By using any of the site, you expressly agree to be bound by these terms and all applicable laws and regulations governing the site and the Crowd for Angels platform. These terms form a legally binding agreement between you and Crowd for Angel and applies to all Crowd for Angel users of the site who may also be contributors of UGC posted on the site. You should read these terms carefully and ensure that you understand the effect before proceeding to use the site. If you disagree with any part of these terms, do not use the site or the Crowd for Angels platform. If you violate these terms, Crowd for Angels may terminate your use of the site, bar you from future use of the site and/or take appropriate legal action against you. Crowd for Angels reserves the right to change these terms at any time without notice, effective immediately upon posting on the site. Please check this page of the site periodically. You agree that Crowd for Angels will treat your use of the site as acceptance of the terms including your continued use subsequent to any changes being posted on the site. If We make any material changes, we will notify you by email.
2. Relationship to other agreements
During the course of your use of the site and the Crowd for Angels platform, you may choose to agree to be bound by certain other agreements. Nevertheless the Crowd for Angels agreement will continue to apply to you for as long as you continue to visit and use the site. However, if it turns out that there is a conflict between the Crowd for Angels agreement and a later agreement executed by you, the latter agreement to be executed by you shall take precedence.
3. IP licence
When using the site and the Crowd for Angels platform, if you make use of a feature that allows you to publish any UGC via the site by way of uploading text, comments, links, photos, video or otherwise contributing to publicly accessible areas of the site, you automatically grant:
(a) to Crowd for Angels, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the intellectual property rights therein, in connection with the provision of the Crowd for Angels platform services, including without limitation the promotion and redistribution of all or part of your UGC (and derivative works thereof) in any media formats and through any media channels;
(b) to each Crowd for Angels user, a worldwide, non-exclusive, royalty-free licence to access your UGC through the Crowd for Angels platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC ONLY to the extent permitted by the functionality of the Crowd for Angels platform.
‘Publicly accessible’ areas of the site are intended by Crowd for Angels to be available to all Crowd for Angels members of the site as well as Crowd for Angels (save for that UGC which can be accessed indirectly via the world wide web search engines), however, only limited functionality may be available to those who have either not undergone verification and/ or registration on the site by way of becoming a Crowd for Angels member. For example, a Crowd for Angels visitor will not be verified or registered and will therefore be able to view a pitch summary box but will be unable to access a detailed pitch by way of a full Crowd for Angels listing or the Crowd for Angels discussion board.
Unless terminated (or suspended) for reasons such as those set out herein or in the Crowd for Angels agreement or unless Crowd for Angels is no longer providing the Crowd for Angels platform services to you, the above IP licences granted by you terminate when you remove or delete all of your UGC or cancel your Crowd for Angels membership. You must contact Crowd for Angels by email to s[email protected] to request removal or deletion of UGC or cancellation of your Crowd for Angels membership.
Crowd for Angels does not guarantee any confidentiality with respect to UGC and you understand and agree that you are solely responsible for your own UGC and the consequences of posting or publishing it. Crowd for Angels does not claim ownership of the UGC you submit or make available for inclusion on the site. You retain all of your ownership rights in your UGC but you grant the limited IP licences set out above.
4. Crowd for Angels content on the site
With the exception of UGC submitted to the site by you, all other content and the selection and arrangement of such content on the site constitutes Crowd for Angels content and is either owned by, or licensed to, Crowd for Angels and is subject to copyright, trade mark rights, and other intellectual property rights of Crowd for Angels and licensors of Crowd for Angels. Such Crowd for Angels content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Crowd for Angels content not uploaded or posted by you are trade or service marks of their respective owners. Such Crowd for Angels content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Crowd for Angels or, where applicable, the licensors of Crowd for Angels. Crowd for Angels and/ or its licensors reserve all rights not expressly granted in and to their Crowd for Angels content.
5. Crowd for Angels content on the site
We will terminate the privileges of any Crowd for Angel user who uses this site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, Crowd for Angels members who submit UGC to this site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the Crowd for Angels member that they have used this site as an instrument of unlawful infringement, we will terminate the infringing Crowd for Angels membership rights to use and/or access this site. We may, also in our sole discretion, decide to terminate a Crowd for Angels member’s right to use or access the site prior to that time if we believe that the alleged infringement has occurred.
6. Links to other websites
This site may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under the control of Crowd for Angels or our affiliates. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if we include a link to another website on this site, that does not mean that we endorse that other website or in any way recommend that you should use it.
7. General restrictions on use
Subject to the following express restrictions, Crowd for Angels grants you permission to access and use the site and the Crowd for Angels platform services. You may view site pages, download site pages (for caching purposes only) and print site pages (excluding site images) and retain a copy of the same solely for your own personal, non-commercial use. You agree that your failure to adhere to any of these restrictions shall constitute a breach of these terms on your part. You agree:
(a) not to sell, license, rent, distribute or otherwise exploit any UGC or Crowd for Angels content for any other purposes without the prior written consent of Crowd for Angels or the respective licensors of the UGC or the Crowd for Angels content;
(b) not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the site or the Crowd for Angels platform services, including but not limited to any UGC or Crowd for Angels content, in any medium without Crowd for Angels’s prior written authorisation, unless Crowd for Angels makes available the means for such activity through the functionality offered by the Crowd for Angels platform;
(c) not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
(d) not to establish a link to our site in any website that is not owned by you;
(e) not to alter or modify any part of the site or any of the Crowd for Angels platform services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(f) not to access UGC or Crowd for Angels content through any technology or means other than the site itself or such other means as Crowd for Angels may explicitly designate for this purpose;
(g) not to access or attempt to use the Crowd for Angels login of other Crowd for Angels members or penetrate or attempt to penetrate the Crowd for Angels security measures;
(h) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the site or the Crowd for Angels platform services or features that (i) prevent or restrict use or copying of UGC or Crowd for Angels content; or, (ii) enforce limitations on the use of the Crowd for Angels platform services or the accessible UGC or Crowd for Angels content.
(i) not to use any area of the site or the Crowd for Angels platform services for any commercial purposes other than to list pitches and invest in pitches. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the site and barring anyone breaching this provision from future use of the site and the Crowd for Angels platform services. We reserve the right to block access to this site with respect to any Crowd for Angels user who is known or reasonably believed tobe (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these terms, or infringing the Crowd for Angels rights. Breaching any terms on the site will be deemed to be a breach of these terms.
(j) not to use the site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
(k) not to attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
(l) not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any Crowd for Angels user of the site or the Crowd for Angels platform services;
(m) not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching certain provisions above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
8. Prohibited content
The following is a partial list of content which is illegal or prohibited on the site. You agree that you will not submit any UGC to the site (or via the site) or in any way connected with the site, that:
(a) is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors or vulnerable adults;
(c) could be seen to incite abusive behaviour to another person or harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(e) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(f) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) displays pornographic or sexually explicit material of any kind;
(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal data (as defined in the Data Protection Act 1998) from anyone under 18;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other Crowd for Angels members; and,
(l) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
9. Availability and security of the site
Crowd for Angels does not warrant the validity and accuracy of information on the site or the Crowd for Angels platform services or that the site is kept up-to-date. The site and its content and the Crowd for Angels platform services are delivered on an "as-is" and "as-available" basis. Crowd for Angels shall use reasonable endeavours to ensure that the site, the Crowd for Angels platform services and any information it holds on you are kept secure. However, due to the nature of the internet, Crowd for Angels does not represent or warrant to you that:
(a) Your use of the site and/ or the Crowd for Angels platform services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the site or any content, search or link on it;
(b) Your use of the Crowd for Angels platform services will meet your requirements;
(c) any information obtained or downloaded by you as a result of your use of the Crowd for Angels platform services will be accurate, reliable or free of viruses or contamination or destructive features;
(d) Your shared UGC will not be used by a third party in various ways;
(e) there will not be any defects in the operation or functionality of any software provided to you as part of the Crowd for Angels platform services; and,
(f) those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
10. Suspension and termination
10.1 You acknowledge that Crowd for Angels has no obligation to monitor any UGC provided by Crowd for Angels members. You further understand and agree that in Crowd for Angels' sole discretion, and without prior notice, Crowd for Angels may terminate its licence with you and may therefore choose to suspend or terminate your access to the site and the Crowd for Angels platform services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if Crowd for Angels believes that the UGC you provided has violated or is inconsistent with these terms or has violated the rights of Crowd for Angels or a Crowd for Angels user. Notwithstanding this, you are solely responsible for, and bear the legal risk associated with such UGC anywhere in the world.
10.2 Crowd for Angels may release Crowd for Angels user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.
10.3 You agree that monetary damages may not provide a sufficient remedy to Crowd for Angels for violations of these terms and you consent to injunctive or other equitable relief for such violations.
10.4 You acknowledge and agree that to improve the site and/ or the Crowd for Angels platform services, Crowd for Angels may stop (permanently or temporarily) providing the Crowd for Angels platform services (or any features within the Crowd for Angels platform services) to you generally at Crowd for Angels' sole discretion, without prior notice to you.
11. Crowd for Angels member warranties
You represent and warrant that:
(a) You have (and will continue to have whilst the UGC remains posted on the site) all necessary licences, rights, consents, and permissions which are required to enable Crowd for Angels to use or display your UGC in the manner contemplated by these terms;
(b) You are happy to share your UGC with Crowd for Angels members as the case may be who access and/ or register on the site where applicable;
(c) You will not post nor upload any UGC which contains material which is unlawful for you to possess, or which it would be unlawful for Crowd for Angels to use or possess in connection with the provision of the Crowd for Angels platform services; and,
the UGC that tou submit to Crowd for Angels will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Crowd for Angels the IP licence referred to in Paragraph 3 above.
12.1 Nothing in this paragraph shall exclude or restrict liability for:
(a) fraudulent misrepresentations;
(b) any liability where the law does not permit such exclusion of liability; and,
(c) death or personal injury arising from negligence.
12.2 Crowd for Angels shall not be in breach of any of its obligations under these terms which arise or occur due to the act, omission, default of you or your failure to comply with any of your obligations.
12.3 Subject to Paragraph 12.1, Crowd for Angels shall not be liable to you in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by you arising from your use of the site and/ or the Crowd for Angels platform services or, any loss or damage which may be incurred by you as a result of:
(a) any breach by you of these terms or breach of warranty by you or the acts or omissions of you including your use of, or inability to use, the site and/ or the Crowd for Angels platform services;
(b) any reliance placed by you on the completeness, accuracy or existence of any UGC (including Crowd for Angels listings) or Crowd for Angels content;
(c) any changes which Crowd for Angels may make to the Crowd for Angels platform services, or for any permanent or temporary cessation in the provision of the Crowd for Angels platform services (or any features within the Crowd for Angels platform services);
(d) the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through your use of the Crowd for Angels platform services;
(e) the availability of third party sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and,
(f) the acts, omissions and conduct of any Crowd for Angels users in connection with or otherwise related to your use of the site and/ or the Crowd for Angels platform services.
12.4 The limitations on Crowd for Angels' liability to you in this paragraph shall apply whether or not Crowd for Angels has been advised of, or should have been aware of, the possibility of any such losses arising.
12.5 Different limitations and exclusions of liability will apply to liability arising from the Crowd for Angels investment process per se and any transaction that may ensue which is set out in the relevant agreements.
12.6 Except as expressly set out in these terms, Crowd for Angels gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
These terms shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of Crowd for Angels. Crowd for Angels reserves the right to assign or transfer all or any of its rights and obligations under these terms to any companies in the same group as Crowd for Angels or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the site.
In the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from these terms and shall not affect the validity and enforceability of the remaining terms.
15. No Waiver
In the event that either you or we fail to exercise any right or remedy contained in these terms, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.
If you wish to communicate with us about anything related to these terms, you may do so by sending an e-mail to [email protected]. Please note that the webmaster can only respond to questions about these terms and any technical issues with regards to the use of the site and that if you have any other questions about the site, you should e-mail the appropriate address set out in the "contact us" section of the site.
17. Choice of Law
These terms and the relationship between you and Crowd for Angels created by it, shall be governed by and construed in accordance with the laws of England and Wales.
You agree to submit to the exclusive jurisdiction of the courts of England and Wales. This means that if you want to bring a legal action against us, or we want to bring a legal action against you, it must be done in one of these courts.
“Crowd for Angels” is a registered trade mark.