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I. Services. We are a music streaming application for our members. Users may download our mobile application to their personal mobile devices, create an account and password, and upload own content.
II. Payment, Membership Fees, and User Responsibilities. Our payment structure is offered at 0.004 per stream, the time at which a user broadcasts an audio recording. Payouts are sent after a $50.00 threshold is reached. We offer a premium membership option, where users and artists may edit their profile(s) and upload music via the artist portal. Users and artists are responsible for all postings and uploads completed through the application.
III. Your Online Account. While accessing the application as a member, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity for any reason. We are not responsible for third party access to your account that results from theft, misappropriation, or misuse of your account.
IV. Links to Third Party Sites/Third Party Services. The application may contain links to external websites ("Linked Sites"). The Linked Sites are not under the control of the the Company. We are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators. Certain services made available via the application (i.e. online payments) are delivered by third party sites and organizations. By using any product, service, or functionality originating from the application domain, you hereby acknowledge and consent that we may share such information and data with those third party providers. Users and artists may request information with regard to the use and collection of their data and how said data is shared with third parties.
V. Expectations of Members. Our expectations of our users and artists are simple and straightforward. Inappropriate, foul conduct, or threatening behavior on our application may result in sanctions up to and including membership termination. Harassment or obscenity on our application, to include any affiliated social media pages, may also result in the cancellation of membership.
VI. No Unlawful or Prohibited Use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use the application strictly in accordance with these Terms. As a condition of your use of the application, you warrant to us that you will not use the application for any purpose that is unlawful or prohibited by these Terms. You may not use the application in any manner which could damage, disable, overburden, or impair the application or interfere with any other party's use and enjoyment of our services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the application.
All content included as part of our services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the application, is our property which is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or other restrictions contained in our content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the application.
Crowded, Inc shall not be responsible for any copyright disputes from any audio uploaded or sent to Crowded by users/artists.
Send all DMAC takedown requests to DMAC@crowdded.com.
VII. Indemnification. You agree to indemnify, defend and hold harmless Crowded, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of the use of our application. In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages to property or life whatsoever arising out of attendance and participation at our events. As stated in Section VI, Crowded shall not accept responsibility, nor assume any liability whatsoever, for any copyright infringement disputes resulting from any audio upload, or from those sent to Crowded by users/artists.
VIII. Arbitration. In the event you and us are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, 3 and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.
IX. Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the State of Wyoming, without reference to the principles of conflicts of laws.
X. Force Majeure. For the purpose of these Terms, an “Event of Force Majeure” means any circumstance not within the reasonable control of the party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of good utility practice, cannot be, or be caused to be, prevented, avoided or removed by such party, and (ii) such circumstance materially and adversely affects the ability of the party to perform its obligations under these Terms, and such party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under these Terms and to mitigate the consequences thereof.
XI. Entire Agreement. These Terms represent the entire agreement between the parties relating to the subject matter hereof. These Terms alone fully and completely express the agreement of the parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein. These Terms may not be amended or modified, except by a written agreement signed by all parties hereto.
XII. Severability. In case any provision in these Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
XIII. Notice. Any notice or other communication sent to or received from us may be addressed to or from: 201 E. 5th Street Suite 1200 Sheridan, Wyoming 82801
XIV. Changes to Terms. We reserve the right, in our sole discretion, to change the Terms under which our services are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates and changes.
I. Collection of your Personal Information
In order to better provide you with products and services offered on our Site, we may collect personally identifiable information associated with your account(s), such as your:
First and Last Name
Employer Bank, Credit, and/or Debit Card Information
If you register for our services, we collect billing and credit card information. This information is used to complete purchase transactions.
We do not collect any personal information about you unless you voluntarily provide it to us by using the website. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the website. These may include: (a) registering for an account on our website; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our website. We will use your information for, but not limited to, communicating with you in relation to services you have registered for.
III. Sharing Information with Third Parties
We do not sell, rent or lease our member lists to third parties. Members have a right to request information on how their personal information and data collected is being used, including what category or categories of data are being collected and why such data is/has been acquired. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your information. Members have a right to request information on what third parties we partner with in relation to the foregoing shared data. We may disclose your personal information with notice as required if and when required to do so by official court order, act of law, national security threat, or national emergency. We will disclose such requested information in a manner compliant with state and federal standards of legal process and data confidentiality.
IV. External Links
This website contains links to external sites. Please be aware that we are not responsible for the content or privacy practices of such external sites. We encourage our users to be aware when they leave our site and to read the privacy statements of external sites that may collect personally identifiable information. Further, these links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by us of any of the products, services or opinions of the corporation, or organization or individual. We bear no responsibility for the accuracy, legality, or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
V. Security of your Personal Information and SSL Protocol
We secure your personal information from unauthorized access, use, or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Members are advised that no data transmission over the Internet or any wireless network is 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this website cannot be guaranteed. 6 We will provide the following available services and functions as part of the Software: (i) the use of encryption technology to protect customer data from unauthorized access; and (ii) routine back‐ up and archiving of customer data. We will comply with the requirements of the laws of the State of Texas and implement the data safeguards set forth in this Section, and we will further implement reasonable security standards that it determines are necessary, but in no event less than industry standards, to protect (i) the physical security of the customer data; and (ii) our network, all operating systems and software applications, and all data storage systems and media provided by us or our licensors or contractors.
VI. E-mail Communications
From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our services, we may receive a notification when you open an email from us or click on a link therein. You may opt out of such communications by clicking the unsubscribe link..
VII. Changes to this Statement
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