LoudCrowd – Terms of Service

Last Updated: October 18, 2024

Please read these Terms of Service (“Terms”) carefully before using the services provided by LoudCrowd, Inc. (“LoudCrowd,” “we,” “us,” or “our”). These Terms govern your access to and use of our website (loudcrowd.com) and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you can form a binding contract with LoudCrowd, and that you accept these Terms and agree to comply with them. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and disclose information about you. By using our Services, you consent to our collection and use of information as outlined in the Privacy Policy.

3. Changes to Terms or Services

We may modify these Terms at any time at our sole discretion. If we do so, we will let you know by posting the modified Terms on our website and updating the “Last Updated” date above. It is important that you review the Terms whenever we update them. Your continued use of the Services after any modification indicates your acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue your use of the Services.

4. Eligibility

You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory) and are not barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your jurisdiction, you represent that your parent or legal guardian has read these Terms and accepts them on your behalf.

5. User Accounts

To access certain features of the Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

6. User Content

Our Services may allow you to store or share content, including text, images, and videos (“User Content”). You retain all rights to your User Content. By making any User Content available through the Services, you grant LoudCrowd a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

7. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law or regulation.
• Infringing upon the rights of others, including intellectual property rights.
• Interfering with or disrupting the Services or servers.
• Using the Services for any illegal or unauthorized purpose.
• Attempting to gain unauthorized access to any portion of the Services.

8. Intellectual Property Rights

The Services and all materials therein, including text, graphics, logos, and software, are the property of LoudCrowd or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.

9. Termination

We may terminate or suspend your access to the Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

10. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis. LoudCrowd disclaims all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

11. Limitation of Liability

To the fullest extent permitted by law, LoudCrowd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.

12. Indemnification

You agree to defend, indemnify, and hold harmless LoudCrowd and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

14. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Austin, Texas.

15. General Terms

• Entire Agreement: These Terms constitute the entire agreement between you and LoudCrowd regarding the use of the Services.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Contact Information

If you have any questions about these Terms, please contact us at [email protected].