CROWD CONTENT MEDIA INC.
Updated January 28, 2020
CROWDCONTENT.COM (“Website”) AND ALL ITS APPLICATIONS IS AN ONLINE SERVICE PLATFORM OWNED AND OPERATED BY CROWD CONTENT MEDIA INC.
The current owner of this Website is:
Crowd Content Media Inc.
300-764 Yates Street
Victoria, BC, Canada
I. Nature of this Website
- This Website provides a platform that gives writers a chance to create written content such as texts, articles, lyrics, scripts and other forms of written content requested by this Website or the Website’s clients and to be paid for creating such written content if accepted by this Website or this Website’s clients. The content may then be published on this Website or other websites depending on the nature and quality of the content.
- The writer is an independent contractor hired by the Website and is compensated by the Website for his or her services if applicable. The Website then licenses the content to the Website’s clients in most cases.
- The writer has no right that his or her content will be published or accepted. The Website reserves the right to reject and not pay for any content at any time without any explanation or reason. This Website or its clients are not obligated in any way to publish the writer’s content and, if published, the Website and its clients reserve the right to stop publishing the writer’s content at any time.
- This Website’s clients have certain rights based on the rules of this Website to accept or reject a writer’s content and not pay for such content.
- The writer has no right to publish or distribute or use in any way the client’s instructions or description of the content he or she orders at any time on this Website.
- Please see section XIV for our disclaimer of warranty and our limitation of liability.
III. AI Use and Content Creation
Under no circumstances is it acceptable to submit AI-generated content on our platform, including our marketplace and managed services. This policy also extends to AI-generated and human-edited content, as
the finished deliverable is still not 100% human written.
IV. Registration and Access to this Website
- To access and use this Website and to view certain content or offers provided by this Website, you are required to register with the Website and provide us with registration data such as your name, address, email address, and other information that we ask for. This registration is required if you as a writer wish to use this Website to create and publish content and to be paid for such services.
- Once you’ve opened an account with us, you may apply for job opportunities. We will ask you to create a new and original piece of written content or edit an existing piece of content.We will review this content and use it to determine your writing or editing abilities and skills. If we judge that you are qualified to work for this Website, we provide access to the job types you qualified for.
- The registration data and any other information you provide to this Website MUST be accurate, current, and complete. If this information is not accurate, current, and complete, this Website has the unconditional right to refuse you further access to this Website or any services or applications offered by this Website. We also reserve the right to terminate or suspend your account or access to this Website at any time.
- You have no right to be registered or associated with this Website. It is left to our sole discretion whether or not to accept you as a writer or as any other user of this Website.
V. Submitting Written Content and Articles
- As a registered writer, you are hired to create and submit written content and articles to the Website by typing the content into the content editor in your account or by typing the content on another program and then pasting such content into the content editor in your account.
- Each piece of content you submit to the Website must not infringe upon rights of third persons, in particular copyrights, moral rights, trademarks and service marks, or any other third persons rights. The content submitted to this Website must not be pornographic, obscene, slanderous, libelous, or in any way degrading to human nature.
- If you violate these conditions, we reserve the right to terminate your account and deny you further access to this Website.
VI. Rights Concerning Written Content and Articles
- The right to create derivative works includes without limitation changes to the writer’s content or articles in any way or form. You agree that this Website or this Website’s clients are allowed to create such derivative works and publish, perform, display, reproduce, distribute, and sell the works without restriction.
- The writer waives any moral or personal right to be named as the author or writer of his or her content or articles.
- It is left to the Website’s sole discretion as to whether or not any content or articles are accepted. The writer has no right that his or her content or articles will be accepted.
VII. Delivery of the Ordered Content or Article: Approval or Rejection by the Client
- The client may approve or reject the delivered content or articles. The client may also ask for revisions or changes to the delivered content or articles.
- The client can reject the delivered content or articles if the content does not meet the criteria of the order. The client must list and explain in detail why the rejection is occurring. This Website will assess the client’s rejection reasons and approve the rejection only if the content submitted by the writer does not meet the criteria of the original order instructions by the client. If the rejection is not approved, this Website will charge the client’s account as if the content was accepted by the client. This Website has the final word on whether or not a rejection is justified or unjustified and reserves the right to accept or reject any content or articles submitted by the writer.
- The client can also request to have revisions made to delivered content or articles instead of rejecting them. In such cases, the client must clearly articulate what needs to be revised so that the writer has the chance to make the appropriate changes or improvements. The client can only request a revision if the revision requests relate to, or reasonably close to, the clients original instructions for the order or if the submitted content does not meet the quality guidelines for such a quality level. After a revision request is made, this Website provides a certain amount of time for the writer to complete such revisions. This Website has the final word on whether a client’s revision request is justified or unjustified. If a revision request is not approved, this Website will charge the client’s account as if the content was accepted.
- The client has 72 hours (or the review time period that has been set in the Client’s account) to approve or reject submitted content or articles or to ask for revisions. If the client does not take any action within the 72 hours (or the review time period that has been set in the Client’s account), this Website will automatically accept the content and the client’s account will be charged.
VIII. Payment to the Writer
- For all submitted and accepted content or articles, the writer will receive a one-time flat fee payment from this Website for his or her services rendered according to our payment schedule which is listed on the Website. The payment is calculated based on (1) the number of words of the final accepted content, up to the maximum specified by the client for such order, (2) the quality level of the order, (3) whether or not the writer is currently eligible for any bonus amounts, and (4) whether or not the order had any bonuses applied to it by this Website.
- Payment to the writer/editor will be made every Tuesday and Friday, but only if the worker has a minimum of $10.00 in his or her account. Amounts less than $10.00 will be held until the worker’s account reaches $10.00 or higher, at which point he or she will be paid at the next pay date.
- Content or articles that are rejected will not be paid for. Also, certain content or articles that are not eligible for payment will not be paid for.
- This Website is not obligated to pay a writer for content or articles that infringe upon the rights of third persons. Payments that have already been made to the writer for such content or articles must be paid back to this Website by the writer. Additionally, this Website will claim and enforce any further rights against the writer in such cases.
- This Website is not obligated to pay a writer for pending orders or an existing account balance if the writer’s account is locked, deactivated or terminated.
IX. No Luring away of Clients
X. No Unauthorized Copying of Content on this Website
By using the Website, you agree to no copy any content from this Website or any part of this Website. You represent and warrant that you will not illegally download, copy, or redistribute any of the content from this Website.
XI. Third Party Fees
You acknowledge that access to this Website may involve third party fees, such as Internet service provider or airtime charges. You are solely responsible for these fees. In addition, you must provide and are responsible for all equipment necessary to access and use this Website.
XII. Links and Third Party Advertising
XIII. Usernames and Passwords
If this Website gives you a username and password, such information shall remain the sole and exclusive property of this Website and are issued to you as a revocable license. You must keep the username and password confidential.
XIV. Copyright and Trademark Protection
- Copyright Protection: All works and content included, contained or offered on this Website, in particular all literary works, pictorial and graphical works, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format are the property of the owners of this Website or their content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all content on this Website. We will report and prosecute offenders of our copyrights to the fullest extent of applicable law.
- Trademark Protection: All logos and other trademarks and service marks which you may find on this Website may be trademark protected by national and international trademark and service mark laws. These trademarks and service marks may not be used publicly except with express written permission from the owner of these trademarks and service marks. You are not allowed to do anything which may cause confusion among consumers with respect to the aforementioned trademarks and service marks.
XV. Disclaimer of Warranty
THE SERVICE OF THIS Website AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, OR NON-INFRINGEMENT OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN YOUR JURISDICTION.Â YOU EXPRESSLY AGREE THAT USE OF THIS Website OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS Website OR THE EMPLOYEES OR AFFILIATES OF THIS Website SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF THE OWNERS OF THIS Website. THIS Website MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS Website. WHEN YOU ACCESS THROUGH THIS Website ANOTHER WEBSITE, PLEASE BE AWARE THAT IT IS COMPLETELY INDEPENDENT; THIS Website HAS NO CONTROL OVER THE CONTENT ON THAT OTHER WEBSITE. THIS Website IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION PROBLEMS OF DOWNLOADED OR OTHERWISE USED CONTENT OF THIS Website OR ANY FORM OF WEBSITE DOWNTIME. THIS Website DOES NOT WARRANT THAT THIS Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN OR ON THIS Website WILL BE CORRECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA WHICH YOU MAY FIND IN OR ON THIS Website.
XVI. Limitation of Liability
- IN NO EVENT WILL THIS Website OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR- ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS Website, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR OFFERED ON THIS Website OR DOWNLOADED FROM THIS Website, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THIS Website OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THIS Website, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THIS Website.BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THIS Website’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- THIS Website IS ONLY A PLATFORM. EACH WRITER REGISTERED ON OR WITH THIS Website IS SOLELY RESPONSIBLE FOR HIS/HER OWN PROFILE AND CONTENT. ALSO, EACH WRITER IS SOLELY RESPONSIBLE FOR THE QUALITY, ACCURACY AND LEGALITY OF HIS/HER TEXTS OR ARTICLES. WE EXPLICITLY WANT TO HIGHLIGHT THAT BOTH THE WRITER AND THE CUSTOMER SHALL ALWAYS BE AWARE OF AND ABIDE BY THE FTC-RULES, IN PARTICULAR, WITHOUT LIMITATION, “THE GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING” (FEDERAL TRADE COMMISSION 16 CFR Part 255) WHICH, FOR EXAMPLE, CAN BE FOUND ON THE WEBSITE OF THE FEDERAL TRADE COMMISSION (seewww.ftc.gov).
- THIS Website OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR ANY OF THE WRITER’S TEXTS OR ARTICLES SENT THROUGH THIS Website. THIS Website IS IN NO WAY RESPONSIBLE FOR ANY CONSEQUENCE(S) IF ANY OF THE WRITER’S TEXTS OR ARTICLES ARE REJECTED OR DENIED ACCORDING TO THIS Website’s STANDARDS OR DISCRETIONS OR IF THE WRITER’S TEXTS OR ARTICLES ARE NOT PUBLISHED LATER.
- THIS Website OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR THIRD-PARTY SERVICES OFFERED ON OR USED BY THIS Website. THE RESPECTIVE THIRD PARTY, FOR EXAMPLE, PAYMENT SYSTEMS, ETC. IS SOLELY RESPONSIBLE FOR ITS OWN SERVICES. WE DO NOT WARRANT OR REPRESENT ANY OF ITS SERVICES IN ANY WAY OR FORM.
XVIII. Force Majeure
This Website is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond this Website’s reasonable control, including but not limited to:
- acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters;
- war, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- fiber cuts;
- strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
- failure of the telecommunications or information services infrastructure; and
- hacking, SPAM, or any failure of a computer, server or software.
XIX. No Agency Relationship
FOR WISCONSIN RESIDENTS: You represent that you can be considered an Independent Contractor as defined under section 102.07(8) of the Wisconsin statutes found here: http://dwd.wisconsin.gov/dwd/publications/wc/WKC_13486_P.pdf and agree to indemnify and save harmless the owner of the Website and its officers, directors, shareholders, employees, independent contractors, agents, successors and assigns for all costs incurred if the owner of the Website is required to purchase worker’s compensation insurance for Wisconsin residents as a result of your failure to meet such definition.
FOR CALIFORNIA RESIDENTS: You represent that you are an independent contractor as defined under the California Labour Code, as amended, and agree to maintain such status throughout your membership with this Website. If any competent authority determines that you are an employee of the owner of the Website, including but not limited to as a result of you submitting more than the maximum allowable number of content submissions under applicable law, you agree to indemnify, save harmless and wholly release the owner of the Website and its directors, officers, shareholders, employees, independent contractors, agents, successors and assigns from any and all damages, penalties, interest, costs and liabilities of any nature or kind arising as a result of the owner of the Website not making any statutorily required source deductions pursuant to any legislation or plans applicable to payments to you hereunder or failing to comply with any requirements applicable to employees within the State of California.
XX. Termination of Membership
- Without limiting other remedies, this Website may issue a warning or terminate your access to this Website at any time, with or without advance notice or permission, if
- We are unable to verify or authenticate any information you provide to us;
We decide to stop operating this Website entirely or parts thereof.
You agree and acknowledge that neither this Website nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or access to this Website. After termination by us, re-registration of you as a user of or on this Website is strictly forbidden. This Website and its affiliates disclaim any and all liability or responsibility arising from fraudulent entry and use of this Website. In case of fraud, we will take all necessary and appropriate actions under applicable federal, state, and international laws.
XXII. Exclusion of Certain International Provisions
XXIII. Rights to Injunctive Relief
XXIV. Attorney’s Fees
XXV. Entire Agreement