TERMS OF USE

 
 

Throwing Terms of Use are agreed between Crowd Media B.V. (Piet Heinkade 95B, 1019GM Amsterdam, The Netherlands; in the following referred to as “Crowd Media”; “We”; “Us”; “Our”), the
owner, provider and host of this website, and you (in the following referred to as “You”).

CROWD. is a new full-service, global influencer marketing division at Crowd Mobile that uses data-driven insights to deliver consistent quality content and ROI. After years of successful influencer marketing execution in the mobile entertainment and youth segment, the day has come that we bring our integrated approach to third-party brands. We are currently running over 250+ influencer campaigns a month with over 1.2 million digital talents, and we are 100% results driven in order for brands to reach their awareness and performance objectives successfully.

In the following, we have established a list of rules that set out your respective rights and obligations in case you want to browse our website and potentially use the services contained therein.

Table of Contents:

  1. Privacy Policy

  2. Your rights and obligations

  3. Our Rights

  4. Content, third-party links, intellectual property

  5. WARRANTY AND LIABILITY

  6. Final Provisions

  7. Contact us

1 Privacy Policy

First of all, you may browse our website without being registered. Your browsing of our website is also subject to ourPrivacy Policy that we recommend you to read in order for you to know and understand what will happen with your personal information.

2 Your rights and obligations

Here are the specific rules you will have to abide by when browsing our website.

You

I. are 18 years of age. In case you do not fulfil this requirement, you may only browse our website and useany services contained therein with the consent and under the supervision of your legal representative;

II. are be able to contact us via e-mail. This function is available any time you click upon a respective button opening a window in which you can fill in and send any necessary and requested information about you;

III. download our Exclusive Influencer Marketing Playbook;

IV. download our Media Kit(s) (different types to be provided in the future);

V. subscribe to our Newsletter;

VI. will use the website solely for lawful purposes and, in this regard, do not violate or disregard any law, regulation or any other applicable provision;

VII. will not modify, reproduce or impair in any way whatsoever any content, including any
third-party’s intellectual property, without our consent; and

VIII. acknowledge that, by browsing, we do not grant you any kind of license in regard to any licensable content included within our website.

3 Our Rights

I. We may change these Terms of Use from time to time for any reason; the same applies in regard to our website and any services contained therein. In case of any essential amendment, we will inform you on our website about said amendment within a reasonable amount of time before the application of said amendment. Your use of our website on or after the respective day on which the respective amendment has commenced into effect, will constitute your consent to said respective amendment.

II. We do not guarantee that we will continue to host our website and/or to supply our services indefinitely. We can stop hosting our website and/or supplying our services at any time.

4 Content, third-party links, intellectual property

I. Despite frequent surveillance of our website, we assume no liability for (the content of) links leading to external websites. Only the respective owners, providers and/or hosts of said websites are liable for all content contained therein.

II. All content associated, directly or indirectly, with our website and our services contained therein is our intellectual property or is licensed to us. In this regard, „intellectual property” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy and any and all other legal rights protecting data, information or intangible property including, but not limited to, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in
databases and contract rights; all the aforesaidapplicable throughout the world. Specifically, all texts, pictures, graphics, video- , audio- and/or animation data as well as any other kind of multi-media content whatsoever are our intellectual property or are licensed to us. You are not allowed to safe, copy, change or use in any other way whatsoever said data for any commercial purposes without the previous consent from us. You are allowed to use said data in the previously stated ways only for your own private uses.

III. Additionally, Crowd Media retains all rights, titles and interest in and to our technology as well as our database and any additions, improvements, updates and/or modifications thereto contained within our website. You receive no ownership interest in and to our technology or in and to our database and you are not granted any right or license to use our technology or our database; the aforesaid does not apply in regard to your right to access our website and/or our services under these Terms of Use.

5 WARRANTY AND LIABILITY

I. We, our directors, officers, employees, suppliers and agents („The Provider Parties”), disclaim any responsibility for any harm resulting from your browsing of our website and/or your use of any of our services.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ACCESS TO OUR WEBSITE AND/OR OUR SERVICES IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES WHATSOEVER. THE PROVIDER PARTIES EXPRESSLY DISCLAIM, TO THE
FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, IN REGARD TO OUR WEBSITE AND/OR OUR SERVICES. THE PROVIDER PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF OUR WEBSITE AND/OR OUR SERVICES. THE PROVIDER PARTIES DO NOT WARRANT THAT OUR WEBSITE AND/OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR WEBSITE AND/OR OUR SERVICES WILL BE UNINTERRUPTED AND ERROR FREE . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR WEBSITE AND/OR OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU UNDERSTAND AND AGREE THAT YOU BROWSE OUR WEBSITE AND/OR USE OUR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA THAT RESULT FROM BROWSING OUR WEBSITE AND/OR USING OUR SERVICES.

II. Except in jurisdictions where such provisions are restricted or prohibited, you agree that our entire liability to you, and your exclusive remedy in law, in equity or otherwise, in regard to any breach of ours concerning our website and/or our services provided to you, is solely limited to the amount of money you paid for browsing our website and/or using our services.

III. Except in jurisdictions where such provisions are restricted or prohibited, the Providing Parties shall not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of your use, misuse or inability to browse our website and/or use our services, even if we have been advised of the possibility of such damages.

IV. In case a respective country does not permit the limitation of liability as set forth herein, our liability is limited to the extent permitted by law in said respective country.

V. Nothing stated within these Terms of Use excludes our liability arising from death or personal injury caused by intent, negligence, fraudulent misrepresentation or by any other action arising from fraud or deceit.

6 Final Provisions

I. Unless the context otherwise requires, words in the singular form shall be construed to include the plural and vice versa and pronouns in any available gender shall be construed to include any other gender.

II. Any failure to pursue any available claim or defence pursuant to these Terms of Use or otherwise will not be a waiver of such claim or defence.

III. These Terms of Use shall be governed and construed in accordance with the laws of the Netherlands without regard to the conflicts of law principles thereof. Furthermore, both you and us agree to submit to the exclusive jurisdiction of Amsterdam, The Netherlands.

IV. If any part of these provisions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions you and us and the remaining portions shall remain in full force and effect.

7 Contact us

In case of any question in regard to the provisions contained herein, our website and/or our services, please contact us by e-mailing hello@crowd.agency.

You may also contact us by using said e-mail address in case of any other concerns.