Last update posted: 03/08/2016
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 18
1. Acceptance of terms
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.
In order to subscribe to our service and/or enter into BringIt challenges you must be able to represent and warrant that:
- you are 13 years of age or older and have the consent of your parent or legal guardian, where required by law;
- you are a citizen or resident of the United States of America or Canada (excluding Quebec) and that you have an address in the United States of America or Canada;
- you are physically located in the United States of America or Canada (excluding Quebec) and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you are not a resident of any of the following states or province: Florida, New York, or Quebec unless you are a KrowdFit Client Employee at the time of participation and entry.
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
- in order to enter into any KrowdFit and/or BringIt challenges, your subscribed membership must be in good standing.
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. KrowdFit may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility. To the extent KrowdFit requests that you fill out such an affidavit and you fail to do so within 20 days, or KrowdFit otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that KrowdFit may have in law or equity, KrowdFit reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, KrowdFit will pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by KrowdFit in its sole discretion.
You may establish, maintain, use and control only one account on the Service. In the event KrowdFit determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that KrowdFit may have, KrowdFit reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
KrowdFit employees may use the Service for the purpose of testing the user experience, but may not win money from giveaways, sweepstakes or BringIt Challenges. KrowdFit consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with KrowdFit does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
4. Conditions of participation
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or KrowdFit has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, KrowdFit may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
Certain areas and features of the site or service require a monthly (or other period) recurring subscription. Subscriptions are available in two types. (1) month-to-month Bring Your Own Device (BYOD) Krowd and KREW levels; and (2) a 12 month Device Bundle subscription including a fitness tracker and Krowd and KREW levels. In both cases KrowdFit will charge you on a monthly basis at the subscribed rate. In the BYOD case your first payment will be charged after your first 30 days. At any time you may choose to upgrade your subscription, starting a new commitment period at a new monthly subscription rate. The policy governing your subscription is maintained in our MEMBER AGREEMENT.
Guarantee & Refunds
The KrowdFit MEMBER AGREEMENT covers Cancelation, Guarantee & Refunds of your KrowdFit Subscription.
Account Password and Security
At the time of registration for online account access, you must provide a valid email address and Password to be used in conjunction with your account. Many portions of the Service require registration and/or a subscription for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify KrowdFit of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your own Username and Password to access the Service’s Restricted Areas. KrowdFit cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that KrowdFit is authorized to act on instructions received through the use of your Username and Password, and that KrowdFit may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from KrowdFit. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to support [at] KrowdFit [dot] com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of KrowdFit corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), KrowdFit reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
We cannot promise that our various services and tools will be available 100% of the time. Some outages may occur, especially when we upgrade our services and tools. This is a normal part of how any technology service must conduct repairs and upgrades. You agree to hold us harmless from any damages that arise from our not providing services to you 100% of the time. Our services may have interruptions or errors and you also agree that we are not responsible for any damages of any nature regarding such interruptions or errors. Should our service not be available for thirty percent or more of any calendar month, we will provide you with one additional month of service at no charge to you.
Technological and Service Changes
We reserve the right to make technical, interface and service changes without prior notice to you. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the site and/or services and tools following such changes and modifications will constitute your binding acceptance.
By entering a contest, you consent to KrowdFit’s and its service providers’ and business partners’ use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other KrowdFit contests and KrowdFit generally, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to KrowdFit Inc for a reasonable number of hours of publicity, advertising and promotional activities relating to the contest or other KrowdFit products, services or events, without additional compensation. KrowdFit Inc and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that KrowdFit may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of KrowdFit or other contests or games operated by KrowdFit. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
5. Game Rules
KrowdFit BringIt challenges are games of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and ability to accumulate the most steps, activity minutes or other such “entries” into the contest. Challenges consist of multiple game types with varying rules and winning criteria. You are responsible for reading and understanding the unique rules of the Challenge(s) you participate in.
KrowdFit is offering multiple individual sweepstakes promotions to eligible members who also purchase and maintain an active subscription in the KrowdFit Rewards Program. These promotions are governed by the GENERAL RULES OF PARTICIPATION
Each KrowdFit BringIt challenge has an entry fee (bet) listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your KrowdFit credit card on account. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username or email the entry was submitted, or if possession of the Username or email itself is contested and in KrowdFit’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. KrowdFit reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
KrowdFit offers contests of varying types. The KrowdFit Giveaways and the Million Dollar Sweepstakes run from Saturday to Friday according to the rules for those giveaways. The term of BringIt challenges are defined by the challenge organizer.
After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most entries and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
KrowdFit offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page.
Prize calculations are based on the results as of the time when final scoring is tabulated by KrowdFit. Once winners are initially announced by KrowdFit, the scoring results will not be changed, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our data provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. KrowdFit has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, KrowdFit reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of KrowdFit contests, KrowdFit is the sole judge and its actions are final and binding.
In the event that any amounts are owing by a winner to KrowdFit, KrowdFit shall have the right at its election, to deduct any and all such amounts remaining unpaid from any monies or credits held by KrowdFit for the account of the winner.
Winners are generally posted on the Site and/or the Service after the conclusion of each contest by 11 AM PST on the following day. If a winner does not claim his/her prize within 20days of a notification winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: KrowdFit.com, 227 Bellevue Way NE, Ste. 701, Bellevue, WA 98004.
In early January each year all winners who have won $600 or more (net of all entry fees) over the previous year must provide updated address and social security details to KrowdFit.com, 227 Bellevue Way NE, Ste. 701, Bellevue, WA 98004. These details will be used to file a 1099-MISC with the Internal Revenue Service.
Awards and Payouts
KrowdFit payouts are done via check or pre-paid MasterCard. We require a valid mailing address and social security number in order to file the appropriate tax forms at year end. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a payout, and we may request additional information before fulfilling a payout.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by KrowdFit. By way of example, and not as a limitation, you agree not to:
- Use a name or language that KrowdFit, in its sole discretion, deems offensive;
- abuse, harass, impersonate, intimidate or threaten other KrowdFit users;
- post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- Impersonate another person;
- Exploit children under 18 years of age;
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without his or her consent (or a parent's consent in the case of a child under 13 years of age);
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any KrowdFit user;
- create or submit unwanted email ("Spam") to any other KrowdFit users;
- infringe upon the intellectual property rights of KrowdFit, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
- Introduce viruses, worms, Trojan horses, and/or harmful code to the website;
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the KrowdFit leader boards and community;
- advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- sell or otherwise transfer your profile;
- attempt to influence the play in any contest in which you are involved or in which you have a direct or indirect interest;
- Violate any federal, state, provincial, local, or international law or regulation;
- Encourage conduct that would constitute a criminal or civil offense.
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not KrowdFit, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will KrowdFit be liable in any way for any User Content.
You acknowledge that KrowdFit may or may not pre-screen User Content, but that KrowdFit and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, KrowdFit and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in KrowdFit's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant KrowdFit an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. KrowdFit reserves the right, but has no obligation, to monitor disputes between you and other users.
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
8. Warranties and disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that KrowdFit has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release KrowdFit from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. KrowdFit makes no representations concerning any Content contained in or accessed through the Service, and KrowdFit will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH KROWDFIT. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.
9. Limitation on liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KROWDFIT NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF KROWDFIT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KROWDFIT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KROWDFIT FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
11. Our proprietary rights
You acknowledge and agree that KrowdFit (or KrowdFit's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by KrowdFit and that you shall not disclose such information without KrowdFit's prior written consent.
Unless you have agreed otherwise in writing with KrowdFit, nothing in the Terms gives you a right to use any of KrowdFit's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with KrowdFit, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and KrowdFit's brand feature use guidelines as updated from time to time.
Other than the limited license set forth in Section 11, KrowdFit acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with KrowdFit, you agree that you are responsible for protecting and enforcing those rights and that KrowdFit has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by KrowdFit, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
12. License from KrowdFit
KrowdFit gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by KrowdFit as part of the Services as provided to you by KrowdFit (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by KrowdFit, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by KrowdFit, in writing.
Unless KrowdFit has given you specific written permission to do so, you may not assign (or grant a sub- license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
The Site and Service provides, or third parties may provide, links to other World Wide Web sites or resources. Because KrowdFit has no control over such sites and resources, you acknowledge and agree that KrowdFit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that KrowdFit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
14. Termination and suspension
KrowdFit may terminate or suspend all or part of the Service and your KrowdFit account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your free KrowdFit account, you may contact us via the contact form with a note to say you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES; CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with KrowdFit regarding restoration of your account only via support@KrowdFit.com.
15. No third party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
16. Notice and procedure for making claims of copyright infringement
KrowdFit may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide KrowdFit's Copyright Agent a written Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
KrowdFit's Copyright Agent can be reached in the following ways: Mail: Legal Department KrowdFit.com 227 Bellevue Way NE, Ste. 701, Bellevue, WA 98004 Email: copyright [at] KrowdFit [dot] com To be valid, a Notice must be in writing and must follow the instructions above. You may also use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
17. Additional terms for our iOS app
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and KrowdFit, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be KrowdFit’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit KroiwdFit’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
18. Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our Customer Support Department is available via the web to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our member’s satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, KrowdFit will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, KrowdFit will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Arbitration shall be initiated in the County of Multnomah, State of Oregon, United States of America, and you and KrowdFit agree to submit to the personal jurisdiction of any federal or state court in Multnomah County, Oregon, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND KROWDFIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: KrowdFit, Inc., 227 Bellevue Way NE, Ste. 701, Bellevue, WA 98004. The notice must be sent within 30 days of 06/01/2015 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, KrowdFit also will not be bound by them.
Changes to this Section
KrowdFit will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and KrowdFit agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Portland, OR. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and KrowdFit shall be governed by the laws of the State of Oregon without regard to conflict of law provisions.
19. GENERAL INFORMATION
These Terms (and any additional terms, rules, agreements and conditions of participation in particular contests that KrowdFit may post on the Service) constitute the entire agreement between you and KrowdFit with respect to the Service and supersedes any prior agreements, oral or written, between you and KrowdFit. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms
The failure of KrowdFit to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
The failure of KrowdFit to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of KrowdFit (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.
The Site and the Service are to be used by each user for his/her private personal use. Please note that the Sit and the Service are not for use by individuals connecting from jurisdictions from which it is illegal to do so. KrowdFit is not able to verify the legality of the Site and the Service in each jurisdiction and it is your responsibility to verify such matter.