- 1.Welcome to Crescendospeak (the “Website”), operated/owned by Richfield ventures (“we,” “us,” or “our”). You agree to be bound by all the terms as detailed below and all other policies, procedures, published by us from time to time by registering for, visiting or using any part of the website, applications to be used by you on your computer/mobile/device including all the services, contents, applications etc.
- 2.That the services provided by us help you present your campaign to the crowd to bring together people who support what you are doing and to build your crowd network. Our website lends the social media voice. The Services let people be heard by posting a single message together at the same time. This is a Service where certain users can create a single message and invite others to support that specific message (“join” or “support” that Crescendospeak. The way you support a message is to grant the Service access to your Facebook®, Twitter® account to post that message on your behalf as a status update in your timeline or as a Tweet, as applicable. Once a given message has received a certain number of supporters specified by the creator of the message, or otherwise agreed upon, the Services then post (if you supported via Facebook and/or Tweet (if you supported via Twitter) that message on behalf of every user who supported the message. We do this once and roughly all at the same time.
- 3.LIMITED LICENSE
The license granted to you for use of the services provided by us is non transferable, non exclusive, and cannot be further delegated by you. You must comply with the terms and conditions as provided here. This license does not include: any right to use, modify, distribute or store any content other than for the foregoing purposes; any right to resell or use the Services or the contents of any part of the Services for commercial purposes; any derivative use of the Services and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering, automatic processing and extraction services. The Services and/or any portion thereof may not be reproduced, duplicated, copied, sold, resold, licensed, rented, visited, or otherwise exploited for any commercial purpose without our express written consent in advance.
- 4.Content Posted/ submitted by user:
Any matter posted or submitted while using the services provided by us whether in the form of text, photographs, comments, video, audio clip etc. singly or collectively is the sole responsibility of the person who originate such content whether by adding, uploading, submitting or distributing etc. Only that matter be published which a person has permission to publish and also by taking a requisite permission from the person who’s content is posted and, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to us. Person includes individual, association, body corporate and other juristic person.
Content posted by others:
We are not responsible for, and do not endorse, content or any other information, opinion, recommendation, or advice, expressed by third party in any posting made by another user on the services. We shall not be liable for any loss or damage caused in connection with any information, opinion, recommendation, or advice, expressed by a third party. You may notify us regarding any misuse of the services by third party.
- 5.Prohibition :ACTIVITIES PROHIBITED ON THE WEBSITE
Crescendospeak reserves the right to take a appropriate and legal action against any user who engages in any prohibited activity. The prohibited activity includes following but the following list is not exclusive. You shall not indulge in following :
- Using the Website for any purpose in violation of local, state, national laws or regulations;
- Using the Website for unsolicited or unauthorized advertising or promotional material, spam, or chain letters;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing, or offensive to any other person or entity as determined by us in our sole discretion or pursuant to local community standards;
- Posting Content that constitutes cyber-bullying, as we determine in our sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person without consent and permission of such person.
- Posting URLs to external websites or any form of HTML or programming code without requisite consent.
- Posting anything that may be “spam,” as we determine in our sole discretion;
- Impersonating another person when posting Content or otherwise using the Website, Licensed Application, or other services in a manner that may be misleading or confusing to others;
- Harvesting or otherwise collecting information about others, including, but not limited to, e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Harassing, threatening, stalking, or abusing any person;
- Encouraging other people to engage in any prohibited activities as described herein.
Further You shall not:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- run any form of auto-responder or “spam” on the Services;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
- harvest or scrape any Content from the Services; or
- otherwise take any action in violation of our guidelines and policies.
The policy of Crescendospeak concerns the visitors to the website, their rights and disclosure etc. as detailed here under:
COLLECTION OF INFORMATION
Collection of Personal Information:
In certain cases while using the services you are required to provide personal information which you may chose to provide. Your consent to transfer and store that information is implied by your so choosing. The personal information may include name, email i.d., user name, profile picture of facebook, twitter, etc. and other information.
Use of Personal Information : You agree that we may use your personal information to:
- provide the services and customer support you request;
- resolve disputes, respond to emails or other inquiries, and troubleshoot problems;
- prevent potentially prohibited or illegal activities, and enforce our website policies;
- customize, measure and improve our services and content;
- to provide you with news and information about our or third party offers, promotions, products, and services we think will be of interest to you;
- compare your information for accuracy, and verify it with third parties; and
- for any other purpose for which the information was collected
If you start a Crescendospeak, your Facebook username and your Facebook profile picture (if you register with Facebook), your Twitter username and Twitter picture (if you register with Twitter), will be displayed on this Website in connection with that Crescendospeak. These can only be removed by withdrawing from Crescendospeak.
When you support a Crescendospeak, your Facebook username and your Facebook profile picture (if you support the Crescendospeak via Facebook), your Twitter username and Twitter picture (if you support the Crescendospeak via Twitter), may be publicly displayed on the Website. You may choose not to display these, but at this time, you can only do so by opting out of supporting that Crescendospeak.
Third Parties Providing Services On Our Behalf
In order to carry out your requests, to make various features, services and materials available to you through the Website, and to respond to your inquiries, we may share your personal information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that: host or operate our Website; analyze data; provide customer service; mail products or manage payments; advertisers; sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance (such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list).
Your Agreement To Have Your Personal Information Shared
- 7.DISCLOSURE OF INFORMATION
The personal information so collected may be disclosed by us under legal compulsions or while defending against claims or your violating the rights of others, or for protection or safety of ours or third parties. The personal information may also be disclosed to the bodies providing technical services in the fourm of advertising, business operations including compliances, data analysis, investigations, law enforcement, in response to judicial process etc.
- 8.Security :
Transactions while logging in, registering, and in a logged in session are conducted in a Secure Socket Layer (SSL) session, which encrypts all transaction data for transmittal in a format designed to prevent theft of the information. While on a secure page, a lock will appear on the web browser and this lets you know that you are in a secured session. Our databases are protected from general employee access both physically and logically. We encrypt your account password so that your password cannot be recovered, even by us.
- 9.Reservation of Rights:
We reserve the right, in our sole discretion, but are not obligated, to do any or all of the following:
- Monitor, edit, or disclose any Content on the Services;
- Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards; and
We also reserve the right to transfer our assets to third party by way of acquisition.
- 10.Intellectual property rights:
All content included or available on or through the Services and in the Licensed Application, including, but not limited to, the site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright or other intellectual property and proprietary rights and laws and is owned or controlled by us or our licensors (unless noted otherwise). We and/or our licensors retain all right, title, and interest in and to all patent rights, trademarks, inventions, copyrights, know-how, trade secrets, and all other intellectual property rights relating to the Services and the Licensed Application and our Content.
Additionally, Crescendospeak™ and all other trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of ours and/or third parties (collectively, the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. We neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on the Services is at your own risk.
Except as expressly provided in the “Limited License” section above, your use of and access to the Services does not grant you any license or right to use any of our Trademarks, trade names, copyrights, or other intellectual property.
Facebook® and the Facebook logos are trademarks or service marks of Facebook Inc. registered in the U.S. and other countries, and are in no way affiliated with us. Twitter® and the Twitter logos are trademarks or service marks of Twitter, Inc. registered in the U.S. and other countries, and are in no way affiliated with us.
If any claim is made against Crescendospeak or user alleging that the user use of the website infringes IPR of Third party, Crescendospeak shall not be responsible and shall be entitled to require the user to cease the use of website and also to indemnify Crescendospeak against any direct or consequential claim.
The use of paid services is contingent on full payment of fees. The user agrees that Crescendospeak may use the customer logo, name, and trade mark in connection with advertising and marketing material.
- 11.Indemnity and liability :INDEMNIFICATION AND WARRANTY DISCLAIMERS
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services.
- 12.LIMITATION OF LIABILITY
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Crescendospeak or other services provided by us.
WE MAKE NO WARRANTY THAT (A) THE SERVICES OR THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES, THE SERVERS THAT MAKE THE SERVICES AVAILABLE, OR THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE LICENSED APPLICATION, (D) THE ACCURACY, LEGALITY OR QUALITY OF ANY SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, AND/OR (E) ANY DEFECTS OR ERRORS OF THE SERVICES OR THE LICENSED APPLICATION WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE LICENSED APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- 15.Governing Law and jurisdiction:
The use of the website will be governed by the laws of India, without regard to the conflict of law principles. The Crescendospeak shall be entitled to bring an action to prevent or restrain any breach or apprehended breach by the user or otherwise to protect Crescendospeak rights under the agreement apart from recovery of monetary damages, action.
The parties hereby agrees and submit to the exclusive jurisdiction of courts at Ludhiana, India. The user is responsible for compliance all the applicable law pertaining to be use and access to the services in his jurisdiction.
16.Third party services : Currently, the services are only available for use in connection with the facebook ® Service offered by facebook Inc., the twitter ® offered by twitter Inc. By using Crescendospeak via facebook or twitter we are authorized to use, reproduce, modify, display and distribute for purposes of displaying your facebook user name, profile, twitter user name, picture, and make any modification or changes you make to the message on or through the services to indicate you have joined, supported or your other affiliation with that massage. You shall comply with the terms and conditions laid by facebook Inc., twitter Inc. for using their services. The services offered by us may permit you to link to other websites, services or resource on the internet. When you access third party resources you do at your own risk as the same are not under our control. We shall not be liable or responsible for the content, legality, other aspects of such third party. The inclusion of any link does not imply our endorsement or association with such third party. You shall be solely liable and responsible for any damage, loss, caused in connection with the use, or reliance by you on such third party i.e. website or recourse.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Service availability: While Crescendospeak intend that the services should be available 24 hours a day, 7 days a week, it is possible that on occasion the services or website may be unavailable due to maintenance or other development activities. If for any reason Crescendospeak has to interrupt the services for longer period than normally expected, Crescendospeak shall use all the reasonable endeavors to publish in advance detail of such activities on the website.
- Waiver: If Crescendospeak shall waive any breach of the terms, the same would not constitute waiver of the breach for the same breach again.
- Force Majeure: Crescendospeak shall not be liable for any delay or non performance of obligation from any cause or causes beyond its reasonable control.
- Nothing in the terms and use would be construed as constituting or evidencing any partnership, agency, joint venture between Crescendospeak and the user. Neither party will have authority to make representation for and on behalf or to act in the name of the other in order to bind the other.
- Crescendospeak shall be free to assign, delegate, transfer the rights/obligations.
- Scheme/Prize money/Competition: The user agrees and admits that Crescendospeak does not run any game of chance/lottery while carrying on its activities of campaign etc. The user declaring prize money would be solely responsible and liable for any legal action. The user hereby agrees that Crescendospeak has no involvement in declaration, distribution of the scheme of prize money/competition. The user declaring the prize money/scheme would be responsible for any claim arising therefrom. The winner would be selected by a jury for the best entry.