The following terms of service (these “Terms of Service”), govern your access to and use of the Crowds Now website and mobile application, including any content, functionality and services offered on or through www.CrowdsNow.com or the Crowds Now mobile application (the “Site”) by Crowds Now Holding Pty Ltd and its subsidiaries Crowds Now IP Pty Ltd and Crowds Now Pty Ltd  as applicable are collectively referred hereto as “Crowds Now®” “we” or “us” and “you” means you as an user of the Site.

 

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Crowds Now Payment Terms, found here (“Payment Terms”), Crowds Now’s Community Standards, found here, and any additional standards, conditions, policies, guidelines and in-product disclosures (collectively, the “Terms”), which are incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

 

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms. Contacting our Customer Support team can be performed by submitting a request here. For additional information on our designated contact points, see here.

 

IF YOU ARE A USER RESIDING IN THE UNITED STATES, PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE ALL DISPUTES BETWEEN US AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE ACTION. SEE SECTION 17 BELOW.

1. Representations and Warranties

  1. This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 you are not permitted to use the Site or the Crowds Now services.
  2. The Site is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the United States, European Union, Australia or any other applicable jurisdiction.
  3. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

2. Key Terms

  1. Attributes are used to describe physical features in which companies can search for Talent for specific jobs. Attributes may not be limited to physical features – but they do not pertain to an actual skill set that is needed for any Event (job).
  2. Categories are the filters that events are broken down into.
  3. Distance can be set from either a home location or a current location or an alternate location by the Talent.
  4. Events are the jobs and or campaigns that are available for talent to apply for.
  5. Fixed Rate means the rate per hour agreed between Talent and Organisation for a fixed Term (Which is a time period that is agreed between a start date and an end date that is extends for more than a 24 hour period; but is caveated to not longer than 8 hour days).
  6. Flags means the system of notifying on violations of our terms.
  7. Hourly Contractmeans an Order based on an hourly Custom Offer with an Hourly Rate.
  8. Hourly Limit / Weekly Hourly Limitmeans the limit on the working hours per week defined in an Hourly Contract.
  9. Hourly Ratemeans the rate per hour agreed between Talent and Organisation for an Hourly Contract.
  10. Job Type describes the urgency of any event. Whether this is limited to a fixed rate, hourly and or urgent.
  11. Organisationsare business or companies who list their services / products on Crowds Now for talent
  12. Talentare users who purchase services on Crowds Now.

3. Overview (main terms, in a nutshell)

  1. Only registered talent and or companies may hire or be hired on Crowds Now. In registering for an account, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
  2. Organisations determine their pricing, at their sole discretion. Services on Crowds Now may be offered at a base starting price of US$15 and a minimum Hourly Rate of US$7.25. Crowds Now reserves the right to set a higher base starting price in certain categories. Fixed Rates over longer terms may also attract a lower “per hour” rate based on a longer term agreed period.
  3. Companies/Organisations pay Crowds Now in advance via Escrow to create an Order and ensure they are eligible for the payment to the talent. As further detailed on the Payment Terms.  For Hourly Contracts, Crowds Now Organisations/Companie pay once a week, every Monday, for the hours detailed in the Hourly Weekly Report (for more information, see the Hourly Contract section on the  Payment Terms.
  4. For fees and payments please read the Payment Terms.
  5. Talent must fulfill their Event once they have booked it, and may not cancel Events on a regular basis or without cause. Cancelling Events must be done inside of 48 hours to avoid receiving a Flag.
  6. Talent only get paid on completion of a job assigned by an Organisation. They must follow the event/job assigned in full. This requires inclusion of a QR code being signed in and out via the app. If any part of the event task is missed Talent will not get paid. Funds are only released via escrow on completion of the job.
  7. Crowds Now is a marketplace for services offered by Organisations/Companies. Organisations confirm they will engage all Talent as independent contractors. They agree they will not exercise direct control over how they perform their work, however in some case by case basis – my upgrade to provide content and or copy in line with brand voice. They agree they will not provide supervision or direction on the manner or means by which the services are completed.
  8. We care about your privacy. You can read our Privacy Policy here.

4. Organisations/Companies

  1. Basics
    1. Organisations/Companies create Events on Crowds Now to allow Talent to promote their services/products.
    2. Organisations are not permitted to poach any Talent directly and or ask for personal details. Crowds now does not retain data from any talent. As such, any exchange of details or breach of data will see an Organisation/Company profile terminated.
    3. Organisations/Companies are covered by a general non-disclosure agreement (“NDA”); but it is recommended that they engage and have their own NDA/Confidentiality agreements for their own campaigns to maintain anonymity
    4. Companies are required to have their own insurance, indemnity and liability and by signing up to the platform are agreeing that they have this in place.
  2. Events
    1. Organisations are allowed to create Events for a public dashboard or in private. Events will remain in a draft format unless they have been activated.
    2. All Events that are created are not attributed to an Organisations Branding. They are all hidden behind Crowds Now’s generic brand Icon – and it is only when Talent has been recruited and accepted for a job that a full job brief is visible and the Organisation/company brand can be seen.
    3. Events, Organisations/Companies and/or Talent may be removed by Crowds Now from the Site for violations of the Terms, which may include (but are not limited to) the following violations and/or materials:
      1. Illegal or fraudulent services
      2. Copyright Infringement, trademark infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found  Here
      3. Adult oriented services, pornographic, inappropriate/obscene
      4. Intentional copies of Events and or Violations of NDA’s
      5. Spam, nonsense, violent or deceptive Gigs
      6. Events misleading to Talent or others
      7. Reselling of regulated goods via Events
    4. Low quality services or deliveries by Talent that has a proven negative impact on a brand.
    5. Promoting Crowds Now and/or Crowds Now Events and or Companies/Organisations that are listed on Crowds Now through activities that are prohibited by any laws, regulations and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our Talent or partner Companies/Organisations and or any other affiliates (listed and or otherwise).
    6. Events that are removed for violations mentioned above, may result in the suspension of the Organisation and or Companies account.
    7. Events that have been permanently removed for violations are not eligible to be restored or edited. This may also lead to a permanent ban to the Organisation and or Company.
    8. Events may be removed from our listings/dashboard (public and or private) due to violations of our Terms, poor performance, and/or user misconduct.
    9. Events may include website URLs to pre-approved URL-patterns contained within the Event description and requirements box. Events containing websites promoting content, which violates Crowds Now’s Terms, will be removed.
    10. Events are required to have an appropriate brief related to the campaign offered. The FULL briefs must be detailed with an outline task item for Talent to complete. There must be clarity on the requirements so that there is no discrepancy on what the Talent needs to do. If there is vagueness that see’s the Organisation/Company abusing its rights in paying Talent; administration will over-ride and pay the talent with commissions applying.
    11. If Events have full task lists applied and Talent fails to fulfil the brief in full, Organisations/Companies will be within full remit to not pay the Talent for not completed work. Talent failing to complete will be issued with a Yellow Flag. For a full list of terms and conditions applicable to Flags for both Talent and Organisations/Companies see FLAGS.
    12. Companies/Organisations are permitted to upload approved documents / files in their brief – including independent NDAs.
    13. Companies/Organisations are permitted to upgrade additional extra items such as media waivers and or custom content through Crowds Now copywriters.
    14. Statements on the Event Page that undermine or circumvent these Terms are prohibited.
  3. Event Extras
    1. Events Extras are additional services offered to Organisations / Companies for an additional price by Crowds Now.
    2. Gig Extras may be removed for violations of our Terms. For specific terms, please see the Gigs section above for a list of services that violate our Terms. Gigs are subject to be removed due to violations found in Gig Extras.
    3. Services available to Organisations / Companies are offerings like Media Waivers or independent copywriters for content pieces.
  4. Event Features
    1. Crowds Now Events have features that help customize the way Organisations can promote/marketing their product/service.
  5. Custom Offer
    1. Organisations/Companies can send Custom Content addressing specific requirements of Talent when sharing about a product/service
    2. Custom Content by the Organisation/Company may contain an exact description of what they want and or need Talent to say inclusive of, the price and the time expected to deliver the content. This may include what to wear, dress, and the setting of how they would like it delivered.
    3. Custom Content are delivered to Talents individual messenger inbox based on an Event Campaign.
    4. Organisations/Companies that use Custom Content may not violate Crowds Now’s Terms and if they are found to be doing so they risk suspension
  6. Time reporting:
    1. Talent are required for all Events to check in and our via a QR code that is generated by Organisations/companies through the Crowds Now App. The Unique QR Code can only be created and or Read through the Crowds Now App.
    2. Talents hours will be tracked when they check in and check out via the QR Code. Some Organisations will have this via Geo Location where it will know if talent have left a premises and may send Talent a notification prior.
    3. Remote Jobs will be required to Check In prior to commencement of a Job and Checkout on completion. Depending on the job there will be requirements to be completed within set timeframes
    4. Talent acknowledges that if they do not complete the job within the time frame provided and or all the tasks that they forfeit getting paid by the Organisation / company and the money held in escrow for that job will not be released.
  7. Fixed Jobs
    1. Organisations paying Fixed Jobs that Exceed 1 week will be required to pay and release funds on a weekly basis.
    2. Where Extra’s work on film and or commercials require talent to be on set for longer fixed terms over a month. An automated schedule may be set up in liaison with Crowds Now based on this category. This may be on a case by case basis.
    3. Sellers are not authorized to share the original image file with the Buyer or any third party. In addition, Stock Media are governed by special license terms, that are set forth by Shutterstock.
  8. Shipping Physical Deliverables
    1. Some of the Services on Crowds Now are delivered physically (arts and crafts, wine, retail items, collectable items, etc.).
    2. For these types of Events, Organisations may decide to include an additional document between the Talent and Company outlining the Shipping Physical Deliverables pending valuation. If there are items like couture that are on loan and to be returned – the Organisation/Company is recommended to put a Return shipping bag and label and or to only work with people in its local community where it can hold onto ID until the “valuable” item is returned. Crowds Now will not take any responsibility for items of high value.
    3. Whilst Crowds Now will facilitate in ensuring relevant Organisations / Companies and or talent is suspended and or banned for breaching guidelines it takes no responsibility, liability and or accountability for any decisions 3rd party companies / Organisations using the platform make in issuing any kinds of products of high value to talent.
    4. Organisations that require sampling of products and or show cases products as part of an Event are required to provide the product free of charge to the Talent. This is NOT in lieu of payment. If the product is a consumable it is NOT to be returned to the Organisation/company. If the product is warn directly on any part of the body directly connected to an anatomical part assigned at birth or external genitalia – it cannot be returned. If a product is for testing on the skin and or face, hair (eg makeup, hair products, perfume) it cannot be returned.
    5. Crowds Now would recommend where products are for LOAN only by a company/Organisation for the purpose of sampling and comment – that the narrative is very clear and a loan document is included with time frames and that the QR code produced is done onsite to scan in when they take the item – and on exit when the item is returned.
    6. Shipping of any items is on the cost of the Organisation /company.
    7. Talent needs to be aware that Organisations will need shipping details / their address in order to send them an item. Organisations are NOT permitted to send Talent ongoing items from their company for any other reason except for the purpose of the activation for Crowds Now.
    8. Organisations are not permitted to save the Talents address’s on their database’s. Crowds Now does not store data and or retain this information.
    9. Organisations are responsible for all shipping arrangements once the Talent provides the shipping address
    10. Crowds Now does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
    11. A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number when you have sent something – so that Talent can clearly confirm they have received the item.

5. Organisations

  1. Basics
    1. You may not offer direct payments to Talent using payment systems outside of the Crowds Now platform.
    2. When placing an Event Campaign on the Crowds Now platform you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.
  2. Purchasing
    1. Please refer to the Payment Termsfor making payments through the App and to learn about fees and taxes.
    2. Payments are strictly through Escrow. Meaning browsing the platform is free for Talent and Organisations. When an Organisation want to engage talent – they will be charged based on the amount of talent they want to engage for a job WHEN that talent confirms for the job. Those funds will be held in Escrow.
    3. Escrow is a HOLDING BAY – which tells the Talent that this company is GOOD for the funds. If the company isn’t good for the funds the Talent wont be given the green light.
    4. If a company / Organisations engages 20 people for a 3 hour job – but on completion only 10 people complete the task. The company / Organisation is ONLY charged for the 10 people that completed the task.
    5. The Money in escrow would be holding for the 20 people + Commission (however the deduction would only be for 10 people + relevant commission for those 10) – the balance would remain in Escrow for the next job and or the company/Organisation can choose to have it refunded back to them
  3. Talent
    1. Talent can review Events / Jobs on an line dashboard (this can be based on category) or on urgency of jobs or location
    2. Talent can apply for as many jobs as they like – and or they can filter based on attributes that may be relevant to them
    3. If Talent is already engaged for a job on a particular day and time – eg Friday 10am – 12pm. They will not be able to book another job at that same day and time. The system will flag them as already having another job booked – and or if it is far enough out will give them the option to cancel a job. However noting if they cancel to many jobs they will earn themselves a Yellow Flag. Which will equate to a suspension on the platform. See Flags
    4. Talent may be recruited for private jobs – which are Organisations that may not want to display on the public dashboard. They will not be able to see these. They will need to wait to see if they get invited in
    5. Talent is not about skill. It is not about influence. It is about what they genuinely meet the criteria of. Their attributes and then their genuine market segment. The things that they love. Coffee, Food and Wine, Movies, Clothes, Tattoos etc.

6. Content

  1. Content Responsibility & Compliance. Companies/Organisations must ensure that any content and materials used to give to talent to use to promote their services and or products are their original work, and do not infringe on third-party rights and comply with all Crowds Now’s Terms. This includes as well as any output and AI-generated content used to facilitate promotion of their services and or products
  2. Ownership in Input. To the extent permitted by applicable laws and provided that Organisations/Companies hold the necessary rights to their own content that is used by Talent and Talent cannot re-use the content for any other purpose outside of the brief.
  3. Ownership of any content Delivery. Talent understand that by using the content for any product and or service under an Event/Campaign as engaged/hired by a company/Organisation within Crowds Now App that they are releasing the Organisation/company in perpetuity from any royalties, fee’s and or associated licence’s and or costs that may be accrued in lieu of the company generating revenue as a direct result of any campaign.
  4. Use of AI-Talent If it is found that AI Talent has engaged or been found to be engaged instead of an “actual” person. Their account will be deactivated immediately and the persons responsible will be permanently banned.
  5. AI-Generated Content Limitations. AI models generate content algorithmically, and results may sometimes contain unintended biases, incorrect, incomplete or offensive information. Crowds Now does not guarantee the accuracy, reliability, uniqueness or suitability for specific purposes of AI-Generated Delivery or any other AI generated content. Companies/Organisations should not be using AI-Generated content for delivery of any branded content to be passed onto Talent. Companies / Organisations that do use this as a short cut, are solely responsible if this causes damage. Companies/Organisations should not rely on such AI-Generated Content or any other AI generated content as a sole source of truth. You must evaluate it for accuracy and appropriateness for your use case, including using human review as appropriate. Talent will be paid out of Escrow if they have been provided AI content and have acted in alignment with the brief – even if the content has caused damage to the Company/Organisation. As this is a due diligence issue from the Company / Organisation.

7. Talent Conduct and Protection

  1. Crowds Now enables people around the world to promote, market, share, hype, sample, experience nearly any service or product they want and or need whilst earning revenue.
  2. Crowds Now maintains a friendly, community spirited, and professional environment. Talent should keep to that spirit while participating in any activity or extensions of Crowds Now. This section relates to the expected conduct users should adhere to while interacting with each other on Crowds Now messaging boards, and or when in attendance at virtual or live events/activations and or experience.
  3. To report a violation of our Terms, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here

8. Basics

 

  1. Requesting or providing email addresses, third party messaging applications, telephone numbers or any other personal contact details to communicate outside of Crowds Now in order to circumvent or abuse the Crowds Now messaging system or Crowds Now platform is not permitted.
  2. Any necessary exchange of personal information required to continue a service may be exchanged within the private messaging ONLY between parties where event briefs have been confirmed.
  3. Crowds Now does not provide any guarantee of the level of service offered by Companies/Organisations and Talent. Crowds Now does not provide any guarantee on the quality of any product offered by Companies/Organisations and Talent. Crowds Now does not provide any guarantee on the completion of work by Talent. If Talent fails to complete work, they will not be paid, and flags will be used to suspend their account. You may use the dispute resolution tools provided to you to put in complaints.
  4. Crowds Now does not provide protection for talent or companies/Organisations who interact outside of the Site.
  5. All information and file exchanges must be performed exclusively on the Site.
  6. Rude, abusive, or improper language, and violent or threatening messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  7. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
  8. Talent, Companies/Organisations may not submit proposals or solicit parties introduced through Crowds Now to contract, engage with, or pay outside of Crowds Now.

9. Reporting Violations

 

If you come across any content that may violate our Terms and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Trust Safety team. Our decision, among others, may rely on the information that you provided to us . To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system, as further detailed here, may result in a restriction or a permanent suspension of the related accounts.

10. Non-Permitted Usage

  1. Adult Services & Pornography– Crowds Now does not allow any exchange of adult oriented or pornographic materials and services.
  2. Inappropriate Behaviour & Language– Communication on Crowds Now should be friendly, constructive, and professional. Crowds Now condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate / flag services and or products, and to engage on larger platforms such as our Community Forum and Social Media pages.
  3. Phishing and Spam– Talent and Company/Organisation security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another Talent and or Company/Organisations account or computer environment is strictly prohibited. Please respect our users’ privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their engagement within an Event/Campaign
  4. Privacy & Identity– You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Event Page. Companies/Organisations further confirm that whatever information they receive from the Talent, which is not public domain, shall not be used for any purpose whatsoever other than for the requirement as noted in the brief to the Talent. Any users who engage and communicate off Crowds Now will not be protected by our Terms of Service.
  5. Authentic Crowds Now Profile– You may not create a false identity on Crowds Now, misrepresent your identity, create a Crowds Now profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, attributes, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Crowds Now reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, register excerpts, documents, etc.).
  6. Intellectual Property Claims– Crowds Now will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here
  7. Fraud / Unlawful Use– You may not use Crowds Now for any unlawful purposes or to conduct illegal activities, including to bypass economic sanctions or trade restrictions imposed by the United States, European Union, Australia or any other applicable jurisdiction.

 

11. Abuse and Spam

  1. Multiple Accounts– To prevent fraud and abuse, talent are limited to one active Crowds Now account and companies are limited to one active Crowds Now Account per person.  Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Crowds Now community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Crowds Now’s Terms may be a cause for permanent suspension of all accounts. Companies with multiple branches and or Global Entities cannot have a singular person attached to multiple locations.
  2. Targeted Abuse– We do not tolerate users who engage in targeted abuse or harassment towards other users on Crowds Now. This includes creating new multiple accounts to harass members. If you circumvent the system; you will be permanently banned.

12. Disputes and Cancellations

  1. We encourage our Companies/Organisations and Talent to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Centre or if you encounter non-permitted usage on the Site, users can contact Crowds Now’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms

13. Content Moderation, Notices and Appeals

  1. Crowds Now is generally not obligated to proactively check the content posted by users for its legality or compatibility with Terms. We are nonetheless entitled to carry out voluntary checks on our own initiative to identify and determine illegal or incompatible content and to take appropriate measures. We may take appropriate actions if we find, or are notified of, a violation of the Terms. For more information on our content moderation processes, see here
  2. If Crowds Now takes action concerning you, your account or content, you can file a complaint against this decision. You may also file a complaint if you disagree with our decision following a notice you submitted. In both cases, the deadline for submitting a complaint is six months following the notification of the respective decision to you. You may file a complaint by contacting our Customer Support. Please explain in your complaint why you believe we should reverse our decision.
  3. We will handle complaints in a timely, non-discriminatory, diligent, and objective manner and will reverse our decision if we come to the conclusion that it has been taken erroneously.
  4. If your place of establishment or location is in the European Economic Area (EEA), you may select an out-of-court dispute settlement body that has been certified in accordance with Art. 21 (3) of the EU Digital Services Act (“Dispute Settlement Body”) to resolve disputes relating to our decisions concerning content you uploaded or notices you submitted, including complaints that our internal complaint-handling system did not resolve.
  5. We reserve the right to refuse to cooperate with the selected Dispute Settlement Body if: (i) the respective dispute has already been resolved or is already subject to an ongoing procedure before the competent court or before another competent Dispute Settlement Body; or (ii) the six-months period from notification of our decision to you has expired without you filing a complaint through our internal complaint-handling or addressing the Dispute Settlement Body.
  6. The decisions of Dispute Settlement Bodies are not binding on either party.

 

14. Proprietary Restrictions

  1. The Site, including its features, general layout, look and feel, design, information, content and other materials available thereon (other than UGC), and all intellectual property rights related to it are exclusively owned by Crowds Now Holdings, Crowds Now IP. Crowds Now®, are all registered trademarks owned exclusively by Crowds Now. Users including Crowds Now Talent, Crowds Now Organisations/Companies, have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications and including any third party component or technology used to operate the Site or any of its features): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) access it, or use any delivery, in order to develop or build similar or competitive products or features, seek to acquire any ownership interest or license, sell, transfer, time-share, or lease it (or attempt any of the foregoing); (iii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iv) remove any copyright notice, identification or any other proprietary notices; (v) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vii) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (viii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, retrieve, extract, copy or collect content or data from or through the Site, or engage in any manual process to do the same;(ix) systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory, (x) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (xi) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (xii) access or use the Site in any way not expressly permitted by the Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.
  2. Except for the limited right to use the Site according to these Terms of Service, Crowds Now owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

15. Feedback Rights

  1. To the extent that you provide Crowds Now with any comments, suggestions or other feedback regarding the the Site, as well as other Crowds Now products or services (collective, the “Feedback”), you will be deemed to have granted Crowds Now an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Crowds Now is under no obligation to implement any Feedback it may receive from users.

16. Confidentiality

  1. Talent should recognize that there might be a need for Organisations/Companies to disclose certain confidential information to be used by Talent for the purpose of delivering the Event/Campaign, and to protect such confidential information from unauthorized use and disclosure. Therefore, Talent agree to treat any information received from Companies/Organisations as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Talent specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the Services; and (vi) not to copy or reproduce any of the information without the Companies/Organisations permission.
  2. Talent also acknowledge and agree that by onboarding and signing into Crowds Now’s platform both web and or app, that at no time will they share any of the Companies/Organisations that they become aware of that use the platform. This confidentiality and highly sensitive, top secret information of who uses our platform is in perpetuity; and is not limited to ONLY when the Talent is using the platform.
  3. Talent is held and bound by the confidentiality from the moment they sign up with Crowds Now platform in perpetuity. This includes even if Talent is removed by Crowds Now Admin and or if Talent chooses to remove themselves off the platform; and or if there is cause for suspension, or permanent removal via Flags.
  4. Any breach of confidentiality or top secret information of any Users, Companies or Organisations; may be charged as such with legal implications in the relevant country/jurisdiction.

17. User Generated Content

  1. User Generated Content (“UGC”) refers to the content uploaded by users as opposed to content created by the Site. All content uploaded to the Social Media/Google Reviews and or any other platforms or Site by our users (Talent and Companies/Organisation) is User Generated Content. Crowds Now does not proactively check UGC for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Site, Third Party Sites, Social Media Platforms and or Other, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site, Third Party Sites, Social Media Platforms and or Other does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Violating content may be removed or disabled. To learn more on our reporting tools, see here
  2. Furthermore, Crowds Now is not responsible for the content, quality or the level of service provided by the Companies/Organisations We provide no warranty with respect to Organisations/Companies on Crowds Now, their delivery, any communications between Organisations/Companies and Talent. We encourage users to take advantage of our Flag system, our community and common sense in choosing appropriate Talent and working with Organisations/Companies.
  3. By offering an Event as a Company/Organisation, the Organisation/Company undertakes that they have sufficient permissions, rights and/or licenses to provide, sell, promote/market the service and or product that is offered on Crowds Now.
  4. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement – please see our Intellectual Property Claims Policywhich forms an integral part of the Terms. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

18. Disclaimer of Warranties

  1. YOUR USE OF THE SITE, ITS CONTENT, FEATURES, SERVICES AND PROGRAMS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, FEATURES, SERVICES AND PROGRAMS,AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE. NEITHER CROWDS NOW NOR ANY PERSON ASSOCIATED WITH CROWDS NOW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
  2. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Machine Translation

  1. Certain user-generated content on the Site has been translated for your convenience using translation software powered by Google. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
  2. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
  3. The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

20. Limitation on Liability

  1. PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE, IN NO EVENT WILL CROWDS NOW, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, THE CONDUCT OF THIRD PARTIES, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
  2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Deactivate and Disable Account

  1. Crowds Now reserves the right to put any account on hold or permanently disable accounts due to breach of the Terms, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
  2. Violation of Crowds Now’s Terms may get your account permanently disabled.
  3. Users with disabled accounts will not be able to create any events/campaigns or view Talent on Crowds Now and related content may be removed. Please refer to the Terms, in particular the Content Moderation, Notices and Appeals section, for your rights to object to our decisions, or contact our Customer Support team for more information surrounding the violation and status of your account.
  4. Users may also deactivate their account with Crowds Now at any time from their account settings. Users that deactivate their account will still be responsible for any outstanding payment obligations. For more information, see “How To Deactivate Your Account”
  5. Any provisions of the Terms that relate to the relation between Talent and a Company/Organisation regarding NDA’s / Confidentiality / Events on Crowds Now will remain in effect even after you deactivate your account, or after your access to Crowds Now is disabled.

22. Security Features

  1. Users have the option to enable account Security features to protect their account from any unauthorized usage.
  2. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

23. Disputes with Crowds Now

  1. IF YOU ARE A USER RESIDING IN THE UNITED STATES,PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CROWDS NOW CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CROWDS NOW TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. AS USED IN THIS SECTION 17, “CROWDS NOW” INCLUDES CROWDS NOW’S AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
  2. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT TO ARBITRATE AND YOU ACCEPT ALL OF ITS TERMS, UNLESS YOU OPT OUT AS PROVIDED BELOW.
  3. Federal Arbitration Act (FAA) Applies to Issues of Arbitrability. You and Crowds Now agree that the FAA governs the arbitrability of all disputes between you and Crowds Now.
  4. Arbitration & Class Action Waiver.You and Crowds Now agree that any dispute or claim of any kind between us, including but not limited to a dispute arising from or relating to the Terms of Service, shall be finally resolved by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (the “AAA Commercial Rules”) then in effect, or, if the AAA deems they apply, the Consumer Arbitration Rules (the “AAA Consumer Rules”), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
  5. ANY ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND CROWDS NOW ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER USER OF CROWDS NOW’S SERVICES.
  6. For all actions under the AAA Commercial Rules, arbitration proceedings may be filed in New York, New York, and any in-person hearing will take place in New York, New York. For any action under the AAA Consumer Rules, the arbitration may proceed in the AAA location near the claimant’s residence. Hearings will be conducted virtually when permitted by the AAA Commercial Rules and AAA Consumer Rules. In the event that an action arises between you and Crowds Now that is not subject to arbitration, you and Crowds Now agree that the dispute will be resolved exclusively in a state or federal court located in New York, New York, and you also agree to submit to the personal jurisdiction of a state or federal court located in New York, New York.
  7. Exceptions to Arbitration. If the AAA deems the AAA Consumer Rules apply, you may have the right to instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
  8. Administration of Coordinated Arbitrations. If 25 or more individuals submit similar arbitration claims and are represented by either the same law firm or law firms acting in coordination, you and Crowds Now agree that the AAA Mass Arbitration Supplementary Rules will apply, which requires resolution of such cases in staged proceedings. You agree to this process even though it may delay the arbitration of your claim.
  9. In the first stage, claimants’ counsel and Crowds Now will each select 25 cases (50 cases total) to be resolved individually by different arbitrators. In the meantime, no other cases may proceed in arbitration, and AAA must not assess or demand payment of fees for the remaining cases or administer or accept them.
  10. After this first stage of cases is completed, the parties must engage in a single mediation of all remaining cases, and Crowds Now will pay the mediation fee. If the parties cannot resolve the remaining cases after mediation, you and Crowds Now agree that the process administrator under the AAA Mass Arbitration Supplementary Rules will batch, consolidate, or otherwise group any remaining arbitration demands to the greatest extent possible.
  11. This subsection and each of its requirements are intended to be severable from the rest of this arbitration agreement.
  12. How to Opt Out. If you do not want to be bound by this arbitration agreement, you must notify Crowds Now in writing by email to [email protected]with Arbitration Opt Out in the Subject Line within 30 days of your agreement to these Terms of Service, stating that you do not want to resolve disputes with Crowds Now by arbitration.
  13. Modifications to this arbitration agreement. If we make any changes to this arbitration agreement while you are a user of the Site or services, you may reject any such change by notifying Crowds Now in writing by email to [email protected]with Arbitration Change Request in the Subject Line within 30 days of the change. However, such written notice does not constitute an opt-out of arbitration altogether. By rejecting a future change, you agree that you will arbitrate any dispute between us in accordance with the language of this arbitration agreement as of the date you first accepted these Terms of Service.

24. General Terms

  1. Changes to these Terms
    1. Crowds Now may make changes to these Terms from time to time. When these changes are made, Crowds Now will make a new copy of the Terms available on the respective page.
    2. You understand and agree that if you use Crowds Now after the date on which the Terms have changed, Crowds Now will treat your use as acceptance of the updated Terms. If you do not agree to the changes of the Terms, you will have your account suspended until terms have been accepted. And or your account may become deactivated.
    3. Crowds Now may change these Terms due to changes in the Site and or App, the Site’s and or App’s policies, the services and in the usual course of developing our product, changes in any relevant feature or functionality of the Site and or App, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.
    4. Apart from (1) changes by Crowds Now to these Terms in accordance with this section and (2) your ability to opt out of the requirement to arbitrate via email notice to [email protected]with Arbitration Opt Out in the Subject Line in accordance with the “Disputes with Crowds Now” section above, no modification, waiver, or amendment to these Terms is effective unless made in writing and signed by you and Crowds Now.
  2. Specific Provision for US Residents If you are a US resident, these Terms shall be governed by and construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.
  3. IndemnificationTo the fullest extent possible pursuant to applicable law, you agree to defend, indemnify, and hold Crowds Now harmless, including its officers, directors, or shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any of these Terms or any other Crowds Now Terms, policies and standards; (2) your violation of any third-party right, including any intellectual property right, access rights, property, or privacy right; and/or (3) any other type of claim that your Gig Page, Seller Page, Services, your profile and/or your use of the Site or Crowds Now services caused to a third party, provided that Crowds Now acts with reasonable professional diligence. Crowds Now reserves the right to handle its legal defense however it deems fit—even if you are indemnifying Crowds Now—in which case you agree to cooperate with Crowds Now so it can execute its strategy.
  4. SeverabilityIf any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Crowds Now’s failure to enforce any part of the Terms is not a waiver of its right to later enforce that or any other part of the Terms.
  5. AssignmentAll the terms and provisions of the Terms will be binding upon and inure to the benefit of the parties and to their respective heirs, successors, permitted assigns and legal representatives. Crowds Now may assign or otherwise transfer its rights and/or obligations under the Terms without your consent or a notice to you, unless otherwise required by applicable law. You may not assign or transfer any of your rights and obligations under the Terms without the prior written consent of Crowds Now. Any attempted or actual assignment thereof without Crowds Now’s prior explicit and written consent will be null and void.
  6. Entire AgreementOur Terms constitute the entire agreement concerning the subject matter therein, and supersede any other agreement regarding the Site or services.
  7. Interpretation
    1. Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way.
    2. The original language of the Terms is English. Crowds Now makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail. For consumers only, if you are residing in the EEA, the interpretation more favourable with the consumer shall prevail.

Revised 25 June 2025  Crowds Now® 2025

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