CrowdPop Terms and Conditions of Use
These CrowdPop Terms and Conditions or Use (“Terms”) govern your use of the CrowdPop application and related services (collectively, “CrowdPop”) and your rights and obligations related to such use. By using CrowdPop, you confirm your agreement with these Terms and they constitute a fully binding agreement between you and CrowdPop Pty Ltd. We may update the Terms from time to time by posting the new version on our website and in the Settings section of the application – you should refer back to these Terms regularly when using CrowdPop. Your continued use of CrowdPop constitutes your agreement with the then currently published terms revised Terms. If at any time you do not agree to the Terms, you are prohibited and must immediately cease using CrowdPop.
Information on CrowdPop
The more that you and other Poppers access, use and contribute to the application, the better quality the already awesome real-time information will be about a venue. So please contribute honestly and contribute often!
CrowdPop has some ability to assess the legitimacy of information provided to the application over time but, because venue information on CrowdPop often originates (at least partly) from other users, please remember that the information may be inaccurate, incomplete or out of date. For this reason, to the maximum extent permitted by law in your location, CrowdPop does not provide any warranties with respect to the credibility, reliability or accuracy of information on our application.
If you provide CrowdPop with incorrect, outdated or misleading information about a venue or venues, your input will be treated with decreasing importance by our algorithm. If we consider that you were or are providing intentionally false or misleading information about a venue or venues, you may be barred from contributing venue information and/or your access to CrowdPop may be suspended or terminated altogether.
Logging in and heading out
Please take care to guard any login details and passwords securely and do not share them with anyone. If you think your CrowdPop account may have been access by someone other than you, please change your password in the Settings section immediately and contact us at firstname.lastname@example.org.
Crowdop is intended to be a safe and welcoming community. It is designed to help you and other folks discover and share information in real time about restaurants, bars, pubs, night clubs and other venues. As a “Popper” (our term forl CrowdPop users), you agree to act honestly and to treat all other Poppers with respect and compassion.
Instructions on CrowdPop internet site and the CrowdPop application regarding how to (and how not to) use CrowdPop, including the in-venue chat function form part of these Terms.
You must be at least 16 years old to use CrowdPop.
You can login to and use CrowdPop using your Apple, Facebook or Google+ profile or by using your email address. CrowdPop is free for you and other people to use solely for personal (non-business) purposes. CrowdPop Pty Ltd hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, revocable, conditional licence to use CrowdPop for non-commercial purposes subject to these Terms.
You are not permitted to use CrowdPop commercial unless you have CrowdPop’s prior written approval. Venue owners and other commercial operators who would like to use CrowdPop must first contact us at Venues@CrowdPop.com.
You must not (either yourself or through any other means or person):
- transmit or otherwise make available any virus, worm, Trojan Horse, tim bomb, web bug, spyware, malware or any other computer code that may or is intended to damage, interrupt, corrupt or hijack the operation of CrowdPop, including its hardware, software and data;
- reverse engineer, copy, translate, decompile or disassemble any part of the application;
- Use CrowdPop for any illegal or immoral purpose;
- Infringe, breach or violate these Terms; or
- engage in scraping, data mining, harvesting, screen scraping, data aggregating or indexing of CrowdPop.
You may terminate these Terms at any time by ceasing use of and deleting CrowdPop from your phone or other mobile device. You do not need to notify us of such termination. Please do contact us if you would like us to delete your account and any personally-identifiable information that we hold about you. We will usually comply with such requests unless we are required to retain the personal information by law or to protect our legal rights.
Availability and termination of service
CrowdPop is made available with the hope that you may find it useful and fun but it is provided (to the maximum extent permitted by law in your location) without any express or implied warranty, including with respect to the availability, quality, merchantability or fitness for purpose. We do not warrant that CrowdPop is error/bug free or that it will always be available. We reserve the right to stop making CrowdPop available to you or at all at any time without notice. We may in our absolute discretion terminate this agreement without notice for any reason in our absolute discretion.
We may, either partially or entirely and without being obligated to provide prior notice – modify, adapt or change CrowdPop, its features, the user interface and design, the extent and availability of the contents in CrowdPop and any other aspect related to CrowdPop. You will have no claim, complaint or demand against Crowspop for applying such changes or for failures incidental to such changes.
CrowdPop Pty Ltd may, at any time, terminate the provision of CrowdPop in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
Communicating with other Poppers at a Venue
In-venue chat allows Poppers to chat with other Poppers checked in to the same venue. The chat is a public forum. We strongly recommend that you use a nickname or only your first name when using chat. Remember this is a public forum (exclusively accessible to Poppers within range of the relevant venue) so you should not share information such as your surname, address or any other personal or financial information in the chat.
You are only permitted to post content that you created yourself or that you otherwise own the Copyright in. You represent and warrant that you own the intellectual property in and have the right to post all content or other material you post on CrowdPop. You hereby grant an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to CrowdPop to publish, collect, use, copy, distribute, commercialise adapt, modify, prepare derivative works, display in public and otherwise exploit all such material for any purpose. You agree that the license granted to CrowdPop by you is not limited to personal use but extends to any commercial use of content you post.
CrowdPop is taking steps to protect the in-venue chat from bigotry, prejudice, offensive language and discrimination. It is a breach of these Terms for any user to post comments or content that we (in our absolute discretion) consider may be defamatory, abusive, threatening, bullying, sexist, racist, homophobic, transphobic, bigoted, exclusionary or otherwise offensive. It is also a breach of these Terms for any user to insult, intimidate, harass or abuse any person or group. Whilst we have taken steps directed towards creating a safe and positive chat environment for folks in a venue to communicate with each other, we cannot guarantee the chat will be free from offensive comments or other content. Please immediately notify us using the report abuse function if you feel any post breaches these Terms or if you otherwise have any concerns.
You must not use the in-venue chat to post any content of a commercial nature without our express prior permission.
We reserve the right to suspend (including in perpetuity) any user that we, in our absolute discretion, consider has misused the chat function or who has otherwise breached these Terms .
Location services and commercial partnerships
Part of the CrowdPop algorithm works by being able to see the venues that Poppers are frequenting in real time. For this reason we use location services on your phone to identify the venue(s) that you are visiting. The default on the application is to always have location services activated. We are conscious that other applications can burn through your phone’s battery by pinging your location too often. We won’t do this! You also have the option of changing location services to only be switched on when you are using the CrowdPop application. CrowdPop needs to know which venues you are in and/or near in order to function. If you elect to turn location services off altogether, unfortunately CrowdPop functionality won’t be available.
Provided you have location services switched on, you understand and agree that CrowdPop can collect and use your location data for purposes related to the application and for commercial purposes. CrowdPop will be able to follow your venue-hopping and other location data. We can also determine your probable method of travel between venues and other locations (i.e. whether you were walking, travelling in a car or on public transport).
By using CrowdPop and having location services switched on, you agree that we may use your location data and venue history to create and send you offers for products, services, vouchers of discounts and other materials on an ongoing basis (via email or through the CrowdPop application) unless you opt out. For example, if we notice that you love attending live music venues, we may notify you of other live music events happening at other venues around you. If we have a commercial relationship with a venue around you, we may even be able to offer you a discount or other incentive to check the venue out. As noted in the privacy section of these Terms below, we will not share your personal information with any third parties, including our commercial partners, but we may send you information about a commercial partner’s venue or offer if you fit within a certain demographic. For example, a venue may ask us to send an offer for half-price cocktails to all CrowdPop users in the area that are aged 18 to 25 and that have attended a cocktail bar in the past month.
CrowdPop may also use de-identified, aggregated data derived from user data to provide commercial insights to venue operators and other third parties. This information will not contain personal information.
Third party ads, products, services and offers
Any advertising material on our application or website for third party products or services and any marketing material that we send you from time to time about third party products and services does not in any way constitute CrowdPop’s endorsement of the third party or the products or services that are being advertised or marketed. You should use your own judgement to determine if a product, service or venue is safe, legitimate and right for you. CrowdPop is not liable, and hereby excludes all liability (to the maximum extent permitted by law), for any and all loss or damage that you or any other persons suffers as a result of you electing to attend a certain venue, respond to a third party advertisement or otherwise take advantage of an offer, product or service that is advertised on or through CrowdPop.
Privacy and CrowdPop
CrowdPop takes your privacy and the security of your data seriously. This is a key plank of our operation. CrowdPop will not sell or disclose your personal information or identity you to any third party unless you specifically consent to us doing so. We may de-identify and/or aggregate data so that no user is identifiable in the data and then use it to provide commercial insights and other information to third parties such as businesses such as restaurants, bars and nightclubs.
If you login to CrowdPop via email, we will link that email to your account and your interactions and use of CrowdPop. If you choose to login to CrowdPop via Apple, Facebook or Google, these applications may provide us with basic information about you such as your name, gender, age, postcode and other information. We may link the information provided to us about you by Apple, Facebook or Google+ with other information you provide to us or that we collect in connection with your use of CrowdPop, including your contributions about a venue or using in-venue chat – as well as your historical venue attendance information and other location data.
If you have any questions or concerns about your privacy or CrowdPop’s handling of personal information more generally, please contact us at Privacy@CrowdPop.com.
If you use the Service on an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
LIMITATION OF LIABILITY AND WARRANTY
THIS SECTION IS SUBJECT TO APPLICABLE LAWS, INCLUDING ANY CONSUMER PROTECTION OR SIMILAR LAWS THAT CANNOT BE LIMITED OR EXCLUDED. YOU MAY HAVE RIGHTS UNDER SPECIFIC LAWS IN YOUR COUNTRY OF RESIDENCE THAT CANNOT BE LIMITED OR EXCLUDED. ALL SUCH LAWS ARE HEREBY LIMITED OR EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CROWDPOP IS PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO CROWDPOP APPLICATION AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on CrowdPop, and you further agree and acknowledge that your use of or reliance on CrowdPop is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.
CrowdPop exerts effort to provide you with a high quality and satisfactory application and service. However, we do not warrant that CrowdPop will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in CrowdPop or any of its service providers.
CROWDPOP PTY LTD, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE OF CROWDPOP, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF CROWDPOP, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON CROWDPOP, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH OTHER PARTIES INCLUDING WITH OTHER USERS ON OR THROUGH CROWDPOP, OR FROM ANY DENIAL OR CANCELLATION OF YOUR ACCESS OR ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the Courts of Victoria and the appeal courts from them.