Welcome to CrowdFlower. Thank you for being a part of our community.
All users of our website must agree to the following terms. Please read them carefully.
By using or registering for our site, you agree that:
Under these terms, “we” and “us” refers to CrowdFlower, Inc. and its subsidiaries, affiliates, officers, agents, employees, representatives and agents, and our “website” includes any website under our control, including www.CrowdFlower.com.
CrowdFlower provides a platform on which an individual (“Contributor”) can choose to perform tasks that a third party entity or CrowdFlower itself (each a “TaskAuthor”) posts to the CrowdFlower website. TaskAuthors post tasks and invite Contributors to perform them in exchange for rewards provided by CrowdFlower. We charge companies and individuals (each a “Customer”) for use of our platform so that they may author tasks, hire us to author tasks, and/or gain access to the Contributors.
To use our website you must be at least 18 years old and capable of entering into legally binding contracts. CrowdFlower is available to U.S. and international users except where prohibited by U.S. or local governing law.
If you are a Customer or TaskAuthor, you agree to the Customer Terms and Conditions in addition to these Terms of Service.
Upon registering with CrowdFlower you will be asked to create a username and password. You alone are responsible for ensuring and maintaining the security of your account, passwords, and any authentication keys associated with your account, and you are responsible for any use of or action taken through use of that information on CrowdFlower. You must notify CrowdFlower immediately if you suspect that your account information has been stolen or used by someone else.
You are encouraged to interact with other users anywhere on our website, Forum, messaging, chat, and other social media channels controlled by CrowdFlower, but if you do so you must comply with our Code of Conduct.
You WILL NOT:
CrowdFlower may verify your identity. This may include comparing your personal information against third party databases or official legal documents. You authorize us to make any inquiries necessary to confirm your identity, your ownership of your email address, and your ownership of your financial accounts. You agree to provide information about you to assist us in verifying your identity.
You alone are responsible for complying with federal, state, provincial, and local laws in connection with your use of our website. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights.
If you are a Contributor, you alone are responsible for payment of any estimated or other federal, state, or local income taxes, social security, FICA, and workers’ compensation owed as a result of use of our website, as well as similar taxes or charges in non-U.S. jurisdictions. You agree to indemnify and hold us harmless for any assessments against us because you failed to comply with any tax law.
We may suspend, limit, or cancel your access to the CrowdFlower website at any time for any reason (except as provided in the Contributor Dispute Resolution section below), including because: (a) we believe you have violated these Terms of Service; (b) we believe you have violated our rights or the rights of any third party; (c) we are unable to verify or authenticate information you have provided to us; or (d) we believe your actions may create liabilities for you, us, or a third party.
If we suspend or terminate your account, you will no longer have access to any parts of the CrowdFlower site, including data, messages, files, and other material you keep on the site. You may NOT continue to use our website under a different or new account name. Violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
If you are a Contributor, you and only you decide which and how many tasks to complete, and when and where you complete them. You are free to spend as much or as little time completing tasks as you choose. At no time are you under any obligation to complete a task.
Neither your use of our website nor anything in this agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and CrowdFlower. We do not provide you with any equipment or tools to complete a task. We do not provide you any benefits, workers’ compensation, or insurance coverage. We are not responsible for any expenses you incur in using our website. We will not withhold any amount from your reward for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors.You do not have the authority to enter into any contract, written or oral, on behalf of CrowdFlower.
Notwithstanding the foregoing, if you are a U.S. taxpayer we may request from you a W-9, to be updated annually, and we may bar you from performing tasks until you have completed or updated a W-9.
If you are a Contributor, CrowdFlower will reward you for acceptable completion of certain tasks. In the event you are found to have engaged in fraud, abuse, or violation of these Terms of Service, any and all rewards to you may be withheld and/or recovered by CrowdFlower.
If, for any reason, CrowdFlower or the TaskAuthor does not accept performance of a task you completed, you as a Contributor will not be entitled to any reward for the task. In the event that rewards were already dispersed to you for an unacceptably completed task, we may recover them from you.
By performing tasks on our website you may accrue qualifications and skills, which we will grant in our discretion. We reserve the right to create, edit, or revoke your qualifications and skills at any time, for any reason or no reason at all. Because we do not discriminate on the basis of national origin, race, color, gender, sexual orientation, or any other class protected by law, you will have the same opportunity as any other Contributor to achieve access to tasks as your qualifications and skills accumulate. As a Contributor, if you believe that problematic test questions have affected your qualifications, skills, or rewards, you may provide well-supported contentions describing of problematic test questions via the task interface or via a ticket in our support system.
You do not have any intellectual property or proprietary right, nor any other right, title, or interest, in our website, our software, our trademarks, logos, domain names, or other brand features, or any other related information or materials, all of which remain ours. No one may use our website except as authorized by us. We reserve the right to withdraw, expand, reduce, or otherwise change the website at any time in our sole discretion. No one shall be entitled to create any links to our website, or frame or mirror any content contained on or accessible through our website.
If you are a Contributor, CrowdFlower, and not you, has proprietary rights in any work you produce as part of completing any task. By accepting the terms of this Agreement you agree to transfer possession, ownership, and title to your work to us. To ensure that we are able to acquire, perfect, and use such rights, you further agree to (i) sign any documents to assist in the documentation, perfection and enforcement of our rights; and (ii) provide reasonable access to information for recording, perfecting, securing, defending, and enforcing such proprietary rights in any and all countries. Your obligations under this section will continue even after you deregister from or cease use of CrowdFlower. You appoint us as your attorney-in-fact to execute documents on your behalf for the purposes set forth in this section.
CrowdFlower respects the intellectual property of others and we reserve the right to remove from our site any material that we believe may violate the intellectual rights of any third party. If you believe that your own work has been copied in a way that constitutes copyright infringement on this website, please contact CrowdFlower customer support.
As a Contributor, you agree to indemnify, defend, and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs), arising from or relating to your performance of tasks or your use of our website.
CrowdFlower is not a party to any dispute between you and another CrowdFlower user. You release CrowdFlower and its affiliates from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with any dispute between you and another user.
Confidential information is any information that is marked as confidential or proprietary, or which should reasonably be understood by the receiving party to be confidential or proprietary. This does not include any information that is (1) publicly available, (2) already in the possession of, developed independently by, or already known to the receiving party, or (3) has been disclosed by court order or as otherwise required by law.
Whether you are a TaskAuthor, Customer, or Contributor, if you are provided with confidential information from anyone on our website, you agree to protect the secrecy of the confidential information with the same degree of care you use to protect your own confidential information, but in no event with less than due care. You may not disclose or publish any such confidential or proprietary information, except as may be necessary for performance of a task.
If and when you no longer need the confidential information you received, you must promptly return or destroy (as requested by whoever disclosed the information) all copies of the information that exist on the premises, systems, or other equipment you control.
Because disclosing confidential information may cause irreparable harm, the disclosing party is entitled to seek injunctive relief for any breach or threatened breach of this term.
We may amend these terms at any time by posting a revised version of them on our website, and you are responsible for checking our website regularly for any such changes. In the event of any such change, you may continue to access or use our site after the revisions become effective, in which case you agree to be bound by the revised Agreement. If you do not agree to any new terms we introduce, please stop using our website.
We may improve or modify our website without notice to you.
Our website may contain links to third-party websites. We do not control, investigate, monitor, or check such websites. We are not responsible for nor do we endorse the computer programs, content, or opinions contained on such websites. If you decide to leave our website and access any third-party website, you do so at your own risk.
OUR WEBSITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, WITH REGARD TO ACCESSIBILITY, FITNESS, LAWFULNESS, AVAILABILITY, OR FUNCTIONALITY OF OUR WEBSITE, SOFTWARE, THE TASKS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CROWDFLOWER DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CROWDFLOWER WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS TO CEASE USE OF OUR WEBSITE. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the website or CrowdFlower software. Scheduled and unscheduled interruptions may occur, and we do not warrant uninterrupted availability of our website.
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF CROWDFLOWER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,500; AND (B) ANY CROWDFLOWER FEES RETAINED BY CROWDFLOWER WITH RESPECT TO TASKS POSTED BY A TASK TASKAUTHOR DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
If you are a Contributor, you agree to the following arbitration clause and class action waiver:
The laws of the State of California govern these Terms of Service and any controversy, dispute, or claim arising from them.
You may choose at any time to cease using our website, provided that you must abide by all applicable CrowdFlower policies. We may, in our sole discretion, terminate this agreement, suspend access to our website, or remove any services immediately without notice for any reason.