Last Updated on September 12, 2011
These terms and conditions (the "Terms of Service") govern your access to and use of SellerCrowd's website that link to or reference these Terms of Service (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract with SellerCrowd Inc. ("SellerCrowd"). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.
"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses or in any way uses the Service. "We", "us", and "our" refer to SellerCrowd.
"Content" means text, images, photos, audio, video, and all other forms of data or communication. Content may refer to questions, answers, ratings, reviews, invitations, messages, and information that you contribute on SellerCrowd.
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with SellerCrowd, and any inconsistencies among the different versions will be resolved in favor of the English version.
To access or use the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account by logging in with certain third-party applications (such as LinkedIn) and provide certain information about yourself in order to use the features that are offered through the Service. You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal use only. When creating an account on SellerCrowd, you must provide your email address. You may not provide an email address other than your own, or create multiple accounts. When creating an account on SellerCrowd, you also adopt a pseudonym by choosing an avatar and username. Take care to note that others may still be able to identify you if, for example, you include identifying information in your questions, answers and messages on the site. Please read our Privacy Policy for more information.
By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive answers or reviews from other Users. You will also receive an e-mail newsletter and notifications about activity on the site.
You alone are responsible for Content you submit on the site, and once published, it cannot always be withdrawn. You assume all risks associated with Content you submit on the site, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Content you submit on the site as described herein. You may not imply that Content you submit on the site is in any way sponsored or endorsed by SellerCrowd.
You may expose yourself to liability if, for example, Content you submit on the site contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Content you submit on the site in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, charging others fees to access it and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Content you submit on the site for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Content you submit on the site in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against SellerCrowd and its users any claims and assertions of moral rights or attribution with respect to Content you submit. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Content you submit on the site.
SellerCrowd owns all Content on the site as well as visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the content on SellerCrowd in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Content on SellerCrowd are retained by us.
SellerCrowd and its licensees may publicly display advertisements and other information adjacent to or included with Content you submit on the site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We reserve the right to remove, screen, edit, or reinstate Content from time to time at our sole discretion and without notice to you. For example, we may remove a question or answer review if we deem it unacceptable for the site. We have no obligation to retain or provide you with copies of Content you submit on the site.
We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Service and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
The Service may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
You agree to indemnify and hold SellerCrowd, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SellerCrowd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SellerCrowd. SellerCrowd will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SELLERCROWD AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "SELLERCROWD ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
New York law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and SellerCrowd (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW YORK CITY, NEW YORK.