WEBSITE TERMS & CONDITIONS
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, www.bugcrowd.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Bugcrowd Inc. (“Bugcrowd”).
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other guidelines or rules posted within our Website (including Bounty Briefs and the Researcher Terms and Conditions upon signing up for a Researcher username and account with Bugcrowd), collectively “Legal Terms”, constitute the entire and only agreement between you and Bugcrowd, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
You further agree, on behalf of yourself and the legal entity on whose behalf or to whose benefit (or in connection with) you are accessing this website (“Customer”), that any cybersecurity program or services provided to you or Customer by or via Bugcrowd shall be separately governed by Customer’s existing master customer agreement with Bugcrowd (“Existing Customer Agreement”), or (if none), the Bugcrowd Customer Terms and Conditions (“Customer T&Cs”).
By using our Website, you agree to fully comply with and be bound by our Legal Terms (and Existing Customer Agreement or Customer T&Cs, as applicable). Please review them carefully. If you do not accept our Legal Terms (and Existing Customer Agreement or Customer T&Cs, as applicable), do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms (or Existing Customer Agreement or Customer T&Cs, as applicable), you should immediately discontinue use of our Website.
Definitions
The terms “us” or “we” or “our” refers to Bugcrowd Inc., the owner of the Website.
A “Visitor” is someone who merely browses our Website but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
A “Bounty Brief” or “Program Brief” is a set of guidelines related to a particular Crowdsourced Security Program providing relevant information and scope regarding the program, including, for example, the requirements, specifications, rewards and any additional applicable terms.
Our “Service” represents the collective functionality and features as offered through our Website to our Members (whether or not such Members are customers, Researchers or other Members). Services includes, but are not limited to, the vulnerability, penetration or other IT security testing services performed by Researchers pursuant to Crowdsourced Security Programs ordered by Bugcrowd customers (“Testing Services”).
A “Researcher” is a type of Member who has obtained a researcher username from our Website. Researchers are independent contractors of Bugcrowd who may perform Testing Services or other Services from time to time.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
Limited License
Bugcrowd Inc. grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms. Your use of our Website is solely for the purposes stated within our Legal Terms; any other use is a violation of this license and will result in the revocation of your membership.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Bugcrowd reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Copyright Complaints
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible at our Website in a way that constitutes copyright infringement, or that our Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512.
Our agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows:
BY E-MAIL: GC@bugcrowd.com
BY MAIL: Bugcrowd Inc.
Attn: General Counsel
300 California Street, Suite 220, San Francisco, CA 94104
BY PHONE: (888) 361-9734
Repeat infringers will be blocked from accessing the Website.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Bugcrowd Inc. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Warranty Disclaimer
Bugcrowd Inc. reserves the right to change any and all Content and features of our Website, at any time without notice. While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. Bugcrowd Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. Bugcrowd Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will Bugcrowd Inc. be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.
OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BUGCROWD, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. BUGCROWD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. BUGCROWD DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BUGCROWD. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
Limitation of Liability
Bugcrowd and all our affiliates shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.
BUGCROWD AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BUGCROWD AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL BUGCROWD OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF BUGCROWD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUGCROWD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.
Eligibility
By utilizing our Website you agree that you are not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, or other economic sanction rules of any sovereign nation.
Our Website is not intended for use by children under the age of 13. You must have your parents’ permission to use this Website if you have not reached the age of majority in your jurisdiction of primary residence and citizenship. Additional eligibility requirements apply to Researchers per the Researcher Terms and Conditions.
Passwords and Security
You may need to set up an account in order to use some of the features of the Website. You may not use a third party’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Website. You may only set up one account. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in Delaware, USA, and shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. In the event of a conflict within the Legal Terms, the order of precedence shall be, in order of highest priority to lowest priority: any Bounty Brief, the Researcher Terms and Conditions, these Terms of Service, the Privacy Policy and then any other terms that comprise the Legal Terms. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Bugcrowd Inc. under our Legal Terms shall survive the termination of our Legal Terms.