SOFTWARE PRODUCTS TERMS OF USE
By using a Crowd Favorite Software Product, you are entering into a legally binding agreement with Crowd Favorite that includes provisions that (1) allow your use of a Crowd Favorite Software Product under certain terms and conditions, (2) make it clear that your use of a Crowd Favorite Software Product does not create a partnership relationship with Crowd Favorite, (3) except as expressly authorized by Crowd Favorite in writing, make it clear that you can not directly monetize your use of the Crowd Favorite Software Product, and (4) allows Crowd Favorite to terminate this Software Product Terms of Use and your use of the Crowd Favorite Software Products at any time; (the “Agreement”).
1. Crowd Favorite Software Products and Software Product Content
1.1 Crowd Favorite Software Products (“Software Products”) are tools that you may place on your website or application (“Application”) which allow users of your Application (“Users”) to access and view content on Crowd Favorite websites. You agree that these Software Products may display Crowd Favorite logos, information available on Crowd Favorite, search boxes that link to information located at Crowd Favorite.com, advertising for Crowd Favorite or advertising for third party products (“Software Product Content”).
1.2 Software Products include Software Product Content, as well as all software files or images incorporated in, or generated by, the Software Products, and any and all data and html embedded code that accompanies the Software Products, and any upgrades, enhancements or modifications to such software and code.
1.3 You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Software Product. If you object to our use of any of the foregoing tools, your sole recourse is to stop using the Software Products and remove the Software Products from your Application.
2. Software Product License
Subject to your compliance with this Agreement, Crowd Favorite grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Software Products on your Application solely for your own use as permitted by this Agreement. You are not licensed to use the Software Products for any other purpose, and, except for the limited license set forth herein, nothing in this Agreement shall be deemed to grant you any right, title or interest in the Software Products.
3. Restrictions on Use
The Software Product license is subject to the following restrictions on use: (a) you may not use the Software Products to facilitate the sale of access to Crowd Favorite or any information therein without Crowd Favorite’s prior written approval; (b) you may not obscure or disable any element of the Software Products; (c) your Application title and other trademarks and logos must appear at least as prominent as Crowd Favorite's trademarks and logos in the Software Products; (d) you may not display the Software Products in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by Crowd Favorite; (e) you may not display the Software Product on any Application that disparages Crowd Favorite or its products or services, infringes any Crowd Favorite or third party intellectual property or other right, or violates any applicable law, self-regulatory rules, industry rules and governmental regulations (collectively, “Applicable Law”); (f) you may not place the Software Products on Applications that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Crowd Favorite in its sole discretion and (g) you may not commingle or supplement the Software Product Content with any other Crowd Favorite data (e.g., you cannot supplement the data you have received via the Software Products with data scraped from our website (whether that scraping was done by you or someone else)). Subject to the limited license granted to you above, the Software Products and the Software Product Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed without Crowd Favorite’s prior written approval in each instance. You acknowledge and agree that Crowd Favorite may crawl or otherwise monitor your Application for the purpose of confirming compliance with this Agreement.
4. Refund Policy
We do not currently offer refunds for our products. If there were a technical issue, we would be happy to review the issue and review the options at that time.
5. Other Obligations
Your use of the Software Products must also comply with the following terms, which are hereby incorporated by reference: the Crowd Favorite Terms of Use; the Crowd Favorite Privacy Policy and the Crowd Favorite Cookie Policy. In the event of any conflict between the content in this document and the above documents, this document controls your use of the Software Products.
6. Compliance with Law
You will comply with all Applicable Law with respect to the use of the Software Products and the use of any AutoFill Information (including as applicable, offering the ability to and honoring any unsubscribe or opt-out, complying with consumer protection laws relating to marketing or telemarketing and complying with privacy and security laws).
7. Link to Content Pages
You may not display the Software Products in a manner that does not permit successful linking to, redirection to or delivery of the applicable Software Product Content. You may not insert any intermediate page, splash page or other content between the Software Products and the applicable Software Product Content.
8. Resale and Affiliate Sales
Crowd Favorite Software Products are intended for direct customer use only, resale and affiliate sales require specific approval, use our contact us to request an application complete the following form: Vendor Application.
9. Brand Features and Publicity Rights
Subject to the terms of this Agreement and the Crowd Favorite Branding Guidelines, we grant you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable and revocable license during the term of this Agreement to display the Crowd Favorite trademarks or logos that we may make available to you to publicize your use of the Software Products, but you may not state or imply that you have a partnership, or any other type of relationship, with Crowd Favorite, or make any other statements that suggest that your use of the Software Products exceeds the scope of use permitted by this Agreement.
10. Publicity by Crowd Favorite
We may publicly refer to you, orally or in writing, as a licensee of the Software Products and we may publish your name and/or logo on the Crowd Favorite website or service, in press releases, and in promotional materials without your prior consent. Following the termination of this Agreement and upon written request from you, Crowd Favorite will make commercially reasonable efforts to remove all references and links to your Application from the Crowd Favorite website or service. Crowd Favorite will have no other obligation to delete copies of, references to, or links to, your Application.
11. No Warranty
THE SOFTWARE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CROWD FAVORITE DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY SOFTWARE PRODUCT, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Crowd Favorite FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF THE SOFTWARE PRODUCTS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA OR INACCURATE DATA THAT RESULTS FROM THE USE OF THE SOFTWARE PRODUCTS.
12. Limitation of Liability
YOU AGREE THAT CROWD FAVORITE SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE SOFTWARE PRODUCTS. THIS LIMITATION OF LIABILITY SHALL APPLY TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CROWD FAVORITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CROWD FAVORITE’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED $50.00.
13. Indemnification
You will defend, hold harmless and indemnify Crowd Favorite and our affiliates, and their employees, shareholders and directors, from any third party claim or action, including all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of your obligations herein.
14. Right to Modify and Terminate
Crowd Favorite may modify, supplement or replace the terms of this Agreement for any reason, effective prospectively upon posting. If you do not agree to any changes to this Agreement, you can terminate this Agreement by discontinuing use of the Software Products. Without cause Crowd Favorite may (a) terminate your use of the Software Products, and (b) terminate this Agreement by giving notice to you. In either case, you agree to promptly remove the Software Products from your Application and cease all further use of the Software Products. Those rights and obligations that by their nature are intended to survive expiration or termination of this Agreement will survive.
15. General Provisions
This Agreement will be governed by and construed in accordance with the laws of the State of Nevada as such laws apply to contracts between Nevada residents performed entirely within Nevada. The Parties hereby irrevocably consent to the jurisdiction of either the state courts located in Clark County, Nevada or the federal courts for the Southern District of Nevada in any action arising out of or relating to this Agreement, and waive any other venue to which either Party might be entitled by domicile or otherwise. Nothing in this Agreement will be construed as creating a partnership or joint venture of any kind between the parties, and neither of us will have the authority to bind the other party or to contract in the name of or create a liability against the other party in performing its obligations or exercising its rights under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement cancels and supersedes any and all prior proposals and agreements (oral or written) between the parties, related to your use of the Software Products.
Copyright Notice
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