TERMS OF SERVICE
Please read this CROWD SECURITY INC. Terms of Service (the “Agreement”) carefully. Your activation and use of the Service constitutes your consent to this Agreement.
This Agreement is between you and CROWD SECURITY INC. concerning your use of (including any access to) the CROWD SECURITY INC. Service. This Agreement hereby incorporates by this reference any additional terms and conditions posted by CROWD SECURITY INC. through the Service or otherwise made available to you by CROWD SECURITY INC., including, but not limited to your CROWD SECURITY INC. Service Agreement. Your use of the Service is governed by this Agreement regardless of how you access the Service.
BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
THE SERVICE AND THE CROWD SECURITY INC. OPERATORS MAY NOT TIMELY OR SUCCESSFULLY COMMUNICATE OR CONNECT YOU WITH ANY POLICE, FIRE DEPARTMENT, PARAMEDICS, OR OTHER EMERGENCY RESPONSE ORGANIZATION. IF YOU NEED THE ASSISTANCE OF ANY EMERGENCY PERSONNEL, YOU SHOULD CONTACT THEM DIRECTLY. WE ARE NOT RESPONSIBLE FOR THE RESPONSE, OR FAILURE TO RESPOND, OF ANY EMERGENCY RESPONSE ORGANIZATION.
1. Definitions. All capitalized terms used but not defined in this Agreement shall have the meanings set forth in the CROWD SECURITY INC. Service Agreement
- “Account” means your online user account established with CROWD SECURITY INC. and used in connection with the Service to purchase, enable, manage, and access the Services, your Devices, and information about the Services and your Devices.
- “CROWD SECURITY INC.” means CROWD SECURITY INC., doing business as CROWD SECURITY, and its successors, affiliates, and assigns.
- “Agreement” means this CROWD SECURITY INC. Terms of Service, including any changes and amendments thereto which may occur from time to time.
- “Device(s)” means any CROWD SECURITY INC. approved third-party hardware that may be used in connection with the Services.
- “Personal Information” means any identifying information you provide to CROWD SECURITY INC. through the Service or may provide to CROWD SECURITY INC. from time to time including, but not limited to, your or a third party’s personal contact information (name, address, phone number, etc.), Device information, Emergency Contact List, and any information you provide to us during the Services arising from an Alarm.
- “Services” means each of the CROWD SECURITY INC. monitoring services you purchased under the CROWD SECURITY INC. Service Agreement.
- “Service” means the service provided by CROWD SECURITY INC. and used in connection with the Services together with any materials, information, services available therein, and successor application(s) thereto.
- “Us, “we”, or “our” means CROWD SECURITY INC..
- “You” or “your” means any person or entity who accesses or uses the Services through the Service
3. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement in the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify, or waive any fees required to use the Service; or offer opportunities to some or all Service users.
4. Notifications. As part of your use of the Service, you may receive electronic messages on your wireless device or other equipment via push notifications, short message service (text messages), e-mail, or other notification methods notifying you from time to time about your equipment, Device(s), Account, Service, and other types of notifications that we may present, and that you may select to receive as applicable to your Services (collectively, “Notifications”). Notifications may be available through the Service on your mobile device, through your Account, or through other equipment when it is within operating range of your wireless service provider having an active connection to the Internet. You understand that your wireless service provider’s message and data rates may apply to certain Notifications on your mobile device. You may be required to receive certain Notifications as part of the Service. You may change your Notifications preferences by accessing the settings in your Account.
5. Rules of Conduct. As a condition of your use of the Service, you will comply with all applicable federal, provincial and/or local laws, rules, and regulations, including without limitation, all applicable laws that limit, condition or prohibit your usage of video/audio surveillance. You are solely responsible for being informed about any such laws, rules, or regulations. If we have any reason to suspect that you are violating any applicable law, rule, or regulation, we may investigate the suspicion and determine in our sole discretion whether to notify the proper authorities and/or terminate or restrict your use of the Service. You agree that we may, without notice to you, disclose any of your electronic communications of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary to protect our rights or property or the rights or property of any third party. In addition, you must not:
- Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, Service or equipment.
- Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about other users of the Service.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Service.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without CROWD SECURITY INC.’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Service.
- Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without CROWD SECURITY INC.’s express prior written consent.
- Systematically download and store Service content other than your own Personal Information.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
6. Transactions. We may make available the ability to purchase or otherwise obtain certain products and/or Services through the Service (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable products and/or Services will be used only in a lawful manner.
CROWD SECURITY INC. reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product or Service; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any product or Service. Refunds and exchanges will be subject to CROWD SECURITY INC.’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all applicable taxes. While it is our practice to confirm orders by e-mail or other electronics means, the receipt of an electronic order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or Service.
7. Registration; User Names and Passwords. You will need to register to use all or part of the Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not CROWD SECURITY INC., are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password or your Service account.
- Posting of Submissions. You may make available certain materials (each, a “Submission”) through or in connection with your use of the Service, such as on message boards, other forums, chatting, commenting, and other messaging functionality. CROWD SECURITY INC. has no control over and is not responsible for any use or misuse (including any distribution) by any third party of your Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION (INCLUDING BUT NOT LIMITED TO LOCATION DATA, VIDEO, AND IMAGES) PUBLICLY AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK.
- Use of Submissions. For any Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submission, in any format or media now known or hereafter developed and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction and does not place CROWD SECURITY INC. under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Submissions, and your provision thereof through, and in connection with the Service, are complete and accurate and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
- Monitoring of Submissions. We may (but have no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on the Service. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.
9. CROWD SECURITY INC.’s Proprietary Rights. The Service is licensed and not sold to end users (you). Subject to your compliance with this Agreement, and solely for so long as you are permitted by CROWD SECURITY INC. to use the Service, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to access, use, and/or install the Service on a mobile device or computer that you own or control. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Service and remove (that is, uninstall and delete) the Service from your mobile device.
Our trade names, trademarks and service marks include CROWD SECURITY INC. and any associated logos. All trade names, trademarks, service marks, and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
You acknowledge that this Service and your Account contain our proprietary trade secrets and you hereby agree to maintain the confidentiality of this Service and your Account using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to communicate this Agreement to all persons who will have access to your Password and your Account, and to require such persons to be bound by similar confidentiality obligations.
10. Third Party Materials; Links. Certain Service functionality may make available access to materials made available by third parties, including their Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness, or safety of Third Party Materials or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by CROWD SECURITY INC. with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
12. DISCLAIMER OF WARRANTIES. THE SERVICE, ANY PRODUCTS, , AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. CROWD SECURITY INC. DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CROWD SECURITY INC. MAKES NO WARRANTY OR GUARANTY THAT THE SERVICE OR SERVICES ASSOCIATED WITH THE APP WILL DETECT OR AVERT ASSAULTS, ROBBERIES, MEDICAL PROBLEMS, BURGLARIES, FIRES OR OTHER DAMAGE TO PROPERTY OR PERSONS. CROWD SECURITY INC. DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY, DAMAGE OR LOSS. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH CROWD SECURITY INC. AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity, and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct, secure, that access to the Service will be uninterrupted, that you will receive email, text message, or other communications delivered through the Service or that the Service will timely or successfully connect you to any police, fire department, paramedics or other emergency response organization. The Service may include inaccuracies, errors, and materials that violate or conflict with this Agreement.
13. Limitation of Liability. CROWD SECURITY INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, CROWD SECURITY INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE. THE MAXIMUM aggregate LIABILITY OF CROWD SECURITY INC. FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL not exceed the greater of two hundred dollars (CAD $200.00) or THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CROWD SECURITY INC. TO USE THE SERVICE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH CROWD SECURITY INC. AND THE AFFILIATED ENTITIES.
Applicable law may not allow for limitations on certain implied warranties, exclusions, or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
14. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless CROWD SECURITY INC. and the Affiliated Entities from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Service (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
15. Termination. This Agreement is effective until terminated. CROWD SECURITY INC. may terminate, suspend, or restrict your use of the Service at any time and without prior notice, including if CROWD SECURITY INC. believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, suspension, or restriction your right to use the Service will immediately cease, and CROWD SECURITY INC. may, without liability to you or any third party, immediately deactivate or delete your user name, password, and Account and all associated materials, without any obligation to provide any further access to such materials. Sections 2, 4, 6, 7-9, and 11-21 shall survive any expiration or termination of this Agreement.
16. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the province of Alberta, Canada, without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and provincial courts located in Calgary, Alberta, Canada, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Information or Complaints. If you have a question or complaint regarding the Service, please contact us by writing to at the following address:
Crowd Security Inc.
Attn: Privacy Officer
Suite 200, 625 – 14th Street NW
Calgary, Alberta, Canada T2N 2A1.
Please note that written communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your written correspondence with us.
17. Copyright Infringement Claims. The Copyright Act (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Canada copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to CROWD SECURITY INC. a written notice by mail, e-mail, or fax, requesting that CROWD SECURITY INC. remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Act permits you to send to CROWD SECURITY INC. a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Act. Notices and counter-notices should be sent to Law Department, Intellectual Property: by e-mail to email@example.com. However, any legal actions you wish to take shall be subject to the Crowd Security Service Agreement and the Arbitration Agreement within it.
We suggest that you consult your legal advisor before filing a notice or counter-notice according to the Act.
18. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) on any of the U.S. government lists of restricted end users.
19. Relationship. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and CROWD SECURITY INC.. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
20. Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.
21. No Waiver. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”
23. Notices. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. CROWD SECURITY INC. will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.