Effective: [March 1, 2024]
Our Terms of Service contain important information about your legal rights. To make them easier to understand, we have provided summaries and tips in these gray boxes. These summaries are not part of the official terms, and it is important for you to read the language in each section carefully.
Summary: You agree to follow some basic rules when using ACTIVITYCREW.com's Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.
ACTIVITYCREW.com enables you and other members to arrange offline, real-world groups and events. The terms "ACTIVITYCREW.com," "we," "us," and "our" include ACTIVITYCREW.com and our corporate parent, affiliates, or subsidiaries. We use the terms "you" and "your" to mean any person using our Platform, and any organization or person using the Platform on an organization's behalf. "Platform" refers to any website, application, or service offered by ACTIVITYCREW.com, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms "Terms of Service" and "Agreement" interchangeably to mean this document together with our Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API License Terms. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization and represent you have the authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
Tip: We have included summaries and tips to provide an overview of some legal concepts and answer common questions, but the text of these summaries and tips is for your convenience only and does not have a legal effect.
Tip: These Terms of Service are an agreement between you and ACTIVITYCREW.com and not between you and any other member.
We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material changes to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.
Summary: You need to be at least 18 years old to use our Platform. Organizers control the content and membership of their groups. However, we may remove any content you post or terminate your account at any time.
Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion. For example, eligibility requirements for a group or event may be set by the organizers of that group.
We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any policies or guidelines that are part of this Agreement, that it is in the best interest of the ACTIVITYCREW.com community, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the action. We may also remove accounts of members who are inactive for an extended period. Please email [email protected] if you believe the action has occurred in error.
A member who has the ability to moderate or manage a particular portion of our Platform also has the ability, in their sole discretion, to modify, suspend, or terminate your access to that portion.
When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. You agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at [email protected].
Subject to your compliance with this Agreement, ACTIVITYCREW.com grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform to access and use the services and features we make available to you.
Summary: We charge for certain features on our Platform. If you're a group organizer, you're responsible for paying any applicable organizer subscription fees related to your group. These fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription) and may change in the future. Additionally, some organizers charge money for participation in a group or event.
Use of some features on our Platform is free, and we charge fees for other features. We may implement a new fee or modify an existing fee for certain current or future features of our Platform. If we do, we will give you notice in advance by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and transactions are in U.S. dollars. Organizer subscriptions are non-transferable. Members based in the European Union or United Kingdom may cancel with a full refund within 14 days after signing up to our Platform. However, if you use the service, you may be charged for services provided during this 14-day period. Users based in the European Union or United Kingdom can exercise their cancellation right by emailing us at [email protected].
Organizers may impose fees related to particular portions of the Platform, such as member dues for a group or an event fee. We reserve the right to initiate refunds of fees paid to organizers when appropriate, even in cases of fees paid through a third-party payment service. Refunds that we initiate, if any, will be governed by our Payment Policies. Organizers may also have their own refund policies, as long as they are consistent with and do not limit members' ability to receive refunds under our Payment Policies. Payments made to organizers via the Platform are made through a third-party payment service provider. If a member pays a fee to an organizer via the Platform, the member authorizes the organizer (and their applicable payment service provider) to charge the designated payment method for the total amount of the fees, including any applicable taxes and other charges. Certain types of fees charged by organizers may be billed on a recurring basis. If billed on a recurring basis, you authorize the organizer to charge the applicable fee to the designated payment method. You may cancel auto-renewal at any time.
Tip: Use common sense when deciding whether to make a payment to any organizer. We cannot ensure that organizers will use payments as they promise or as you expect. Check the refund policy of the group before making any payments to an organizer.
Organizers are responsible for paying subscription and any other applicable fees to ACTIVITYCREW.com on time and through our approved payment methods. Organizers who allow their organizer subscription to lapse may be removed as the organizer of the groups associated with their account, and their group (along with all information and content associated with or posted to that group) may be terminated or transferred to another member. You may only pay organizer fees to ACTIVITYCREW.com using a valid payment method acceptable to us, as specified via the Platform. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refund any organizer subscription fees paid to ACTIVITYCREW.com.
You represent and warrant that you are authorized to use the payment method you designate via the Platform. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to ACTIVITYCREW.com, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or canceled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to, a payment that has already been requested or received, to correct errors or mistakes, or to issue refunds, in accordance with our Payment Policies.
Tip: To learn more about organizer subscriptions and what happens if they expire, see our FAQ on Expired Plans.
Fees for certain aspects of our Platform may be billed on a recurring basis or a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging the applicable fee to your credit card account (or any other means of payment used by you). While you may cancel auto-renewal or cancel your subscription at any time, refunds will be issued solely pursuant to our Subscription Refund Policy.
Tip: To cancel your organizer subscription, see our FAQ on Modifying Subscriptions.
We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin, and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above. Users based in the European Union are entitled to cancel with a full refund within 14 days after signing up to our Platform by emailing us at [email protected].
An organizer that uses the Platform to accept payments from other members must comply with the terms and conditions of the third-party provider of the applicable payment service used to receive the payment. ACTIVITYCREW.com does not provide those payment services, is not a party to your agreement with the applicable third-party provider, and will not be liable or responsible for your use of those third-party payment services.
In line with the tax laws of the country where an organizer is using the Platform, an organizer may receive ACTIVITYCREW.com invoices from a third-party provider. Such third-party provider invoicing does not impact the rights and obligations agreed to in this Agreement, nor does it impact the fee being charged for the use of the Platform.
Summary: You are responsible for the content you post on our Platform or send to us. You give us a license to use this content to operate, improve, promote, and protect ACTIVITYCREW.com and our Platform. Our Privacy Policy explains how we collect and use information you provide about yourself and the information that may be associated with you, and explains the limited ways we may share this information.
You are responsible for the content that you post to the Platform or otherwise provide to ACTIVITYCREW.com. "Content" refers to the information, material, and any other content that you post to the Platform or otherwise send to us. Examples include:
By being responsible for your content, you agree, among other things, that:
You also agree that you and your content comply with this Agreement, including our Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Intellectual Property Policies, Trademark Usage Guidelines, and API License Terms. You agree that we may remove the metadata associated with your content.
Tip: Search engines can see public areas of the Platform. Your content within these areas, such as the name and location you provide during registration, and your membership in public groups, may appear in search results. Our Platform is designed so that search engines cannot see your content that is within restricted areas of the Platform, such as private groups.
We do not claim ownership of your content. However, to enable us to operate, improve, promote, and protect ACTIVITYCREW.com and our Platform, and to ensure we do not violate any rights you may have in your content, you hereby grant ACTIVITYCREW.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of your content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your content. This license permits your content to remain on the Platform, even after you cease to be a member of a group or the Platform.
Tip: This license doesn't give us ownership of any of your content. It simply gives us and members the right to use it on or related to the Platform. This license continues even if you close your account because it's necessary for us to operate the Platform.
ACTIVITYCREW.com collects registration and other information about you through our Platform. Please refer to our Privacy Policy and Cookie Policy for details on how we collect, use, and disclose this information. These policies do not govern the use of information that you provide to third parties, such as organizers and other members of ACTIVITYCREW.com's Platform.
Tip: ACTIVITYCREW.com has no control over how other members may use information that you provide to them, so exercise common sense and good judgment when sharing information with others on our Platform.
Summary: We require that you follow our policies and guidelines when using our Platform. We have no responsibility for content that anyone posts to our Platform.
When you use our Platform, we require that you follow the Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API License Terms. You also agree to comply with all applicable laws, rules, and regulations, and not to violate or infringe the rights of any third party.
Your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards, or guidelines ("Additional Terms"). You may be required to accept these Additional Terms before you can access these areas and features. If there is a conflict between the Terms of Service and the Additional Terms, the Additional Terms will govern your access to and use of that area or feature, unless otherwise specified.
When the Platform uses third-party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Platform feature mapping services provided by Google Maps and Google Earth. When you use these mapping services on the Platform, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.
If you do not comply, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion, and we will provide you with reasons for the action. Please email [email protected] if you believe the action has occurred in error.
ACTIVITYCREW.com does not control the content of other members. When we become aware of inappropriate content on our Platform, we reserve the right to investigate and take appropriate action, but we have no obligation to monitor or take responsibility for the content of other members.
ACTIVITYCREW.com is not a party to any offline arrangements made through our Platform. We do not conduct or require background checks on members and do not attempt to verify the truth or accuracy of statements made by members. ACTIVITYCREW.com makes no representations or warranties concerning the conduct or content of any members or their interactions with you.
Tip: Exercise common sense and good judgment when using our Platform and interacting with other members, both on our Platform and at events. If you have a concern regarding other members, you can report it to [email protected].
Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, directly or indirectly:
You also agree that you will not use the Platform to solicit or collect:
You agree to comply with the export control laws of your local jurisdiction. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties. If you are a developer working with our API, review our API License Terms.
You agree that you will not, directly or indirectly:
You agree to use, retain, and otherwise process personal data collected from the Platform in accordance with applicable laws and solely for purposes of administering and participating in groups and events. Without limitation, you agree to provide notice to individuals about your processing of their personal data, obtain any necessary consents, and respond to requests made by individuals as required by applicable law. You agree to safeguard such data from unauthorized access or processing. You must delete such personal data once it is no longer necessary for the administration of a group or event or promptly following a request from ACTIVITYCREW.com, and you will promptly certify such deletion.
We work hard to continuously improve our Platform. This means we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
The Platform contains links to third-party sites and is integrated with various third-party services, applications, and sites that may make available to you their content and products. We don't control these third parties and aren't responsible for their sites, services, content, or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
Summary: To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a group or event. You also agree not to hold organizers responsible for their negligence in connection with their content, a group, or event.
To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ("ACTIVITYCREW.com Parties") from claims, demands, and damages (direct and consequential) ("Claims") arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a group or an event. You also agree, to the full extent permitted by applicable law, to release organizers from Claims based on an organizer's negligence arising out of or in any way connected with their content, a group, or an event. The law in some countries and states does not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction.
You acknowledge that some events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.
Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform.
To the full extent permitted by applicable law, you agree to indemnify, defend, and hold all ACTIVITYCREW.com Parties harmless from any Claims made by any third party due to or arising out of:
You agree to promptly notify us of any third-party Claims, cooperate with all ACTIVITYCREW.com Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). You agree not to settle any Claim without our prior written consent.
Summary: Our Platform is provided to you "as is" and we make no warranties of any kind with respect to our Platform. Our liability in connection with the Platform is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.
Our Platform is provided to you "as is" and on an "as available" basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including statutory warranties and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding:
You may have additional rights under the law of the country in which you are based.
To the full extent permitted by applicable law, you agree that in no event shall any ACTIVITYCREW.com Parties be liable for any direct, indirect, incidental, special, or consequential damages, including damages for loss of profits, goodwill, use, data, or other intangible losses (even if any ACTIVITYCREW.com Parties have been advised of the possibility of such damages) arising out of or in connection with:
Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
Summary: If you have a dispute with ACTIVITYCREW.com, you agree to try to work it out directly with us first. If we can't resolve it, with limited exceptions, you must submit any dispute to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually and not as part of a class action. Members based in the European Union may have additional or different rights, as provided by applicable law.
Before making any claim, you and ACTIVITYCREW.com agree to try to resolve any disputes through good faith discussions. "Claim" means any dispute, claim, or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in events. You or ACTIVITYCREW.com may initiate this process by sending written notice according to Section 11.2 describing the dispute and your proposed resolution. If we cannot resolve the issue within 30 business days following receipt of the initial notice, you or ACTIVITYCREW.com may bring a claim in accordance with this Section 9.
a. Mandatory Arbitration. Except as set forth in Section 9.3, you agree to submit any claim to JAMS, Inc., or its successor ("JAMS") for final and binding arbitration. In arbitration, certain rights that you or we would have in court may not be available, such as discovery or appeal. You and ACTIVITYCREW.com are each expressly waiving any right to trial by judge or jury in a court of law.
b. Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act giving rise to the claim, or the shortest time period permitted by applicable law.
c. Arbitration Procedures. Either party may commence arbitration by filing a written demand with JAMS, with a copy to the other party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in Toronto, Ontario, or elsewhere as required by JAMS Rules.
You or ACTIVITYCREW.com may assert claims in small claims court in Toronto, Ontario, or any U.S. county where you live or work. You or ACTIVITYCREW.com may seek injunctive relief from a court of competent jurisdiction in Toronto, Ontario, as necessary to protect intellectual property rights pending arbitration completion. ACTIVITYCREW.com may take action in court or arbitration to collect fees or recover damages for unauthorized use of our Platform or intellectual property. Nothing in this Section 9 diminishes ACTIVITYCREW.com's right to modify, suspend, or terminate your account or access under Section 2.2.
You may decline to resolve disputes through arbitration by emailing us at [email protected] within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your ACTIVITYCREW.com account, and a clear statement that you want to opt out of arbitration.
You agree to resolve disputes with ACTIVITYCREW.com on an individual basis. You agree not to bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
If you are a member based in the European Union, the mandatory provisions of the law of the country in which you are resident will apply. Nothing in this Agreement affects your rights as a consumer to rely on the mandatory provisions of local law.
Summary: If you use ACTIVITYCREW.com's trademark, follow our Trademark Usage Guidelines. Don't infringe on anyone's intellectual property. If you believe your intellectual property is being infringed on our Platform, follow the procedures in our Intellectual Property Dispute Policies.
ACTIVITYCREW.com's trademarks, logos, service marks, and service names are the intellectual property of ACTIVITYCREW.com. Our Trademark Usage Guidelines explain how you may and may not use them. Our Platform, including material on the Platform, is also our or our licensors' intellectual property. Except as described in the Trademark Usage Guidelines, you agree not to use our intellectual property without our prior written consent.
ACTIVITYCREW.com respects the intellectual property of others and expects our members to do the same. We may remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Platform for those we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please review our Intellectual Property Dispute Policies.
Summary: This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.
This Agreement was written in English. It may be translated into other languages. If there is any inconsistency between the English version and a translated version, the English version controls.
Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by by email to [email protected]. Any notice to you shall be given to the most current email address in your account.
This Agreement, including the Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Intellectual Property Policies, Trademark Usage Guidelines, and API License Terms, constitutes the entire agreement between you and ACTIVITYCREW.com, superseding any prior agreements on the subject matter.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and ACTIVITYCREW.com is intended or created by this Agreement. A member of the ACTIVITYCREW.com Platform is not ACTIVITYCREW.com's representative or agent and may not enter into an agreement on ACTIVITYCREW.com's behalf.
This Agreement and the relationship between you and ACTIVITYCREW.com shall be governed by the laws of the State of Ontario, without regard to its conflict of laws provisions, except as provided in Section 9.
If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration, you and ACTIVITYCREW.com agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in Toronto, Ontario, and you and ACTIVITYCREW.com agree to venue and personal jurisdiction in those courts.
Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act giving rise to the claim, or the shortest time period permitted by applicable law. This clause does not apply if you are based in the European Union.
This Agreement is not assignable, transferable, or sublicensable by you except with ACTIVITYCREW.com's prior written consent but may be assigned or transferred by us to our corporate parent, affiliate, or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of ACTIVITYCREW.com's assets, or similar transaction.
A party's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and ACTIVITYCREW.com agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions will remain in full force and effect.
Please accept our wholehearted thanks for reading our Terms of Service.
If we terminate your account or access to our Platform, this Agreement terminates with respect to the member account that has been terminated, provided that the provisions listed in Section 11.13 will survive such termination.
Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), and 11 (General Terms) of this Agreement, and any other provisions necessary to give effect to these sections, shall survive any termination or expiration of this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. The information in the "Terms of Service Overview" section and in the "Tips" and "Summary" sections is also for convenience only and has no legal or contractual effect.
Please report any violations of this Agreement by a member or third party by sending an email to [email protected].