CrowdFlower Master Terms of Service
Last modified: 2015-10-13 22:48:00 |
Welcome to CrowdFlower. Thank you for being a part of our community. All users of our website must agree to the following terms. Please read them carefully. By using or registering for our site, you agree:
- you are at least 18 years of age;
- you are bound by these Terms of Service, and all CrowdFlower policies and guidelines referenced in this agreement;
- you have the authority to enter this agreement on behalf of yourself or the entity you represent; and
- you will not abuse our website, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on CrowdFlower which requires human intelligence.
Under these terms, “we” and “us” refers to CrowdFlower, Inc. and its subsidiaries, affiliates, officers, agents, employees, representatives, and agents, and our “website” includes any website under our control, including www.CrowdFlower.com.
1. Purpose of CrowdFlower
CrowdFlower provides a platform on which an individual (“Contributor”) can choose to perform tasks that a third party entity or CrowdFlower itself (each a “TaskAuthor”) posts to the CrowdFlower website. TaskAuthors post tasks and invite Contributors to perform them in exchange for rewards provided by CrowdFlower. We charge companies and individuals (each a “Customer”) for use of our platform so that they may author tasks, hire us to author tasks, and/or gain access to the Contributors.
To use our website you must be at least 18 years old and capable of entering into legally binding contracts. CrowdFlower is available to U.S. and international users except where prohibited by U.S. or local governing law.
3. Customers and TaskAuthors
If you are a Customer or TaskAuthor, you agree to the Customer Terms and Conditions in addition to these Terms of Service.
4. Username and Password
Upon registering with CrowdFlower you will be asked to create a username and password. You alone are responsible for ensuring and maintaining the security of your account, passwords, and any authentication keys associated with your account, and you are responsible for any use of or action taken through use of that information on CrowdFlower. You must notify CrowdFlower immediately if you suspect that your account information has been stolen or used by someone else.
5. Your Privacy
6. Acceptable Behavior
You are encouraged to interact with other users anywhere on our website, Forum, messaging, chat, and other social media channels controlled by CrowdFlower, but if you do so you must comply with our Code of Conduct.
7. Misuse, Abuse, and Misrepresentation
You WILL NOT:
- register for more than one CrowdFlower account;
- perform any task with the use of Internet bots, web robots, bots, scripts, or any other form of artificial intelligence or otherwise attempt to obtain rewards from CrowdFlower without completing tasks as they are described;
- provide any false information while using this website;
- access or attempt to access our website through any proxy web server or other device designed to obfuscate your true location or identity or by any means other than the interface provided;
- use the website for any illegal activity, or for any purpose other than the purpose for which it was made available;
- engage in activity that interferes with or disrupts the functioning of the site;
- insert, upload, or attach malicious or unknown external links or files, or upload any content that contains a virus, Trojan horse, worm, time bomb, or other harmful computer code;
- engage in spamming or post any kind of publicity, attempt to get referrals, mass communication, money offers or requests, solicitation of services, nonsense messages, duplicated topics, illegal content, social website links, e-mail addresses, or instant messenger IDs unless required by the task; or
- insert external links that offer goods or services unless required by the task.
8. Verifying your Identity
CrowdFlower may verify your identity. This may include comparing your personal information against third party databases or official legal documents. You authorize us to make any inquiries necessary to confirm your identity, your ownership of your email address, and your ownership of your financial accounts. You agree to provide information about you to assist us in verifying your identity.
9. Compliance with the Law
You alone are responsible for complying with federal, state, provincial, and local laws in connection with your use of our website. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights.
10. Contributor Taxes
If you are a Contributor, you alone are responsible for payment of any estimated or other federal, state, or local income taxes, social security, FICA, and workers’ compensation owed as a result of use of our website, as well as similar taxes or charges in non-U.S. jurisdictions. You agree to indemnify and hold us harmless for any assessments against us because you failed to comply with any tax law.
11. Violation of These Terms of Service
We may suspend, limit, or cancel your access to the CrowdFlower website at any time for any reason (except as provided in the Contributor Dispute Resolution section below), including because: (a) we believe you have violated these Terms of Service; (b) we believe you have violated our rights or the rights of any third party; (c) we are unable to verify or authenticate information you have provided to us; or (d) we believe your actions may create liabilities for you, us, or a third party.
If we suspend or terminate your account, you will no longer have access to any parts of the CrowdFlower site, including data, messages, files, and other material you keep on the site. You may NOT continue to use our website under a different or new account name. Violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
12. Contributor’s Role and Relationship with CrowdFlower
If you are a Contributor, you and only you decide which and how many tasks to complete, and when and where you complete them. You are free to spend as much or as little time completing tasks as you choose. At no time are you under any obligation to complete a task.
Neither your use of our website nor anything in this agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and CrowdFlower. We do not provide you with any equipment or tools to complete a task. We do not provide you any benefits, workers’ compensation, or insurance coverage. We are not responsible for any expenses you incur in using our website. We will not withhold any amount from your reward for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors. You do not have the authority to enter into any contract, written or oral, on behalf of CrowdFlower.
Notwithstanding the foregoing, if you are a U.S. taxpayer we may request from you a W-9, to be updated annually, and we may bar you from performing tasks until you have completed or updated a W-9.
13. Rewards for Completed Tasks
If you are a Contributor, CrowdFlower will reward you for acceptable completion of certain tasks. In the event you are found to have engaged in fraud, abuse, or violation of these Terms of Service, any and all rewards to you may be withheld and/or recovered by CrowdFlower.
14. Unacceptable Completion of Tasks
If, for any reason, CrowdFlower or the TaskAuthor does not accept performance of a task you completed, you as a Contributor will not be entitled to any reward for the task. In the event that rewards were already dispersed to you for an unacceptably completed task, we may recover them from you.
15. Contributor Qualifications and Skills
By performing tasks on our website you may accrue qualifications and skills, which we will grant in our discretion. We reserve the right to create, edit, or revoke your qualifications and skills at any time, for any reason or no reason at all. Because we do not discriminate on the basis of national origin, race, color, gender, sexual orientation, or any other class protected by law, you will have the same opportunity as any other Contributor to achieve access to tasks as your qualifications and skills accumulate. As a Contributor, if you believe that problematic test questions have affected your qualifications, skills, or rewards, you may provide well-supported contentions describing of problematic test questions via the task interface or via a ticket in our support system.
16. Intellectual Property and Proprietary Rights
You do not have any intellectual property or proprietary right, nor any other right, title, or interest, in our website, our software, our trademarks, logos, domain names, or other brand features, or any other related information or materials, all of which remain ours. No one may use our website except as authorized by us. We reserve the right to withdraw, expand, reduce, or otherwise change the website at any time in our sole discretion. No one shall be entitled to create any links to our website, or frame or mirror any content contained on or accessible through our website.
If you are a Contributor, CrowdFlower, and not you, has proprietary rights in any work you produce as part of completing any task. By accepting the terms of this Agreement you agree to transfer possession, ownership, and title to your work to us. To ensure that we are able to acquire, perfect, and use such rights, you further agree to (i) sign any documents to assist in the documentation, perfection and enforcement of our rights; and (ii) provide reasonable access to information for recording, perfecting, securing, defending, and enforcing such proprietary rights in any and all countries. Your obligations under this section will continue even after you deregister from or cease use of CrowdFlower. You appoint us as your attorney-in-fact to execute documents on your behalf for the purposes set forth in this section.
17. Copyright and TakeDown
CrowdFlower respects the intellectual property of others and we reserve the right to remove from our site any material that we believe may violate the intellectual rights of any third party. If you believe that your own work has been copied in a way that constitutes copyright infringement on this website, please contact CrowdFlower customer support.
As a Contributor, you agree to indemnify, defend, and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs), arising from or relating to your performance of tasks or your use of our website.
19. Disputes with Other CrowdFlower Users; Release
CrowdFlower is not a party to any dispute between you and another CrowdFlower user. You release CrowdFlower and its affiliates from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with any dispute between you and another user.
20. Confidential Information You Receive
Confidential information is any information that is marked as confidential or proprietary, or which should reasonably be understood by the receiving party to be confidential or proprietary. This does not include any information that is (1) publicly available, (2) already in the possession of, developed independently by, or already known to the receiving party, or (3) has been disclosed by court order or as otherwise required by law.
Whether you are a TaskAuthor, Customer, or Contributor, if you are provided with confidential information from anyone on our website, you agree to protect the secrecy of the confidential information with the same degree of care you use to protect your own confidential information, but in no event with less than due care. You may not disclose or publish any such confidential or proprietary information, except as may be necessary for performance of a task. All information within a job on the CrowdFlower platform should be considered as confidential even if the information is not expressly designated as confidential.
If and when you no longer need the confidential information you received, you must promptly return or destroy (as requested by whoever disclosed the information) all copies of the information that exist on the premises, systems, or other equipment you control.
Because disclosing confidential information may cause irreparable harm, the disclosing party is entitled to seek injunctive relief for any breach or threatened breach of this term.
21. Changes to These Terms of Service
We may amend these terms at any time by posting a revised version of them on our website, and you are responsible for checking our website regularly for any such changes. In the event of any such change, you may continue to access or use our site after the revisions become effective, in which case you agree to be bound by the revised Agreement. If you do not agree to any new terms we introduce, please stop using our website.
22. Website Modifications
We may improve or modify our website without notice to you.
23. Third-Party Websites
Our website may contain links to third-party websites. We do not control, investigate, monitor, or check such websites. We are not responsible for nor do we endorse the computer programs, content, or opinions contained on such websites. If you decide to leave our website and access any third-party website, you do so at your own risk.
24. Disclaimer of Warranty
OUR WEBSITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, WITH REGARD TO ACCESSIBILITY, FITNESS, LAWFULNESS, AVAILABILITY, OR FUNCTIONALITY OF OUR WEBSITE, SOFTWARE, THE TASKS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CROWDFLOWER DISCLAIMS ALL IMPLIED OR EXPRESS CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CROWDFLOWER WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS TO CEASE USE OF OUR WEBSITE. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the website or CrowdFlower software. Scheduled and unscheduled interruptions may occur, and we do not warrant uninterrupted availability of our website.
25. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF CROWDFLOWER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,500; AND (B) ANY CROWDFLOWER FEES RETAINED BY CROWDFLOWER WITH RESPECT TO TASKS POSTED BY A TASK TASKAUTHOR DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
26. Contributor Dispute Resolution
If you are a Contributor, you agree to the following arbitration clause and class action waiver:
- Alternative Dispute Resolution Required. You agree that for any dispute that arises out of or relates to your use of our website, including any dispute that may have arisen from the time that you began performing tasks for CrowdFlower, and specifically including any claim related to whether or not you classify as an independent contractor, you will first notify CrowdFlower of your claim against it. You and CrowdFlower will then attempt to resolve the issue through either direct negotiation or mediation. We will split equally the cost of mediation and agree that mediation shall be conducted through telephonic or other electronic means. If a claim remains unresolved following informal negotiations or mediation, you agree that you and CrowdFlower will use final and binding arbitration to resolve the dispute. This clause governs all claims retroactively from the time you began using our website, whether based on tort, contract, statute, including, but not limited to, any claims of discrimination and harassment, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation, equitable law, or otherwise.
- Arbitration Procedure. All arbitration under this agreement will be conducted under the rules of the American Arbitration Association or by a mutually agreed upon arbitration service. The arbitrator will be a U.S. arbitrator selected from a list of no less than seven (7) names through alternative strikes. In arbitration, each party will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Awards must include the arbitrator’s written reasoned opinion. You give up your right to trial by jury of any claim you may have against CrowdFlower or that CrowdFlower may have against you. Any claim under this clause must be brought within the applicable statute of limitations period. The United States Federal Arbitration Act governs this clause, and you acknowledge that this Agreement evidences a transaction in commerce.
- Exceptions. Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from this arbitration clause.
- Administrative Exhaustion. You may bring any claim arising out of your use of this website to an administrative agency but only to the extent applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the National Labor Relations Board. Nothing in this clause shall be deemed to preclude or excuse you from bringing an administrative claim before any agency in order to fulfill your obligation to exhaust administrative remedies before making a claim in arbitration; however, you waive the right to any monetary award through this such agency proceedings.
- Location of Arbitration. Any arbitration proceeding under this section will take place by default no more than 45 miles from the place where you reside, unless you reside outside the United States, in which case the arbitration will take place entirely electronically or telephonically. The arbitration may take place at any other location if agreed to by every party in writing. Regardless of its location, any party may opt to appear at the arbitration via live video or teleconference.
- Class Action Waiver. You waive any right you have for any dispute to be brought, heard, or arbitrated as a class, collective, or representative action. Notwithstanding any other clause contained in this agreement, the preceding sentence shall not be severable from this agreement in any case. Any claim that all or part of this waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You will not be retaliated against or prevented from completing tasks on our website as a result of your exercising your rights under Section 7 of the National Labor Relations Act, or by the filing of or participation in a class, collective, or representative action in any forum, but we may lawfully seek enforcement of this class action waiver, and seek dismissal of such class, collective, or representative actions or claims.
- Costs and Fees. The parties shall each bear their respective costs for legal representation at any such arbitration, except to the extent that attorney’s fees are explicitly provided for by law. The parties will split any initial administrative fee charged by the arbitrator, up to a maximum cost to you of two hundred fifty dollars (US$250.00). The cost of the arbitrator and court reporter, if any, shall initially be borne by us; however, the arbitrator shall have the discretion to award appropriate costs to the prevailing party, as provided by law, and/or to require the parties to split the costs associated with the arbitrator and/or court reporter.
- Severability. Except for the Class Action Waiver, if any term or provision, or portion of this arbitration clause is declared void or unenforceable it will be severed and the remainder of the arbitration clause will be enforceable.
27. Applicable Law
The laws of the State of California govern these Terms of Service and any controversy, dispute, or claim arising from them.
You may choose at any time to cease using our website, provided that you must abide by all applicable CrowdFlower policies. We may, in our sole discretion, terminate this agreement, suspend access to our website, or remove any services immediately without notice for any reason.
29. General Terms
- Entire Agreement. These Terms of Service and any policies, procedures, or terms referenced in this agreement constitute the entire agreement of the parties with respect to the subject matter, and supersede and cancel all prior and contemporaneous related agreements, claims, representations, and understandings of the parties.
- No Waiver. We will not be considered to have waived any portion of our rights or remedies unless the waiver is in writing and signed by us. If we delay enforcing or fail to enforce our rights under any provision of this agreement, that will not constitute a waiver of our right to subsequently enforce such provision or any part of this agreement.
- Assignability. You may not assign these Terms of Service without our prior written consent. We may assign these Terms of Service at any time, without notice. Subject to the foregoing, these Terms of Service will be binding on each party’s successors and permitted assigns.
- Severability. If any provision of these Terms of Service is found invalid or unenforceable for any reason, it will not affect the validity and enforceability of any remaining provisions.
- Notice. All notices related to these Terms of Service will be sent by e-mail or posted on our website. You must send notices to us at email@example.com. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission of properly addressed to the intended recipient.
- Amendments. No modification or amendment to these Terms of Service by anyone other than CrowdFlower shall be binding upon CrowdFlower unless in a written instrument signed by a duly authorized representative of CrowdFlower.
- Prevailing Language. The English language version of these Terms of Service will control in all respects and will prevail in case of any inconsistencies with translated versions, if any.
- Voluntary Agreement. All parties to these Terms of Service represent and agree that each has reviewed all aspects of this agreement, has carefully read and fully understands all its provisions, and is voluntarily entering into this agreement.
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