Last modified: November, 2021
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
(c) Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
(d) Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]
(e) Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Create multiple user accounts in the Website. By doing so all of your accounts may be suspended and/or blocked from the Website and your work could be invalidated as a result.
(f) User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
(g) Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Suspend your account and any payments for fraudulent behavior while using the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
(h) Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
(i) Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
(j) Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
(k) Information About You and Your Visits to the Website
(l) Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
(m) Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
(n) Geographic Restrictions
The owner of the Website is based in the state of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
(o) Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
(p) Limitation on Liability
In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable to you for damages in an amount more than 10% of the Fees due to you under your service contract with the Company.
The limitation on the amount of damages applies to your claims for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
(r) Governing Law and Jurisdiction
(s) Waiver and Severability
(t) Entire Agreement
(u) Your Comments and Concerns
This website is operated by DefinedCrowd Corporation, 320 Westlake Avenue North, 4th Floor, Seattle, WA 98109, United States of America.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]
CROWD MEMBER AGREEMENT
This Crowd Member Agreement (this “Agreement”) sets forth the terms and conditions whereby you, the undersigned Crowd Member (“You” or “Your”) agree to provide certain services to DefinedCrowd Corporation, a Delaware corporation, and its affiliates, subsidiaries and agents (collectively, the “Company”); and the Company agrees to pay you for services provided in accordance with the following terms:
The Company owns and operates the website located at https://neevo.definedcrowd.com/en-us/community/ (the “Site”).
From time to time, in the Company’s sole discretion, opportunities for jobs will be posted to the Site (the “Projects”). When you decide to accept a Project You shall provide to the Company the services set forth within the Site and each particular Project (the “Services”). You agree to perform the Services for the Company as an independent contractor.
The term (the “Term”) of this Agreement shall commence as of the date of your acceptance of a particular Project. The start date for each Project you accept is as of the date you indicate your acceptance through the Site (the “Start Date”) and shall continue until the sooner of Your completion of all Services or the end date of each Project (the “End Date”), unless earlier terminated in accordance with this Agreement.
As full compensation for the Services, the Company shall pay you in accordance with the fees communicated to you on the Site at the time of your acceptance of a Project (the “Fees”). The Fees for your Services shall be payable to you solely through a Paypal verified account. Therefore, the lack of a Paypal verified account will preclude you from receiving any fees.
In addition, your Paypal verified account shall be linked to only one account in Company’s Site.
- INTELLECTUAL PROPERTY RIGHTS.
The Company is and shall be, the sole and exclusive owner of all right, title and interest throughout the world in and to all the results and proceeds of the Services (collectively, the “Deliverables”). Upon the request of the Company, you shall promptly take such further actions as may be necessary to assist the Company to perfect or enforce its rights in any Deliverables. In the event the Company is unable to obtain your signature on any required documents, you hereby irrevocably appoint the Company as your agent and attorney-in-fact, to execute and file any such document and do all other lawfully permitted acts to perfect its rights in the Deliverables. PERSONAL INFORMATION.
- NONDISCLOSURE OF CONFIDENTIAL INFORMATION.
- Confidential Information.
You acknowledge that you may have access to information that is treated as confidential and proprietary by the Company, including, without limitation, the existence and terms of this Agreement, any oral, written, graphic or machine-readable information including, but not limited to, information, trade secrets, know-how, processes, ideas, inventions (whether patentable or not), product development plans, forecasts, strategies, business plans, agreements with third parties, services, customers, marketing or finances of the Company (collectively, the “Confidential Information”). Confidential Information does not include information that: (i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of yours; (ii) known to you, and there is demonstrable proof of your knowledge, at the time of disclosure; (iii) is disclosed with the prior written approval of the Company; or (iv) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you provide the Company prompt notice of such order or requirement to permit it to seek a protective order or otherwise prevent or restrict such disclosure.
- You agree not to use any Confidential Information disclosed to you by the Company for your own use or for any purpose other than to carry out the Services you agree to provide. You agree to treat all Confidential Information as strictly confidential. This means you will not (i) disclose or permit Confidential Information to be disclosed to any third party without the prior written consent of the Company, or (ii) permit Confidential Information to come into the public domain. You agree to take all reasonable measures to protect the secrecy of, and avoid disclosure or unauthorized use of Confidential Information. You agree to notify the Company of any actual or suspected misuse, misappropriation or unauthorized disclosure of Confidential Information.
- Return or Destruction of Confidential Information.
You must return and destroy all Confidential Information to the Company, within ten (10) days after (i) completion of the Services for a Project, (ii) the Company’s written request for you to do so, or (iii) the termination or expiration of this Agreement.
THE COMPANY MAKES NO WARRANTIES EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF THE CONFIDENTIAL INFORMATION. You acknowledge, by your execution of this Agreement, that Confidential Information you receive pursuant to this Agreement may be in development or incomplete, and that such Confidential Information may relate to products that are not, and may never be, fully developed. The Company accepts no responsibility for any expenses or losses you incur as a result of your receipt or use of Confidential Information.
- Successors and Assigns.
The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties, provided that Confidential Information of the Company may not be assigned without its prior written consent.
The parties each expressly agree that the unique nature of Confidential Information makes monetary damages inadequate compensation to remedy a breach by you, which shall cause irreparable injury to the Company. The Company shall be entitled to obtain injunctive relief against a breach or threatened breach of this Section 6.
The Company may terminate this Agreement upon ten (10) days written notice without cause and immediately upon the breach of this Agreement if such breach is incapable of cure or, with respect to a breach capable of cure, if such breach is not cured within ten (10) days after receipt of written notice. In the event of termination of this Agreement, the Company shall pay you on a pro-rata basis any Fees then due and payable for any Services completed up to and including the date of such termination. Upon expiration or termination of this Agreement for any reason, or at any other time upon the Company’s written request, you shall promptly (i) deliver to the Company all (a) Deliverables (whether complete or incomplete) and all hardware, software, equipment or other materials provided for your use by the Company; and (b) tangible documents and materials (and any copies) containing, reflecting, incorporating or based on the Confidential Information; and (ii) permanently erase all Confidential Information from all computer systems and devices on which it is saved.
- CONSENT TO SHARING YOUR PERSONAL INFORMATION WITH THIRD PARTIES.
The Company makes no guaranty, representation or assurance regarding a Third Party’s use of the Personal Information you authorize the Company to share with such Third Party. By consenting to the Company’s disclosure of your Personal Information to a Third Party, you acknowledge and undertake the foreseeable risk of use by that Third Party.
- LIMITATION OF LIABILITY.
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with this Agreement. The Company’s liability to you for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including but not limited to negligence, invasion of privacy, intrusion upon seclusion or appropriation of name, likeness or voice), breach of contract or otherwise, even if foreseeable is limited to ten percent (10%) of the Fees paid to you as compensation. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
- ATTORNEY’S FEES.
The prevailing party in any action sought to enforce or interpret this Agreement or any provision thereof shall be entitled to recover reasonable attorney’s fees and costs in conjunction with such legal proceeding.
This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Washington, United States of America, without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in King County of Washington in any legal suit, action or proceeding arising out of or based upon this Agreement or the Services provided hereunder. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.