OURCROWD NETWORKING PLATFORM
TERMS AND CONDITIONS
These PLATFORM Terms and Conditions (the “Terms”) set forth the terms and conditions governing the access to, and use of, the PLATFORM, which allow participants in events to set-up meetings, receive updates and communicate with other participants (the “Platform”). By accessing, signing-in, or registering to the Platform, you (“You” or “Your”) are agreeing to be bound by these Terms, which constitute a binding agreement between you and OurCrowd, its affiliates and subsidiaries (“OurCrowd”, “we”, “us”, and “our”).
We reserve the right, at our discretion, to modify these Terms, which modification will be effective 10 days following the posting of the modification to the Platform or providing notice to you, whichever occurs first.
1. Your Acceptance
2. Ability to Accept Terms
You affirm that You are over the age of 18, as the Platform is not intended for children under 18. If it comes to OurCrowd’s attention through reliable means that a registered user is a child under 18 years of age, OurCrowd may cancel that user’s account and/or access to the Platform.
3. Platform Access
1. OurCrowd hereby grants You permission to use the Platform, provided that: (i); You will not copy, distribute or modify any part of the Platform without OurCrowd’s prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Platform; and (v) You comply with these Terms.
2. In order to access the Platform, You have to create an account. You may never use another’s account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs in Your account, and You must keep Your account password secure. You must notify OurCrowd immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of OurCrowd or others due to such unauthorized use. OurCrowd will not be liable for Your losses caused by any unauthorized use of Your account.
3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Platform in a manner that sends more request messages to the OurCrowd servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. OurCrowd reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
4. OurCrowd, in its sole discretion, has the right to terminate Your access to the Platform immediately and with or without cause.
4. Intellectual Property Rights
The content on the Platform, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Platform (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to OurCrowd. Content on the Platform is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without OurCrowd’s prior written consent. OurCrowd reserves all rights not expressly granted in and to the Platform. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform.
“OURCROWD”, the OurCrowd logo, and other marks are Marks of OurCrowd or its affiliates. All other trademarks, service marks, and logos used on our Platform are the trademarks, service marks, or logos of their respective owners.
5. User Submissions
1. The Platform permits the submission of Content by You and other users, and communicating with other users to schedule meetings during an event, and/or for any other purposes made available through the Platform (“User Submissions”). You shall be solely responsible for Your User Submissions and the consequences of sharing, posting or publishing them. OurCrowd has the right in its sole discretion and without further notice to you, to monitor, censor, edit, delete, and/or remove any and all Content posted on its Platform (including User Submission) at any time and for any reason. Without limiting the foregoing, OurCrowd has the right to delete any comment that it believes, in its sole discretion, does or may violate these Terms by You.
2. You agree that You will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent.
3. You understand that when using the Platform, You will be exposed to User Submissions from a variety of sources and other users, and that OurCrowd is not responsible for such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against OurCrowd with respect thereto.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of OurCrowd, its users or the public.
The Platform may contain links to third party websites that are not owned or controlled by OurCrowd. OurCrowd is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party OurCrowd. By using the Platform, You expressly release OurCrowd from any and all liability arising from Your use of any third-party websites or services.
OurCrowd permits You to link the materials on the Platform for personal, non-commercial purposes only.
8. Information Description.
OurCrowd attempts to be as accurate as possible. However, OurCrowd cannot and does not warrant that the Content available on the Platform is accurate, complete, reliable, current, or error-free. OurCrowd reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
9. Limitation of Liability and Warranty
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE PLATFORM ARE FOR PAYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND OURCROWD, THE PLATFORM (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM WILL FUNCTION AS CLAIMED, OURCROWD DOES NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE PLATFORM WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT OURCROWD WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT OURCROWD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
OURCROWD DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS’ SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE PLATFORM.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER OURCROWD USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE PLATFORM, YOU AGREE THAT OURCROWD IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. OURCROWD RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE PLATFORM.
UNDER NO CIRCUMSTANCES SHALL OURCROWD, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM AND ITS SERVICES EVEN IF OURCROWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE OURCROWD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST OURCROWD OR ITS AFFILIATES, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless OurCrowd, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Platform; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party, including, without limitations, other users of the Platform. This defense, hold harmless and indemnification obligation will survive these Terms and Your use of the Platform.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by OurCrowd without restriction or notification to You.
12. Terms and Survival
These Terms will expire upon the end of the applicable event. It is further agreed that OurCrowd may terminate these Terms at any time and for any reason. Upon the expiration or termination of these Terms, the provisions of Sections 3, 4, 6, 9, 10, 11, 12 and 13 of these Terms will survive such expiration or termination.
Last updated: January 31, 2023