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Effective
April 20, 2007:
1. ACCEPTANCE OF TERMS & USE
POLICY
UpCrowd provides a collection of online resources, including classified ads,
forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Service ("TOS"). By using the Service in
any way, you are agreeing to comply with the TOS. In addition, when using
particular UpCrowd services, you agree to abide by any applicable posted
guidelines for all UpCrowd services, which may change from time to time.
Should you object to any term or condition of the TOS, any guidelines, or any
subsequent modifications thereto or become dissatisfied with UpCrowd
in any way, your only recourse is to immediately discontinue use of UpCrowd. You
must be at least 14 years old or older to use this site. Any one pretending to
be older or younger will be deleted.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes.
3. SITE CONTENT
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you post,
email or otherwise make available via the Service. You understand that
UpCrowd does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the UpCrowd site and Content available through
the Service may contain links to other websites, which are completely
independent of UpCrowd. UpCrowd makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained in
any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under no
circumstances will UpCrowd be liable in any way for any Content or for any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that UpCrowd does not pre-screen or approve Content, but that UpCrowd
shall have the right (but not the obligation) in its sole discretion to refuse,
edit, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOS or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The UpCrowd site and Content available through the Service may contain features
and functionalities that may link you or provide you with access
to third party content which is completely independent of UpCrowd, including web
sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services, and the
Internet as a whole.
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties.
You agree that UpCrowd shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that UpCrowd is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release UpCrowd, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and / or our service. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify UpCrowd's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
info@kingscorwngames.com
or:
Copyright Agent
UpCrowd
P.O Box 3834
Burbank, CA 91508
Please provide our Agent with the following Notice:
a) Identify the material on the UpCrowd site that you claim is infringing, with
enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf of
that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
UpCrowd will remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Your use of the UpCrowd website or the Service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that
UpCrowd may, in its sole discretion, preserve or disclose your Content, as well
as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOS; respond to claims that any Content
violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been posted
or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of UpCrowd, its users or the
general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual
conduct including but not limited to (i) sexual intercourse, including
genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of
any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the
sale or rental of any dwelling, a discriminatory preference based on race,
color, national origin, religion, sex, familial status or handicap (or violates
any state or local law prohibiting discrimination on the basis of
these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws,
including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion, sex,
national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates
the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful permanent
residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation, executive
order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a
UpCrowd employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another personwithout
that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the UpCrowd sites which are not designated for such
purposes; or emailed to UpCrowd users who have not indicated in writing that it
is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in
"services";
n) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by California
law. A partial list of prohibited items for sale and prohibited services
offered is provided at the following web address for your convenience:
o) that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful
purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly
permitted by UpCrowd;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or
similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum,
or in more than one metropolitan area;
x) attempt to gain unauthorized access to UpCrowd's computer systems or engage
in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
UpCrowd website; or
y) use any form of automated device or computer program that enables the
submission of postings on UpCrowd without each posting being manually
entered by the author thereof (an "automated posting device"), including without
limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers
to post Content to the Service on behalf of others. To
moderate demands on UpCrowd's resources, you may not use a Posting Agent to post
Content to the Service without express permission or
license from UpCrowd. Correspondingly, Posting Agents are not permitted to post
Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate posting Content on
behalf of others, except with express permission or
license from UpCrowd.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
UpCrowd email addresses or through UpCrowd computer systems, which is
expressly prohibited by these TOS, will use or cause to be used servers located
in California. Any unauthorized use of UpCrowd computer systems
is a violation of the TOS and certain federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an
access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content and
compliance with the TOS. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOS.
11. LIMITATIONS ON SERVICE
You acknowledge that UpCrowd may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that UpCrowd has no
responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that UpCrowd
reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that UpCrowd shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
UpCrowd grants you a limited, revocable, nonexclusive license to access the
Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection, aggregation,
copying, duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by UpCrowd.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file. "General
purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings or in any
subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing classified ad
listing services.
UpCrowd permits you to display on your website, or create a hyperlink on your
website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOS,
absent express permission granted by UpCrowd to do so. You may also create a
hyperlink to the home page of UpCrowd sites so long as the
link does not portray UpCrowd, its employees, or its affiliates in a false,
misleading, derogatory, or otherwise offensive matter.
UpCrowd offers various parts of the Service in RSS format so that users can
embed individual feeds into a personal website or blog, or view postings
through third party software news aggregators. UpCrowd permits you to display,
excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the post when
the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'UpCrowd' as the source, (d) your use or display
does not suggest that UpCrowd promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
UpCrowd's systems. UpCrowd reserves all rights in the content of the RSS feeds
and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
UpCrowd immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from UpCrowd.
13. TERMINATION OF SERVICE
You agree that UpCrowd, in its sole discretion, has the right (but not the
obligation) to edit, modify, delete or deactivate your account, block your email
or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
UpCrowd believes that you have acted inconsistently with the letter or
spirit of the TOS. Further, you agree that UpCrowd shall not be liable to you or
any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 12-18 shall survive termination of the TOS.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the site or
the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further reproduction
or redistribution is prohibited without the express
written consent of UpCrowd. You further agree not to reproduce, duplicate or
copy Content from the Service without the express written
consent of UpCrowd, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect
of the Service. UpCrowd is a registered mark in the U.S. Patent
and Trademark Office.
Although UpCrowd does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
UpCrowd an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant UpCrowd all rights necessary to prohibit any subsequent
aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE UpCrowd SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. THE UpCrowd SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, UpCrowd
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE UpCrowd SITE AND THE SERVICE. TO
THE FULLEST EXTENT PERMITTED BY LAW, UpCrowd DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
UpCrowd SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY
LINKS ON THE UpCrowd SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, UpCrowd
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE UpCrowd SITE OR THE SERVICE. Some jurisdictions do not allow
the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL UpCrowd BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF UpCrowd
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE UpCrowd SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE UpCrowd SITE OR THE SERVICE, FROM
INABILITY TO USE THE UpCrowd SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE UpCrowd SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE UpCrowd SITE OR THE SERVICE OR ANY
LINKS ON THE UpCrowd SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE UpCrowd SITE
OR THE SERVICE OR ANY LINKS ON THE UpCrowd SITE. THESE LIMITATIONS SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold UpCrowd, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand, including
reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the TOS, your
breach of any of the representations and warranties herein, or your violation of
any rights of another.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and UpCrowd and govern your
use of the Service, superseding any prior agreements between you
and UpCrowd. The TOS and the relationship between you and UpCrowd shall be
governed by the laws of the State of California without regard to
its conflict of law provisions. You and UpCrowd agree to submit to the personal
and exclusive jurisdiction of the courts located within the county
of San Francisco, California. The failure of UpCrowd to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS, by flagging the posting(s) for review,
or by emailing to:
info@kingscrowngames.com
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for UpCrowd to pursue legal action to enforce the TOS, you will be liable to pay UpCrowd the following amounts as liquidated
damages, which you accept as reasonable estimates of UpCrowds' damages for
the specified breaches of the TOS:
a. If you post a message that (1) impersonates any person or entity; (2) falsely
states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about another
person without that person's explicit consent, you agree to pay
UpCrowd one thousand dollars ($1,000) for each such message. This provision does
not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If UpCrowd establishes limits on the frequency with which you may access the
Service, or terminates your access to or use of the Service, you
agree to pay UpCrowd one hundred dollars ($100) for each message posted in
excess of such limits or for each day on which you access UpCrowd in
excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to UpCrowd email addresses or
through UpCrowd computer systems, you agree to pay
UpCrowd twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOS, other than as described above,
you agree to pay UpCrowd one hundred dollars ($100) for each
Item of Content posted. In its sole discretion, UpCrowd may elect to issue a
warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOS, in
addition to any liquidated damages under clause (d), you agree to
pay UpCrowd one hundred dollars ($100) for each and every Item of Conent posted
in violation of the TOS. A Posting Agent will also be deemed an agent
of the party engaging the Posting Agent to access the Service (the "Principal"),
and the Principal (by engaging the Posting Agent in
violation of the TOS) agrees to pay UpCrowd an additional one hundred dollars
($100) for each Item of Conent posted by the Posting Agent on
behalf of the principal in violation of the TOS.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit
for any purpose any Content (except for your own Content) in
violation of the TOS without UpCrowd's express written permission, you agree to
pay UpCrowd three thousand dollars ($3,000) for each day
on which you engage in such conduct.
Otherwise, you agree to pay UpCrowd's actual damages, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other
provision of the TOS, UpCrowd retains the right to seek the remedy of specific
performance of any term contained in the TOS, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in the TOS, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments on this document in the UpCrowd feedback
forum
please email us at info@kingscrowngames.com.
About upcrowd.com upcrowd.com is an online
service that allows our members to set up unique personal profiles that can be
linked together through networks of friends. upcrowd members can view each
others' profiles, communicate with old friends and meet new friends on the
service, share photos, post journals and comments, and describe their interests.
To enrich our members' experience, we request and display some personal
information to other members and visitors, which allows our users to identify
each other and expand their network of friends. upcrowd members can change their
profile information at any time and can control how other members and the
service communicates with them.
UpCrowd.com cares
deeply about online privacy If you have any questions concerning this privacy
policy, please email us at info@kingscrowngames.com.
Information Collection and Use by upcrowd.com Upcrowd.com collects
user submitted information such as name, email address, and age to authenticate
users and to send notifications to those users relating to the upcrowd.com
service. upcrowd.com also collects other profile data including but not limited
to: personal interests, gender, age, education and occupation in order to assist
users in finding and communicating with each other.
Upcrowd.com also logs
non-personally-identifiable information including IP address, profile
information, aggregate user data, and browser type, from users and visitors to
the site This data is used to manage the website, track usage and improve the
website services. This non-personally-identifiable information may be shared
with third-parties to provide more relevant services and advertisements to
members. User IP addresses are recorded for security and monitoring purposes
User Profile information including members' pictures and first names are
displayed to people in order to facilitate user interaction in the upcrowd.com
social networking community. Email addresses are used for the purposes of
inviting new friends to join upcrowd, to add users to members' friends'
networks, and to send notifications related to the service. With the exception
of inviting friends, adding friends, and notifications, a user's email address
is not shared or displayed to people within a user's personal network Users
within a personal network communicate on upcrowd.com with each other through the
upcrowd.com service, without disclosing their email addresses. Users' full names
are never directly revealed to other members. To facilitate searching and
finding friends and acquaintances on the service, upcrowd.com allows users to
search for other members using first and last name, email address, and schools
and/or companies where users may have attended or worked.
We may also use a user's email address to send updates, a newsletter or news
regarding the service. Users may choose not to receive email of this type by
changing their "notification" setting to "Do not send me notification emails" in
the user "Account Settings" From time to time, upcrowd.com or a partner, may
sponsor a promotion, sweepstake or contest on upcrowd.com. Users may be asked to
provide personal information including name, email address or home address or to
answer questions in order to participate. We may transfer personal information
to certain ad partners that you have explicitly requested to receive information
from. It will be clear at the point of collection who is collecting the personal
information and whose privacy statement will apply.
Links Upcrowd.com contains links to sites. upcrowd.com is not
responsible for the privacy policies and/or practices on other sites. When
linking to another site a user should read the privacy policy stated on that
site. Our privacy policy only governs information collected on upcrowd.com.
Correcting/Updating or Removing Information
Upcrowd.com users may
modify or remove any of their personal information at any time by logging into
their account and accessing features such as Edit Profile and Account Info.
Email Choice/Opt-out
Members who no longer
wish to receive updates or notifications may choose not to by selecting 'Do not
send me notification emails' in the user profile 'Account Settings'. Users who
do not wish to receive upcrowd.com newsletters may choose not to by selecting
'Do not send me upcrowd newsletters' in the user profile 'Account Settings'. All
notification emails and upcrowd.com newsletters also include the above
instructions for opting-out of those communications in the future.
Third Party Advertising
Ads appearing on this Web
site may be delivered to users by upcrowd.com or one of our Web advertising
partners. Our Web advertising partners may set cookies. These cookies allow the
ad server to recognize your computer each time they send you an online
advertisement. In this way, ad servers may compile information about where you,
or others who are using your computer, saw their advertisements and determine
which ads are clicked on. This information allows an ad network to deliver
targeted advertisements that they believe will be of most interest to you. This
privacy statement covers the use of cookies by upcrowd.com and does not cover
the use of cookies by any advertisers.
Security Upcrowd.com member accounts are secured by member-created passwords
upcrowd.com takes precautions to insure that member account information is kept
private. We use reasonable measures to protect member information that is stored
within our database, and we restrict access to member information to those
employees who need access to perform their job functions, such as our customer
service personnel and technical staff. Please note that we cannot guarantee the
security of member account information. Unauthorized entry or use, hardware or
software failure, and other factors may compromise the security of member
information at any time For any additional information about the security
measures we use on upcrowd.com, please contact us a info@kingscrowngames.com
Changes in Our Privacy Policy
From time to time we may
make changes to our privacy policy If we make changes, we will post them on our
site to make users aware of what the changes are so users will always be aware
of what information we collect, how we use it, and when we may disclose it. A
User is bound by any minor changes to the policy when she or he uses the site
after those changes have been posted If, however, we are going to use users'
personally identifiable information in a manner materially different from that
stated at the time of collection we will notify by posting a notice on our Web
site for 30 days.
Contacting the Web Site If you have any
questions about this privacy statement, the practices of this site, or your
dealings with this Web site, please contact us at: info@kingscrowngames.com (upcrowd,
P.O.Box 3834, Burbank, CA 91508)
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