changes. Any new features to the current Service, as well as any other changes to the current Service, shall be subject to the Terms of Service. Your use of the Service after any such changes shall constitute your consent to such changes. If any change to this Terms of Service is not acceptable to you, please do not access and/or use Lifecrowd.com.
Description of Service
Lifecrowd offers a variety of activities, amenities and/or services (collectively, "Activities") through its website ("Lifecrowd.com") that allows hosts ("Sellers") to collect activity registration fees from registered Crowders ("Buyers"). Payments from Buyers are transacted through PayPal and/or via credit card to Lifecrowd and remitted to the Seller in accordance with his Agreement. Buyers may elect to purchase Activities from Sellers, and Lifecrowd may facilitate communications between Buyers and Sellers, but all agreements and transactions for the purchase of such Activities and any ensuing interactions are directly between the Buyer and Seller.
Lifecrowd merely provides a platform that allows people seeking an Activity to connect with Sellers. Lifecrowd does not control or guarantee the quality or safety of any aspect of the Activities listed on the Service, the conduct of Buyers, or the ability of Sellers to provide Activities. However, for certain activities, Lifecrowd may act as the Seller and the obligations of Seller set forth herein will apply to Lifecrowd. For more information, please visit www.lifecrowd.com.
We may partner with corporate entities, residential buildings or other groups (“Partners”) to make certain Activities available to Buyers associated with such Partner. You hereby acknowledge and agree – whether you are a Buyer or a Seller of any such Activities – that, unless we are acting as a Seller, neither we nor our Partners provide nor purchase such Activities nor are we responsible for the provision or non-provision of any such Activities. All purchases of Activities are directly between Buyers and Sellers.
- You must be 13 years or older to use this Service.
- You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your full legal name, valid email address, zip code, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Lifecrowd will not be liable for any loss or damage from your failure to comply with this security obligation.
- You agree to not upload any copyrighted, trademarked, or proprietary materials on Lifecrowd.com without the expressed permission of the owner.
- You agree to use Lifecrowd only for lawful purposes and agree to not use Lifecrowd in any way that will infringe upon the use of any other user.
Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. You acknowledge that Lifecrowd does not confirm any user’s purported identity. We do not investigate any user’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, whether as Buyers or Sellers.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- You Grant Us a License. By submitting any content (including, without limitation, any photograph, words, pictures, or symbols) to our site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose. You represent and warrant that you have sufficient rights to grant us this license.
- Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
- infringes the copyright, trademark, or other intellectual property rights of any person;
- is defamatory;
- contains nudity or sexually explicit content, or is otherwise obscene;
- may disparage any ethnic, racial, sexual, religious, or other group by steretypical depiction or otherwise;
- depicts individuals under 18 years of age;
- depicts or advocates the use of illicit drugs;
- makes use of offensive language or images;
- characterizes violence as acceptable, glamorous or desirable; or
- provides a link to any other websites.
- No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any comment that you post or submit.
- Third-Party Content. In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including, without limitation, profiles of other users of our Services.
- Name and Likeness. You irrevocably grant to us a perpetual, worldwide, non-exclusive, royalty-free right to use, publish, display, disseminate, perform, and disclose, in all forms of print, digital and electronic media, any name, image, picture and likeness of you obtained during or in connection with an Activity, as well as any reproductions or modifications thereof, for any and all advertising and other commercial purposes related to, in connection with or on behalf of our products and services (including posting, displaying, disseminating or performing on our website) without your review or approval. You waive any and all claims and causes of action against Lifecrowd or its affiliates for use of such name, image, picture or likeness, including but not limited to unauthorized use, violation of right of publicity or privacy, copyright or moral rights infringement, defamation, or being cast in a bad light.
Activities, Modifications, and Amendments
- You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book and pay for an Activity as a Buyer on Lifecrowd.com.
- The Activities offered on Lifecrowd.com are offered directly by the Seller. Lifecrowd and/or its Partners are not responsible or liable for any information on its Service listings or profiles. You are solely responsible for your interactions with other users of the Service. Lifecrowd will not be responsible for any damage or harm resulting from your interactions with other users of the Service, unless Lifecrowd is acting as the Seller. We reserve the right, but have no obligation, to monitor interactions or disputes between you and other users of the Service.
- All Activities offered on Lifecrowd.com are valid only for the specified date. Lifecrowd is not responsible for any changes or cancellations made to Activities by the Seller.
- Lifecrowd reserves the right to cancel or change any booked Activity at any time, for any reason.
- Lifecrowd does not supervise Activity venues and are not involved in any way with the actions of any individuals at these Activities. As a result, we have no control over the identity or actions of the individuals who are present at these Activities, and we request that our users exercise caution and good judgment when attending Activities.
- Lifecrowd reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.
- As a Buyer, you agree to: (a) comply with all local laws including participating in age-restricted events (e.g., be over 21 to attend an Activity with alcohol); (b) comply with the terms and conditions submitted on the Activity, including any Rules (defined below), without modification and without imposing any restrictions or additional charges or penalties that are not expressly stated in the Activity; and (c) arrive on time and at the stated location for redemption of the purchased Activity (no reschedules or credits will be offered). Buyer agrees and acknowledges that a Seller may refuse to provide an Activity for violation of the Rules without refund, or for any or no reason upon refunding the amount paid. If you are a Buyer, you provide to each Seller the covenants provided to Lifecrowd in this Section 7.
- By listing (or authorizing us to list) an Activity on Lifecrowd.com, you assume full responsibility for the content of the Activity offered.
- By listing (or authorizing us to list) an Activity on Lifecrowd.com, you understand that it is publicly available to be viewed and booked by any Buyer.
- By listing (or authorizing us to list) an Activity on Lifecrowd.com, you agree to honor any registrations through Lifecrowd.com at the price and time listed in the Activity.
- As a Seller, you will define the conditions of, and may supply the content and images to describe and illustrate, your Activity and its terms, by completing and submitting, or authorizing an agent to complete and submit, a listing agreement with us. Submission of a request does not obligate Lifecrowd to accept the request or any of its contents nor to promote the Activity, and is not binding on Lifecrowd until Lifecrowd actually promotes the Activity. You are responsible and liable for all Activity content and terms, and for our or any Buyer’s use or reliance on any of the foregoing. If we accept your request, we may promote the Activity using any method and through any medium that we deem appropriate in our sole discretion, including through e-mail, mobile applications and any other type of electronic interface or distribution channel owned, affiliated, controlled or operated by or through Lifecrowd. As a Seller, you agree to: (a) specify all generally applicable policies, restrictions and contractual arrangements (e.g., liability waivers required for all customers) applicable to the Activity prior to offering the Activity ("Rules"), and Lifecrowd will have no liability for the nature of your Rules or your failure to specify appropriate Rules; (b) provide the Activity without imposing restrictions or policies not listed in the Rules; (c) not accept gratuity or require additional payments in order to deliver promised Activity; (d) comply with all local laws and regulations in offering and providing your Activity (especially regarding safety and licensing requirements, food preparation, etc.); or (e) not solicit users to participate in an Activity off the platform or otherwise circumvent any fees that are paid or would be payable to Lifecrowd. You agree that unless you obtain the consent of any Buyer, you will use the personal information of the Buyer provided to you by Lifecrowd only to communicate with the Buyer about the Lifecrowd, and for no other purpose. If you are a Seller, you provide to each Buyer the covenants provided to Lifecrowd in this Section 4.
Payment and Fees
- A valid credit card or PayPal account may be required to purchase Activities.
- A full payment is required to register for an Activity on Lifecrowd.com. Partners may subsidize Activities for certain Buyers, but the Buyer is still the Buyer for purposes of these Terms of Service.
- If you are a Seller, Lifecrowd may retain a portion of the price paid by Buyers for each Activity on your behalf as compensation for providing the Service to you as set forth in the applicable listing agreement. All Activities booked, paid, and processed through Lifecrowd.com may be subject to processing and other fees. Unless otherwise agreed in writing by the Seller and Lifecrowd in the applicable listing agreement, the seller will be compensated either via a portion of the Seller's price of each Activity or will receive a flat rate in exchange for providing the Service.
- You will be responsible for paying any and all taxes applicable to any purchases or sales of Activities through the Service.
Cancellations and Refunds
- Lifecrowd is not responsible or liable for any permitted refunds for Activities for which it is not the Seller. Refunds and cancellations are managed by the Sellers who provide the booked Activities. In such situations, the Buyer and Seller must arrange and agree between themselves a suitable raincheck, make-good, or refund.
- You are responsible for properly canceling your Activity.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE AND ANY ACTIVITIES PROVIDED BY LIFECROWD AS A SELLER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE ACTIVITIES, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE ACTIVITIES, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ACTIVITIES, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY ACTIVITIES, PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES ORTYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the Seller of such merchandise and services and the Buyer. WE AND OUR PARTNERS MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Lifecrowd spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the Services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability for Use of Site
IN NO EVENT SHALL WE OR OUR PARTNERS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, , INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. UNDER NO CIRCUMSTANCES WILL WE OR OUR PARTNERS OR AFFILIATES BE LIABLE TO YOU FOR MORE THAN: (A) IF WE ARE ACTING AS THE SELLER, THE AMOUNT YOU PAID FOR THE APPLICABLE ACTIVITY UNDER WHICH THE CLAIM AROSE OR (B) IF WE ARE NOT THE SELLER, THE AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SERVICE IN THE THREE-MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNTS IN SUCH PERIOD, OUR SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TEN DOLLARS ($10.00).
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
YOU AND LIFECROWD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By using the Service as a Buyer, you acknowledge that you are voluntarily participating in certain recreational activities provided by the Seller of the Activity and that Lifecrowd and its Partners have no involvement in, or responsibility for, such Activity (unless Lifecrowd is the Seller of the Activity, in which case Lifecrowd’s sole responsibility will be that of a Seller). You further acknowledge and agree as follows:
I AM AWARE THAT WHILE PREPARING FOR, TRAVELING TO OR FROM, PARTICIPATING IN, OR PARTICIPATING IN ANY ACTIVITY AFTER, AN ACTIVITY, I COULD BE SERIOUSLY INJURED OR COULD INFLICT SERIOUS INJURY TO ANOTHER PERSON. I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF INJURY INCLUDING, WITHOUT LIMITATION, BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
Release and Waiver of Liability for Activities
As consideration for being permitted to use the Service and purchase or sell Activities, you, whether a Buyer or a Seller, on behalf of yourself, your assignees, heirs, distributees, guardians, next of kin, spouse, executors, administrators and representatives, hereby:
- Forever and irrevocably waive, discharge, release and hold harmless Lifecrowd, its Partners and Affiliates and each of their directors, officers, employees, volunteers, agents, contractors, affiliates and representatives (collectively, the "Released Parties") from any and all actions, claims, demands and damages, of any kind whatsoever, that you, and/or your assignees, heirs, distributees, guardians, next of kin, spouse, executors, administrators and representatives now have, or may have in the future, for injury including, without limitation, death, property damage or loss of any kind, related to (i) your participation in the Activities (unless Lifecrowd is the Seller of the Activity, in which case Lifecrowd’s sole responsibility will be that of a Seller), (ii) negligence or other acts, whether directly connected to the Activities or not, and however caused, whether by me or by another, (iii) any release, and (iv) the condition of the premises where any of the Activities occur, whether or not you are then participating in the Activity.
- Expressly agree to indemnify and hold harmless the Released Parties from any claims, losses, costs or expenses of any kind, including attorneys' fees, which the Released Parties may incur as a result of any lawsuit, claim or demand made by you and/or your legal representatives against the Released Parties related to any of the Activities.
- Covenant not to sue and agree to never initiate, or be a party to any lawsuit, claim, demand, prosecution or action of law or equity for any damages, relief, or compensation, which you may have by reason of injury, death, damage, or loss of any kind whatsoever relating to the negligence on the part of any or all of the Released Parties arising out of your participation in any of the Activities.
In giving the releases hereunder, which include claims which may be unknown to you at present, you hereby acknowledge that you have read and understand Section 1542 of the Civil Code of the State of California which reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You hereby expressly waive and relinquish all rights and benefits under this section and any law or legal principle of similar effect in any jurisdiction with respect to claims released hereby. You further understand and acknowledge the significance and consequence of such specific waiver of section 1542 of the California Civil Code. You hereby acknowledge that this release and waiver of liability (this "Release") is intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all participation in the Activities from the date of execution of this Release to the end of the world. This Release shall be effective and fully binding upon your heirs, next of kin, executors, administrators, assigns and estate in the event of your death or incapacity. If a court of competent jurisdiction should decide that any part of this Release is illegal or unenforceable, or void as a matter of public policy or otherwise, such a determination shall not affect the validity, or enforceability of the remaining provisions.
You acknowledge and agree that Lifecrowd is not providing, participating in or in any way involved in the Activities and shall have no liability whatsoever relating to the Activities (unless Lifecrowd is the Seller of the Activity, in which case Lifecrowd’s sole responsibility will be that of a Seller). Upon a request by Us, you agree to defend, indemnify, and hold Us and our Partners and affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from the Activities (unless Lifecrowd is the Seller of the Activity, in which case Lifecrowd’s sole responsibility will be that of a Seller) or your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defenses.
Copyright Infringement Claims
It is our policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Lifecrowd by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Lifecrowd.com, or the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Lifecrowd.com or the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, Lifecrowd, 600 West Chicago Avenue, Suite 700, Chicago, IL 60654, email@example.com.
Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms of Service where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with these Terms of Service. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Lifecrowd may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that re applicable to your use of Lifecrowd.com and the Service.
Any other Dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the “Rules”) and shall be administered by the Los Angeles office of JAMS (the “Administrator”). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be Los Angeles, California. The Dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. Each party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these Terms of Service. Judgment on the award of the Arbitrators may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of these Terms of Service, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States Federal law.
By using Lifecrowd.com or the Service in any manner, you agree to the above arbitration provision. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Lifecrowd (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the Arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the Arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The communications between you and Lifecrowd use electronic means, whether you visit Lifecrowd.com or send Lifecrowd e-mails, or whether Lifecrowd posts notices on Lifecrowd.com or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Lifecrowd in an electronic form; and (2) agree that all Terms of Service and conditions, agreements, notices, disclosures, and other communications that Lifecrowd provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
These Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Lifecrowd’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Whether you are a Buyer or Seller, you and Lifecrowd are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service. Lifecrowd shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
This Terms of Service and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflict of laws principles that require the application of the law of a different state. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts in California for any lawsuit filed against you by Lifecrowd arising from or related to these Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.
Where Lifecrowd requires that you provide an e-mail address, you are responsible for providing Lifecrowd with your most current e-mail address. In the event that the last e-mail address you provided to Lifecrowd is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms of Service, Lifecrowd’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Lifecrowd at the following address: firstname.lastname@example.org. Such notice shall be deemed given when received by Lifecrowd by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of these Terms of Service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.