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Community Terms of Service

Last updated: June 19, 2015

Hello, Providers of Insights! We aspire to build a great community of people who enjoy exercising their hobbies, passions and interests in snippets of their free time. Since you are seeking to join this community, we thought we’d lay out the fine print that our lawyers assure us is vital. Please give it all a careful read and make sure you’re on board, before you use our application. And if you are good with it all, we most heartily welcome you, and invite you to help us build something truly special. We hope you will enjoy the money you may earn (although there are no guarantees of course!), as well as the pleasure of contributing, improving and having some fun along the way.

This Spare5 Terms of Service and Use Agreement (the “Agreement”), is a contract between you (“you,” “your,” or “Service Provider,” to the extent you open an Account (defined below) to perform Tasks (defined below)) and Spare5, Inc. (“Spare5,” “we,” “our” or “us”). This Agreement governs your access to and use of the Spare5 website, located at spare5.com (the “Site”), the Spare5 mobile application (the “App”), and all information, content, products, software and other materials made available to you on or through the Site and the App (collectively, the “Spare5 Services”). This Agreement does not apply to business and corporate entities that want to leverage the Spare5 Services in order to avail themselves of our mobile-optimized, on-demand insights platform (“Customers”), and each Customer’s use of the Spare5 Services shall be subject to a separate written agreement between Spare5 and the Customer, or the Spare5 Business Client Terms of Service, as applicable.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

In addition to the terms of this Agreement, by using the Spare5 Services, you also agree to the terms of our Community Guidelines<, which are hereby incorporated and made a part of this Agreement.

The Spare5 Services are not intended to be used by persons under 18 years old. If you are under 18 years old, you may not use the Spare5 Services.

We may modify the Agreement at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Agreement on the Site, the App or through other communications. It’s important that you review the Agreement whenever we modify it because if you continue to use the Spare5 Services after we have posted the modified Agreement on the Site, you are indicating to us that you agree to be bound by the modified Agreement. If you don’t agree to be bound by the modified Agreement, then you may not use the Spare 5 Services anymore. Because our Spare5 Services are evolving over time we may change or discontinue all or any part of the Spare5 Services, at any time and without notice, at our sole discretion.

1. DESCRIPTION OF SERVICES

Customers can request performance of a task (“Task”) via their use of the Spare5 Services. Examples of Tasks include rating of an image, conducting a survey, and calling businesses for metadata. We will assign a Task to you and if you accept the assigned Task, you agree to provide Spare5 with a tangible, complete deliverable of the performance of the applicable Task (“Task Result”). By way of illustration, a Task Result could be a written report of survey results or a list of words used to describe a particular image. You agree that we make no guarantee that any Tasks will be assigned to you and consequently there is no guarantee that you will be paid any Task Fees (defined below) under this Agreement.

2. REGISTRATION; ACCOUNT CREATION; PASSWORDS

In order to become a Spare5 Service Provider, you will be asked to register and create an account with us (an “Account”). At the time you create an Account, you will be required to provide us with, at a minimum, your name, a valid email address, your phone number, and your postal address. You may also be asked to provide certain other information, such as your credit card, PayPal or bank account number and related information (“Billing Information”), at the time of registration or afterwards. You agree to provide us with true and accurate information, and to update that information immediately to the extent it changes in any way. When you register or update your information, you agree that you will not impersonate any other person or use a name that you are not legally authorized to use.

At the time of registration, you will be required to establish a password for your Account. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third parties, and you are solely responsible for any use of, or action taken under, your password through the Account. If your password becomes compromised, you must change your password.

You may not create more than one Account unless specifically agreed to by Spare5. You may not (a) work on Tasks using more than one Account, or (b) permit any person other than yourself to work on Tasks allocated to you through the Spare5 Services.

3. LICENSE TO AND USE OF SPARE5 SERVICES

Subject to your compliance with all of the terms and conditions of this Agreement, Spare5 grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Spare5 Services as set forth in this Agreement and only in accordance with applicable law. All rights not expressly granted to you in this Agreement are reserved and retained by Spare5 or its licensors. Without limiting the foregoing, you MAY NOT:

  • Attempt to decipher, decompile, disassemble or reverse engineer or attempt to interfere with the operation of any part of the Spare5 Services.
  • Use any data mining, robots, or similar data gathering and extraction tools to access the Spare5 Services or obtain content, data or information from the Spare5 Services, or access the Spare5 Services by any means other than the interfaces provided by Spare5.<
  • Attempt to probe, scan or test the vulnerability of any Spare5 system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Spare5 or any of Spare5’s providers or any other third party (including another user) to protect the Spare5 Services;
  • Copy, scrape, reproduce, modify, create derivative works from, distribute, or publicly display any content (including, without limitation, text, files, images, videos, photos, sounds, musical works, works of authorship, or any other materials) or software made available to you by Spare 5 through the Spare5 Services (other than such content or software which you own) without the prior express written permission of Spare5 or the appropriate third party rights holder, as applicable.
  • Sell, rent, lease, or license the Spare5 Services or access to the Spare5 Services, or otherwise exploit the Spare5 Services for any commercial purpose that is not expressly permitted by Spare5.
  • Use, display, mirror or frame the Spare5 Services or any individual element within the Spare5 Services, Spare5’s name, any Spare5 trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Spare5’s express written consent;
  • Post on or transmit to or through the Spare5 Services any false or misleading information.
  • Post on or transmit to or through the Spare5 Services any logos, trademarks or service marks of any third party unless you have obtained authorization from such third party or are otherwise authorized to do so by applicable law.
  • Post on or transmit to or through the Spare5 Services, as a Task Result or otherwise, any content or statement that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Post on or transmit to or through the Spare5 Services any virus, worm, trojan horse, malware, spyware, adware or other malicious programs or codes.
  • Impersonate, or misrepresent your affiliation with, any person or entity.
  • Use the Spare5 Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Spare5 Services, we have the right to do so for the purpose of operating the Spare5 Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Spare5 Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

This Agreement is not intended to and does not transfer any ownership rights in the Spare5 Services or any Spare5 work of authorship, copyright, trademark, service mark, patent or other intellectual property right.

The license granted to you by Spare5 hereunder shall terminate immediately if you fail to comply with any of the terms or conditions of this Agreement.

4. RELATIONSHIP OF THE PARTIES

Neither this Agreement nor any registration for or use of the Spare5 Services will be construed as creating or implying any relationship of agency, franchise, partnership, joint venture or employer-employee between you and Spare5. Service Providers are not employees, agents, or contractors of Spare5, and Spare5 is not responsible for any tax or withholding with respect to Service Providers, including, but not limited to, workers’ compensation, unemployment insurance or disability benefits, minimum wage or overtime pay, any other employee wage benefits, or employer’s liability, social security or payroll withholding tax in connection with the provision of services by a Service Provider.

Spare5 may verify information provided to us by you, but has no obligation to do so. Spare5 does not perform background or credit checks on Customers or Service Providers, but it reserves the right to do so in accordance with applicable law. Spare5 may provide information to you about Customers or other Service Providers. However, any such information will be based solely on information provided to Spare5 by the Customer or Service Provider, as applicable, and is not a guarantee, warranty or endorsement regarding the Customer or Service Provider. Without limiting the foregoing sentence, Spare5 does not guarantee the qualifications, background, or identities of Customers or Service Providers, the ability of Service Providers to deliver services or complete Tasks, or the ability of Customers to pay for services or completed Tasks.

5. TASK RESULTS; RECORDINGS

5.1 Task Results. “Proprietary Rights” means any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, inventions, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected. You agree that all rights, including Proprietary Rights, in a Task Result created by you shall be owned by Spare5. Service Provider conveys, transfers and assigns and agrees to convey transfer and assign to Spare5 any and all Proprietary Rights in and to the Task Result. To the extent under applicable law that such Task Result or related Proprietary Rights cannot be assigned by Service Provider to Spare5, Service Provider hereby irrevocably grants and agrees to grant to Spare5 an exclusive, perpetual, sublicensable, irrevocable, unlimited, worldwide, fully paid license to use, reproduce, modify, create derivative works based upon, perform and display publicly, make, have made, sell, offer to sell, import and otherwise exploit the Task Results in any manner in which Spare5 sees fit, now known or hereinafter created.

5.2 Recordings. In connection with the performance of certain Tasks, Service Providers may be required to make telephone or VoIP calls, or to engage in other oral or written communication with third parties, which may be recorded by Spare5, or by other parties on Spare5’s behalf. Service Provider hereby expressly consents to the audio, electronic, or other form of recording of each such communication, including of telephone or VoIP calls and Service Provider’s voice within any communication (each a “Recording”). Service Provider acknowledges and agrees the Spare5 shall have, and Service Provider hereby conveys, transfers and assigns and agrees to convey transfer and assign to Spare5, any and all Proprietary Rights in and to the Recordings. Service Provider further acknowledges and agrees that the recordings may be used and further distributed to the applicable Customer on whose behalf the Task was performed or otherwise used in furtherance of Spare5’s Services. To the extent under applicable law that such Recordings and related Proprietary Rights cannot be assigned by Service Provider to Spare5, Service Provider hereby irrevocably grants and agrees to grant to Spare5 an exclusive, perpetual, sublicensable, irrevocable, unlimited, worldwide, fully paid license to use, reproduce, modify, create derivative works based upon, perform and display publicly, make, have made, sell, offer to sell, import and otherwise exploit the Recordings in any manner in which Spare5 sees fit, now known or hereinafter created.

5.3 In order to ensure that Spare5 will be able to acquire, perfect and use all Task Results, Recordings and related Proprietary Rights, Service Provider agrees, upon request by Spare5, to sign any documents to assist Spare5 in the documentation, perfection and/or enforcement of its rights in the Task Results and Recordings and to undertake and perform all such other acts as are reasonably necessary for recording, perfecting, securing, defending, and enforcing such Task Results, Recordings and related Proprietary Rights, in any and all countries; provided, however, that you shall not be required to incur any material costs in undertaking and performing such acts unless Spare5 agrees to reimburse you.

6. FINANCIAL TERMS

6.1 Task Fee. The amount that you will be paid in exchange for satisfactory completion of a Task, as determined by Spare5 in its sole discretion, (“Task Fee”) will be communicated to you before you accept the Task.

6.2 Disbursements to Service Providers. As a Service Provider, you will be required to provide an email address for a valid PayPal account. Within seven (7) days of completion of a Task by you to the satisfaction of Spare5, as determined in its sole discretion, Spare5 will deposit an amount equal to the Task Fee for such completed Task to your PayPal account of record. For clarification, and not by way of limiting the foregoing, you will not be paid for incomplete Tasks or for Tasks that are of consistently poor quality, that are not completed to the satisfaction of Spare5, or that otherwise violate our Community Guidelines or this Agreement. You are solely responsible for any payment processing fees PayPal may impose on you.

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SPARE5 SERVICES ARE PROVIDED BY SPARE5 ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARE5 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPARE5 SERVICES. YOU AGREE THAT YOUR USE OF THE SPARE5 SERVICES IS AT YOUR SOLE RISK. SPARE5 MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SPARE5 SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPARE5 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.

SPARE5 WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF THE SPARE5 SERVICES, WHETHER IN TORT OR CONTRACT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8. INDEMNIFICATION

You will indemnify and hold harmless Spare5 and its employees, directors, agents and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity (“Claim”) that relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your Task Results; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Spare5 Services.

9. TERM AND TERMINATION

This Agreement will become effective upon the earlier of your first visit to the Site or use of the App or Spare5 Services and will remain in effect until terminated. Unless both you and Spare5 agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, with or without cause, upon written notice. In the event you properly terminate this Agreement, any Account you may have with Spare5 will be automatically terminated.

Without limiting Spare5’s other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Task, or your access to the Spare5 Services, and refuse to provide any or all Spare5 Services to you if: (a) you breach any terms and conditions of this Agreement or any other policies or procedures which Spare5 has made you aware of; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may (x) cause legal liability for Spare5, you, a Customer or a Service Provider, or (y) may involve illicit or illegal activity. Once you have been informed that your Account is suspended or terminated, you must not continue to use the Spare5 Services under the same Account or a different account or reregister under a new account without Spare5’s prior express written consent.

The following sections survive any termination of this Agreement: 4, 5, 6, 7, 8, 9, 10, 12 and 13.

10. DISPUTE RESOLUTION; ARBITRATION; APPLICABLE LAW

ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND SPARE5 RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SPARE5 SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN THIS SECTION 10. ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. NOTWITHSTANDING THE FOREGOING, YOU AND SPARE5 AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY BE INSTITUTED IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR KING COUNTY, WASHINGTON INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.

If you have a Dispute with Spare5, you must send written notice describing the Dispute to Spare5 to allow Spare5 an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following address: Spare5, Inc., 1301 5th Ave, Suite 1225, Seattle, WA 98101. If we have a Dispute with you, we will send written notice describing the Dispute to you at the email address and/or postal address you have provided to Spare5. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided. If the Dispute is not resolved within 30 days from receipt of notice of the Dispute, you or Spare5 may proceed to have the Dispute resolved through arbitration as each party’s exclusive dispute resolution process (except for the limited exceptions set forth above).

Any arbitration, if required, will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, which are set forth at www.jamsadr.com/rules-streamlined-arbitration (or any successor URL). You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or in King County, Washington, regardless of whether the arbitration was initiated by you or by Spare5.

YOU AND SPARE5 EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND SPARE5 EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

If any clause within this Section 10 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 10, and the remainder of this Section 10 will be given full effect. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 10 will be unenforceable, and the Dispute will be decided by the courts of the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts.

The Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute, claim or controversy that might arise between you and Spare5.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SPARE5 SERVICES MUST BE FILED WITHIN THREE (3) YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

11. DMCA/COPYRIGHT POLICY

Spare5 respects copyright law and expects its Service Providers and users to do the same. It is Spare5’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Spare5’s Copyright Policy at spare5.com/copyright, for further information.

12. TAXES

You agree that it is your responsibility to: (a) determine any and all taxes, including without limitation, sales, use, value added, withholding and other taxes assessed, incurred or required to be collected, paid or withheld for any reason in connection with any Task or your use of the Spare5 Services, or otherwise in connection with any action, inaction or omission of you or any of your employees, agents, contractors or representatives; and (b) collect, withhold, report, and remit correct taxes to the appropriate tax authority. You agree that Spare5 is not obligated to determine whether any taxes apply and is not responsible to collect, report, or remit any taxes arising from any transaction.

13. MISCELLANEOUS PROVISIONS

13.1 Compliance with Laws. The Spare5 Services may be used only for lawful purposes and in a lawful manner. You may not use the Spare5 Services in any manner that violates any applicable law or regulation.

You agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you request or perform services.

13.2 Force Majeure. Spare5 will not be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet.

13.3 No Waiver. No waiver of any term of this Agreement by Spare5 shall be deemed a further or continuing waiver of such term or any other term, and Spare5’s failure to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.

13.4 Assignment. You may not transfer, assign or delegate your rights or obligations under this Agreement to anyone without the prior express written consent of Spare5, and any attempt to do so will be null and void. Spare5 may assign this Agreement in its sole discretion.

13.5 Severability. Except as explicitly provided in Section 10, if any term of this Agreement is deemed by a court of competent jurisdiction to be illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or un-enforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

13.6 Entire Agreement. This Agreement, together with all policies and other agreements incorporated by the terms of this Agreement comprise the entire agreement between you and Spare5 with respect to the Spare5 Services and supersede all prior agreements between you and us, written or oral, regarding the subject matter contained herein and therein. This Agreement cannot be modified orally. In the event of any conflict between the terms of this Agreement and any other policies or agreements of Spare5, the terms of this Agreement shall prevail.