Last Updated 10/22/2011
Scoop.it reserves the right to, and will not be liable to any user or third party, for doing the following:
- changing the Terms at any time;
- changing the Websites or Services, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of the Websites or Services or the hours that the Websites or Services are available; or
- changing any fees or charges in connection with the use of the Websites or the Services.
The information and materials provided on or through the Websites and/or Services, including without limitation, any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use on or through the Websites and/or the Services, links, and other content, features and services available on or through the Websites and/or the Services (collectively, the "Materials"), excluding Submissions (defined below), are intended to educate and inform you about us and our business and provide you with access to the Services. THE MATERIALS ARE PROVIDED "AS IS" AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.
3. Limited License and Right to Use the Materials.
The Websites and Services are provided for your enjoyment, and unless otherwise specified on or in the Websites or Services, solely for your own personal use. Scoop.it hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Websites and Services for your own non-commercial entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Websites or Services, including without limitation on Third Party Platforms. Scoop.it reserves the right to revoke your right to use the Website or the Services at any time as further set forth in Section 20 herein. You acknowledge that the time that you spend on or using the Websites and/or Services including without limitation on any Third Party Platforms, is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Websites or Services and/or the Materials.
Except as expressly provided in the Terms, Scoop.it does not grant you any other express or implied rights or license in or to the Materials, Services and/or the Websites, and all right, title and interest that Scoop.it has in the Materials, Services and/or the Websites rights not explicitly granted to you by Scoop.it or its licensors are retained by Scoop.it or its licensors, respectively.
Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without Scoop.it's or its licensors' express prior written permission. To the extent you are granted express permission or allowed to do so under applicable law, you must retain all trademark, copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms.
4. Intellectual Property.
You acknowledge that the Materials, Services and Websites are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights ("Intellectual Property") owned by Scoop.it, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Websites, Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of Scoop.it. The trademarks, trade names, trade dress, logos, and service marks displayed on the Websites or any Third Party Platform, including the Scoop.it marks, logos and trade dress are the registered and/or unregistered trademarks of Scoop.it, Scoop.it's licensors and vendors and/or other third parties. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under United States and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property.
The Intellectually Property may not be used by you for any purpose without Scoop.it's prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Scoop.it's, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Scoop.it. Nothing contained on the Websites or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, Scoop.it and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
5. Your Account.
In order to access certain areas of or participate in certain activities contained on the Websites and/or the Services, we may require you to create an account ("Account").You acknowledge and agree that you have no ownership or other proprietary interest in the Account. To create an Account, we may ask or require you to provide us with certain personal information (e.g., your name and e-mail address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a)?provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b)?maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of the Websites and/or the Services (or any portion thereof) or your participation in any activity contained on or available through the Websites and/or any Third Party Platform.
In order to access certain areas of, or participate in certain activities contained on the Websites and/or the Services, we may require you to select a username, topic name and/or password. You may also be able to create unique topic names to categorize content on your individualized page. Your username and/or topic name(s) are subject to certain terms and Standards, as set forth in Sections 6 and 7 below. You agree that Scoop.it has the right in its sole discretion to suspend or terminate your Account, any topic, refuse any and all current or future use of the Websites and/or Services (or any portion thereof).
6. Username, Topic Names and Passwords.
Scoop.it may refuse to grant you a username and/or topic name in its sole discretion for any reason, including if it impersonates someone else or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username and/or topic name does not convey any ownership or rights in that username and/or topic name and Scoop.it reserves the right to revoke and/or reassign any username and/or topic name in its sole discretion. You understand and agree that Scoop.it reserves the right to change, remove, alter or delete any username and/or topic name, with or without prior notice to you, at any time and for any reason in Scoop.it's sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES ON OR AVAILABLE THROUGH THE WEBSITES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
You agree not to transfer or resell your or otherwise convey your Account or the right to use your Account or any rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password, and (ii) immediately notify us of the problem by e-mailing us at firstname.lastname@example.org (with the subject line: "Username Password Security Issues").
You may not use anyone else's Account at any time and you may not allow anyone else to use your Account at any time. You agree that Scoop.it will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by Scoop.it or another party due to someone else using your Account . Because of this, Scoop.it strongly recommends that you exit from your Account at the end of each session.
7. Code of Conduct.
While using any of the Website and/or Materials, including on or in any Submissions (as defined below), postings or ratings, you agree to follow our community standards set forth below (the "Standards"), and you agree not to:
- Create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an Scoop.it official or representative, message board moderator, guide, another user or host or that you are a celebrity or public figure;
- Create any posts, username, topic name, or subject lines containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters;
- Send, post, transmit or make available any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable, including any topics that may be harmful to or threaten the security of a child or minor;
- Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful, or otherwise objectionable behavior; all such behavior may be reported to the authorities;
- Suggest, illicit or encourage any illegal activity;
- Submit content, materials or Submissions that are subject to intellectual property protection, including without limitation, copyright, trademark, trade secret or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant Scoop.it all of the license rights necessary to transmit or maintain such content, material, or Submissions;
- Send, post, transmit or make available any: any material, non-public information about any person or company without the express authorization to do so;
- Send, post, transmit or otherwise make available ?any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication (except as otherwise expressly permitted herein or in writing by Scoop.it);
- Institute an attack upon any server used in connection with the Websites and/or the Services or any portion thereof or otherwise attempt to disrupt such servers, including any Services available on or through the Websites and/or any Third Party Platform;
- Send, post, transmit or otherwise make available any material or Submissions regarding hacking, cracking, exploiting, or otherwise making use of the Websites or the Services;
- Attempt to or actually restrict or inhibit any other user from using and enjoying the Websites and/or the Services, including without limitation, by disrupting the flow of Forums with vulgar or obscene language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, bullying, griefing, "spamming", or "flooding" (continuous posting repetitive text);
- Use any robot (bot), spider, scraper or other unauthorized or automated means to modify, use or access the Websites or the Services, or any portion thereof, or any Services available on or through any Third Party Platform;
- Send, post or transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Websites or Materials, including the Services;
- "Frame" or "mirror" any part of the Websites and/or the Services without Scoop.it's prior written authorization;
- Attempt to obtain passwords, other Account information, or any other private information from any other user of the Website or the Services, including any Services made available on or through any Third Party Platform, and including without limitation, the collection personal information about others, such as email addresses or geo-locations;
- Harvest or collect information about users of the Websites or the Services, including those made available on or through any Third Party Platform;
- Buy, sell or trade any user Account for non-Scoop.it information or item (including cash) or vice versa;
- Access another user's Account without permission;
- Share your password for your Account with anyone;
- Use the Websites or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms; and/or
- Assist or permit any persons in engaging in any of the activities described in this listing.
While using the Website or Materials, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations. Scoop.it has the sole discretion to delete, suspend, terminate or close your Account, with or without prior notification to you, for any violation of the Terms, including any of the Standards.
8. Charges and Billing (Does not apply to Free Plan).
When and if you opt in for a premium plan, you agree to pay all fees or charges incurred by your Account, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. Scoop.it may add new products and services for additional fees and charges, or proactively amend fees and charges for Services and/or Materials, at any time in our sole discretion. You represent to Scoop.it that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
9. Third Party Sites/Services.
The Websites may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you ("Linked Sites"). The inclusion of any Linked Site does not imply endorsement by Scoop.it of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites is not under the control of Scoop.it and Scoop.it does not provide or endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites. Scoop.it responsible if any Linked Site is not functioning properly. Scoop.it makes no express or implied warranties with regard to the information, products, materials or services that are contained on or accessible through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that Scoop.it is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of any advertisers found on or through the Websites, including in or through the Services, are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites or available on or through any Third Party Platform or participation in Promotions (defined below) involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Scoop.it is neither responsible nor liable for any part of such dealings with any third parties, including any Promotions.
10. Forums & Submissions.
The Services may include features such as ratings, message boards, e-mail services, blogs and/or other forums or areas where you and others can post or transmit information onto or through the Websites or Services, including through Third Party Platforms (collectively, the "Forums"), and Scoop.it may redistribute content you send/upload/post to the Websites or through Third Party Platforms. By sending, posting or transmitting to Scoop.it, including photos, graphics, creative suggestions, ideas or User Ideas, notes, concepts, information, ratings or other materials (collectively, "Submissions") or by posting such Submissions to any area of the Websites (including without limitation, the Forums) or on Third Party Platforms, you grant Scoop.it and our designees and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You agree not to transmit any Submission to or through the Websites, Services or Third Party Platforms, or to Scoop.it that you consider to be confidential or proprietary, and any and all Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and result in unsolicited communications; therefore, Scoop.it strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. Scoop.it is not responsible for information that you choose to communicate to other users via the Forums or Submission.
You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Websites or Services, through Third Party Platforms, or in any Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of Scoop.it. Scoop.it is not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in any Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will Scoop.it or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Websites, Services, or any Third Party Platform. Scoop.it has no obligation to monitor the Websites, Services, any Third Party Platform, or the Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Websites, in the Services, on any Third Party Platform, or in the Forums. You acknowledge and agree that Scoop.it has the right (but not the obligation) to do any or all of the following, at its sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Websites or any Services available thereon or through any Third Party Platform to (a) protect Scoop.it and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and Scoop.it's users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose.
Notwithstanding anything contrary stated in these Terms, by posting a Submission you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to your Submission or are otherwise legally entitled to post the submission; (b) the content is accurate; (b) use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and (d) you will indemnify Scoop.it and/or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to Scoop.it or the Websites or any Third Party Platform. Scoop.it has the right, but not the obligation, to monitor and edit or remove any activity or content. Scoop.it takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. SCOOP.IT RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITES, IN OR THROUGH USE OF THE SERVICES, OR ON OR THROUGH ANY THIRD PARTY PLATFORM.
11. Right to Modify.
Scoop.it reserves the right, at any time, to modify, suspend, or discontinue the Websites, the Materials, including the Services, and/or any part or parts thereof with or without notice. You agree that Scoop.it will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
You hereby agree and acknowledge that : (a) Scoop.it has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, MAC address, IP address, and Internet browser for purposes of identification and other lawful purposes; (b) Scoop.it has the right to obtain without notification to you non-personal information from your connection to the Websites, Services or through any Third Party Platform for demographic or any other lawful purposes; and (c)?Scoop.it has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks." The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance or believed by Scoop.it to not be in compliance with the Terms and any and all other Scoop.it Standards, rules, policies, notices and/or agreements.
You acknowledge and agree that you (and not Scoop.it) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by Scoop.it, including without limitation, the Websites, Services, or any Third Party Platforms, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any website through which you access Scoop.it's products or Services, including the Websites and any Third Party Platforms.
13. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Scoop.it infringe your copyright (for example, materials posted by a user on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the requirements and specific instructions for submitting a notice to Scoop.it on Scoop.it's DMCA Policy. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Scoop.it a counter-notice. Please refer to Scoop.it's DMCA Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Websites, including the Services, should be sent to Scoop.it's DMCA Agent for notice of claims of copyright infringement at: 1161 Mission Street, Suite 523, San Francisco, CA 94103, Attn Guillaume Decugis, by telephone: (415) 857-5869, by facsimile: (480) 393-4086, or by email: email@example.com (with the subject line "DMCA Communication (from TOU)").
Scoop.it's DMCA Agent should be contacted only for the purposes set forth in this Section 12. ALL OTHER INQUIRIES DIRECTED TO SCOOP.IT's DMCA AGENT WILL NOT BE ANSWERED.
14. Use & Access.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO (a) USE THE WEBSITES OR THE SERVICES, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE WEBSITES OR THROUGH THIRD PARTY PLATFORMS, (c) CREATE AN ACCOUNT, OR (d) TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR ANYTHING TO ANY FORUM OR ANYWHERE ELSE ON THE WEBSITES. By accessing, using and/or submitting information to or through any of the Websites or Services, including Services available on or through Third Party Platforms, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of protections is available from America Links Up: http://www.netparents.org/parentstips/browsers.html.
AGES 13-18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S REGISTRATION WITH THE WEBSITES AND/OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE WEBSITES, THE SERVICES AND/OR ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE WEBSITES OR THIRD PARTY PLATFORMS.
From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a "Promotion") on our Websites, through the Services, or through a Third Party Platform. Participation in any Promotion is subject to the Official Rules governing that Promotion. Scoop.it may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless specifically superseded by Promotion-specific rules. If you choose to participate in a Promotion, we may collect your personal information, such as your name, address, age, telephone number, email address or other contact information. In addition, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in Scoop.it's marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party's rules, terms of service, and privacy policies before participating. You agree that Scoop.it is not responsible for such third parties' promotions.
17. Jurisdictional Issues.
Access to and use of the Websites and Materials, including any Services, from any jurisdiction where the content, products or services is illegal is strictly prohibited. Scoop.it makes no representation that Materials, including any Services, available on or through the Websites or Third Party Platforms are appropriate or available for use in any jurisdictions outside the United States and those who choose to access or use any of the Websites or Materials, including any Services, from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, e-mail, or privacy.
18. Export Control.
Any software available on or through the Websites or through the Services is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a)?into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, regardless of whether such transmission is permitted under the Terms or by applicable law.
19. User Ideas.
Scoop.it may accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Websites, Services, or Third Party Platforms, or to Scoop.it that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and will and need not be treated as such. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to Scoop.it, including any concepts, know-how or ideas, you hereby grant Scoop.it a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Ideas in connection with the Website and Scoop.it's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. Scoop.it is not obligated to review, evaluate, publish, or use any User Idea.
Your right to access and use the Websites and Materials, including the Services, will remain effective until terminated in accordance with the Terms. Scoop.it reserves the right to revoke the limited license granted to you herein for any reason or no reason, and, if we do, Scoop.it may terminate your access to and use of the Websites and Materials, including the Services, and may, in its sole discretion maintain or delete your Account, including without limitation, any topics/topic names. If Scoop.it revokes your license, you agree that Scoop.it will not have any liability to you for any time spent by you accessing or using the Websites or the Services, and/or Submissions associated with your Account, or for any other reason whatsoever. For example, you understand that value cannot and shall not be attributed to the time that you may spend creating topics, creating Submissions and/or or accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any topics or Submissions, regardless of whether you are barred from access to them.
Scoop.it may suspend, terminate, modify, or delete your Account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation or suspected violation of the Terms. For example, your Account may be deleted and terminated without warning if Scoop.it believes, in its sole discretion, that you are under 13 years of age; if you provide any information that is untrue, inaccurate (or becomes untrue, inaccurate, not current or incomplete); or Scoop.it has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Websites and Materials, including the Services, will immediately cease. In addition to its termination rights, Scoop.it also reserves the right to refuse service to anyone and to remove content, Submissions or Materials for any reason whatsoever in its sole discretion.
You may terminate your Account online here. Scoop.it may terminate and delete your Account, including any topics associated with your Account, in our sole discretion, if your Account and/or any topics have been inactive for a period of at least 3 months. Your Account will be considered inactive if you do not log on to any Websites or Services using your username and password and your topic will be considered inactive if you do not add to or modify it.
The provisions of Sections 2, 4 through 8, 10, 12, 15, 19, 20 through 24, 28, 29, 31 and 32 will survive any termination of the Terms.
THE WEBSITES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCOOP.IT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SCOOP.IT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE MATERIALS (OR ANY PART THEREOF INCLUDING THE SERVICES), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR ON OR THROUGH ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF SCOOP.IT OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Websites and Materials, including the Services, and any Services available on or through any Third Party Platform, could include inaccuracies or errors, or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites or Materials, including any Services, and any Services available on or through any Third Party Platform. Although Scoop.it attempts to ensure the integrity of the Websites and Materials, including the Services, and any Services available on or through any Third Party Platform, we make no guarantees as to any Website's or Material's completeness or correctness. In the event that a situation arises in which a Website's or Material's completeness or correctness is in question, please contact us at firstname.lastname@example.org (with the subject line "Inaccuracies in Websites or on Third Party Platforms") with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website or Third Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the Section on "Claims of Copyright Infringement" above.
23. Limitation of Liability.
You agree to indemnify, defend and hold harmless Scoop.it, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any Submission or other information you post, submit to us or transmit to the Websites or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username, topic name, or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Websites, the Materials, including any Services, and including any Services available on or through any Third Party Platform, or Submissions; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to the Websites, in the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
The Website is provided by Scoop.it Inc. If you have any questions, comments or complaints regarding the Terms, the Websites or the Materials, please feel free to contact us at: 1161 Mission Street, Suite 523, San Francisco, CA 94103, Attn: Webmaster or email@example.com (with the subject line "Questions, Comments or Complaints").
26. Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400?R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
27. System Outages.
Scoop.it periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Scoop.it has no responsibility and is not liable for: (a) the unavailability of the Websites or Materials, including the Services, and including the Services available on or through any Third Party Platform; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c)?the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Websites or Materials, any Internet service provides, or any Internet facilities and networks.
28. Statute of Limitations.
29. Choice of Law/Venue.
The Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and Scoop.it relating to the Websites, the Materials, including the Services, and including the Services available on or through any Third Party Platform, that involve a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Scoop.it agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Scoop.it that involve a claim of more than $5,000 are subject to the exclusive jurisdiction of the Federal and State courts located in San Francisco, California.
30. Mobile Terms.
The Websites and Materials, including Services available on or through Third Party Platforms, may include versions designed for mobile content that may be viewed on mobile devices (the "Mobile Site").? In order to use the Mobile Site, you must have a wireless mobile device capable of two-way messaging and wireless service through a participating mobile service provider. You agree that are solely responsible for all charges that you incur from your mobile service provider for your use of the Mobile Site. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details.
All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to Scoop.it to its Registered Agent with the State of California, and if to you, to the e-mail and/or postal address associated with your Account. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or e-mail, on the second business day after deposit with the service. You may not send any notices under this Section to Scoop.it via e-mail.
© 2011 Scoop.it Inc. -- All Rights Reserved. Updated: October 22, 2011
Table of contents
- General Information Collected
- Personal Information Collected
- Personal Information Use
- Opt Out from Scoop.it Vendor Communications
- Opt Out from Scoop.it Marketing Communications
- Web Beacons
- DMCA Information
- Contact by Scoop.it
- Maintenance of Personal Information
- Links to Other Websites
- California Privacy Rights
- Governing Law / Transmission of Information
- How to Contact Us
2. General Information Collected
In order to enhance the content contained on the Websites and in the Services, Scoop.it may gather and store certain information about your visit. "General Information" is information about you or your activities through which you cannot be identified. This information may include some or all of the following items:
- A. The Internet Protocol ("IP") address of your Internet Service Provider ("ISP") and/or your computer, if it has its own static IP address. The domain name may also be collected.
- B. The date, time, length of stay, and specific Scoop.it web pages, topics, images, documents or forms accessed at such Website or through the Services.
- C. Whether a you are viewing any of the Websites or using any of the Services for the first time, or are a return visitor, including whether you are a registered or anonymous or unregistered user.
- D. The Uniform Resource Locator ("URL") of the website, link or advertisement that referred you to any of the Websites and/or the Services,
- E. The search engine that referred you and any search strings or phrases entered into the search engine to find any of the Websites and/or the Services.
- F. Demographic information concerning your country of origin, time zone and language(s) used.
- G. The type and version of the Internet browser used to visit any of the Websites and/or the Services, the operating system on your computer, and information regarding errors when viewing or using any of the Websites or the Services.
Scoop.it collects this General Information and may use it to generate aggregate statistics about visitors to the Websites and Services. In situations where it is possible to do so, General Information may be linked to Personal Information (defined below).
3. Personal Information Collected
"Personal Information" is information through which you can be identified. Providing your personal information to Scoop.it is your choice. Scoop.it maintains one or more databases to store your Personal Information and may keep such information indefinitely. Personal Information that Scoop.it may collect from you includes, but is not limited to your name, mailing address(es), telephone number(s), facsimile number(s), email address(es), birth date, bio, and any other information that you voluntarily provide. Personal Information you volunteer is used by Scoop.it for internal verification, to complete requested transactions, ensure appropriate legal use of the Services, provide you notification about updates to the Websites, Services, goods, and data, and to help provide you with technical support for the Services.
Your Personal Information is collected from our Websites and our Services, through email and/or through online applications (i.e., registration for a user account) you complete, our guestbook and forums and message boards, blogs, request for newsletters, entering sweepstakes and prize promotions, taking surveys, reporting problems and through any of your other activities with Scoop.it or on the Websites or in the Services. Personal Information that Scoop.it collects depends on the nature of your activities.
- A. Registration – in order to register an account for any of our Websites and the Services, you will need to provide your full name, address, telephone number, email address, date of birth, nationality and gender. We strongly encourage you not to use any Personal Information in your username or password.
- B. Profile – in order to utilize some features of the Websites and/or the Services, such as creating and maintaining a topic, you may have the option of providing additional information (besides registration information) about yourself to create your user profile. Your user profile will be publicly viewable by other users and visitors to the Websites and/or Services, however, you may control what information, if any, is publicly accessible. Your profile information can include such things as your picture, bio, hobbies, interests, likes/dislikes, friends/contacts, user name on Third Party Platforms, links to your profiles on other websites and anything else that you've chosen to share or include in your profile.
- C. Sweepstakes and other prize promotions – from time to time, Scoop.it may present sweepstakes, contests, special offers or other promotions, and in order for you to enter and win such promotions, you may need to provide Personal Information. The type and amount of Personal Information required will depend on the promotion.
- D. Information you voluntarily submit on our "Feedback" web page and other surveys and feedback – will require the disclosure of your first name and email address, and may also include your telephone number, and is used by Scoop.it to enhance our Websites or Services, or to reply to your questions or comments.
- E. Online purchases – when you place an order online, we collect information associated with the transaction which includes your full name, billing and mailing addresses, credit card, banking or other payment information, products or subscriptions ordered, shipping information, and identity verification information (driver's license, social security number). This information is used to enhance the goods that we offer, as well as to ensure that our financial partners can process the payment to us and our third party fulfillment company delivers the products that you ordered to the address that you provided.
- F. Invitations – if you invite someone to use a feature of one of our Websites or the Services, we will disclose your real name as part of the invitation you send, as this information is necessary to ensure that the invited person knows who has sent the invitation. We will store your invitations and may use this information to send further communications to such persons. In addition to any unsubscribe links that may be in such communications, your invitees can contact us at firstname.lastname@example.org to request that their information be removed from our database.
- G. Contacts – we may allow you to import, upload and/or view your address book or contact listing from another application or website or Third Party Platform so that you can share your topics and/or other information hosted or displayed on the Websites and/or through the Services with such contacts. We will not store your contact information without you adding a contact to your contacts within your user account or profile.
- I. ID Tokens – When you use the Services on or through our Websites or any Third Party Platform, Scoop.it will assign a unique identifying token ("ID Token") which is used internally by Scoop.it and is not publicly displayed. Your ID Token is used to connect and/or share your activities on the Websites or through the Services with or on any Third Party Platform.
4. Personal Information Use
In addition to those uses set forth in Section 3 above, Scoop.it may use your Personal Information to: (a) provide, administer, facilitate and maintain your use of the Websites and/or the Services; (b) provide it to vendors as set forth in Section 5 below; (c) send you marketing communications about the Websites, the Services and any other Scoop.it goods and/or services as set forth in Section 6 below; (d) enable user to user communications; (e) resolve disputes between users and/or a user and Scoop.it as set forth in this Section below; (f) identify sources of errors or issues with any of the Websites and/or the Services; and (g) as otherwise needed, as determined in Scoop.it's sole discretion, to protect the safety of our users, employees, third parties and members of the public.
Scoop.it may make bulletin boards, chat rooms, guest books, job listing areas, message boards, news groups, topics, and other community services available to you on the Websites and through the Services. Please understand that any information that is disclosed in these areas becomes public information. When you disclose such information in a bulletin board, message board, chat room, guestbook, blog, topic or any other public forum, you do so at your own risk. Scoop.it has no control over its use and you should exercise caution when deciding to disclose your Personal Information or any other information about yourself. The information presented in these areas reflects the views of the individual users or hosts and does not necessarily reflect the views of Scoop.it or any of its affiliates. Scoop.it reserves the right (but shall have no obligation) to monitor the use of bulletin boards, message boards, chat rooms, guestbooks, blogs, topics or other public forums on the Websites or in the Services, including those available on Third Party Platforms.
5. Opt Out from Scoop.it Vendor Communications
In addition to its own use, Scoop.it may pass your Personal Information to third party fulfillment companies, shipping companies and credit card processors and/or any of their authorized agents who provides the goods or services requested to meet your needs. Scoop.it may provide your email address to vendors that it deems provide goods or services which you may need. You may opt out of receiving such vendor emails by contacting us at email@example.com
6. Opt Out from Scoop.it Marketing Communications
Scoop.it may also use your Personal Information, or a portion thereof, to send you marketing materials, channel and/or show information, vendors with information that you may need, and/or Scoop.it newsletters or advertisements, unless you notify Scoop.it that you do not wish to receive such materials. Scoop.it may also use the services of bonded mailing houses that are authorized to use your Personal Information only for the benefit of Scoop.it. Please contact Scoop.it at firstname.lastname@example.org to request that you not be sent any or all of such information.
The use of "Cookies" is a standard practice among websites. A Cookie is a small text file that is placed on your computer to uniquely distinguish your visit to a website. Cookies are most often used to track specific information regarding your activity on a particular website.
When you visit our Websites and/or Services, we place a Cookie in a directory of your computer's hard drive. The information that Cookies collect includes the date and time of your visit and your registration information. Cookies offer you many conveniences for our Websites and Services. For example, they allow Scoop.it to recognize certain information, such as your browser type, so we know if you can view certain plug-ins like Macromedia Flash files. They also allow us to streamline your visit to the Websites and/or Services based on your previous visits.
You may configure your browser to accept or deny Cookies from our Websites and our Services. However, disabling or denying Cookies from our Websites and/or our Services may render parts of them inaccessible or may cause certain web pages not to properly load. There are also several services and websites which allow you to visit websites, including our Websites, anonymously. Again, if you use these anonymizing services or websites, you may not be able to access or use all of the web pages for the Websites and/or the Services.
8. Web Beacons
Scoop.it may use "web beacons," sometimes referred to as "clear gifs" or "web bugs," which is another way (instead of Cookies) to help personalize your experience on the Websites and/or the Services. Web beacons are typically invisible to you, and are generally embedded in very small clear graphics files. We may use web beacons to monitor certain non-personally identifiable information about you, including the URL of the page from which the web beacon originated, the type of browser used, the IP address of your computer, and the time you viewed the web beacon. We may also use web beacons to assist our third party advertising and/or content companies in providing the contact they believe you want to see. Web beacons are also used to allow such third parties to determine how many people view the advertisements and/or clicked through, and to assist in serving and managing advertisements and content. While web beacons do not collect Personal Information, the information collected by them may be used in conjunction with Cookies to identify aggregate information about users of our Websites and Services.
9. DMCA Information
Personal Information that you provide to us in association with a DMCA notification or counter-notification will be disclosed to third parties. All information contained in or associated with a DMCA notification will be disclosed to the alleged infringer. All information contained in or associated with a DMCA counter-notification will be disclosed to the initial claimant. See our DMCA Policy for more information on notifications and counter-notifications.
10. Contact by Scoop.it
You do not have to participate in Scoop.it's mailing lists (newsletters) in order to use the Websites. However, if you elect not to receive such newsletters, you may miss valuable information on Scoop.it and/or its goods or services. Scoop.it will not contact you nor send you marketing materials, unless you have accepted to receive such contact or information (i.e., you have not opted out).
11. Maintenance of Personal Information
You can access your Personal Information contained in Scoop.it's database by contacting us at email@example.com. If you believe that any of your information is incorrect or needs updating, please let us know either at the email address listed in this section, or by U.S. Postal Mail to our address listed below (Attn: Accounts). Scoop.it will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive email or postal notifications about our Websites, goods, services, or special promotions, please let us know by sending an email to firstname.lastname@example.org or by sending us a letter via U.S. Postal Mail at our address listed below (Attn: Opt Out of Mailing) and specifying in the text of your email or letter which notifications you no longer wish to receive. In addition, within the text of your email or letter, you should provide your exact name and address, so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. After such a request is received, Scoop.it will use reasonable efforts to refrain from including you when sending such notifications by noting your opt out election in our database.
You decide what Personal Information you make available to other users of our Websites and/or Services, including in or on our bulletin boards, message boards, chats, blogs, topics, posts and other disclosures. All users of our Websites and/or Services should be aware that information made you make available via these disclosures is public and not private. Scoop.it is not responsible for and cannot control the actions of others who will have access to this information, therefore, we do not and cannot guarantee that the information you disclose in this manner will not be viewed by unauthorized persons.
Scoop.it may provide security measures that are designed to restrict access to certain portions of the Websites, such as private chat rooms, restricted forums or topics, or instant messaging, but Scoop.it cannot and is not responsible for circumvention of these security measures or for further distribution or use of any information you disclose in public areas by others. We may also provide you tools to edit and remove the information or materials you make available on our Websites, but even after removal, copies of any information you post may remain viewable in cached, archived or otherwise saved media that is outside the control of Scoop.it. You are solely responsible for any information and materials that you choose to make available on public areas of our Websites and/or our Services, including those available on or through the use of Third Party Platforms.
Scoop.it may, but is not responsible for or obligated to, back up your information, including any Personal Information. We encourage you to back up your own information, such as photographs, on a routine basis.
Even if your account is terminated, Scoop.it may still maintain and store for as long as it wants or needs, in its sole discretion, your non-Personal Information, including without limitation your IP addresses, browser and topic information, and any anonymous information, including any IDs attached to anonymous users.
Please be aware that even if your account is terminated, some or all of your information, including your Personal Information, could still be available to others, including information that has been (a) posted or incorporated into other's topics, pages, comments (by you or others); (b) posted, shared or submitted to public areas of the Websites and/or the Services; (c) copied, displayed, stored or distributed by other users; or (d) posted, shared or submitted to or available on a Third Party Platform, Linked Site, or any other third party websites or services.
Scoop.it does not knowingly solicit or collect information from children (defined as minors younger than thirteen (13) years of age) and children under the age of 13 should not use or attempt to use the Websites and/or the Services. If you are the parent or guardian of a child aged 13 or over, but under the age of eighteen (18) or the legal age of contract majority, and have authorized your child to use your computer, we urge you to instruct your child never to give out his or her real name, address, phone number, email address or other personally identifying information while on our Websites. There are no computer applications on our Websites or in our Services which allow for the determination of your age. If Scoop.it discovers or is notified that Personal Information of a child under age 13 has been collected, Scoop.it will take reasonable steps to delete this information. All information volunteered to Scoop.it will be treated the same as information given by an adult. Scoop.it recommends that the Internet browsing behavior of any child should be carefully supervised by a responsible adult at all times. If you are a parent or legal guardian and believe that Scoop.it has any information from or about your child under age 13, you may contact us at email@example.com to request that such information be deleted.
14. Links to Other Websites
The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect your information from unauthorized access and improper use. Scoop.it makes access to your Personal Information subject to certain security measures, including technological controls such as "firewalls," in accordance with industry standards. When the use of a Scoop.it web page involves the transmission of Personal Information or confidential information, Scoop.it uses Secure Socket Layer ("SSL") technology to establish a secure connection between your computer and Scoop.it. SSL allows the transmission of encrypted information from your computer to Scoop.it and back again, and is currently the industry standard for Internet platform security. From time to time, we review our security procedures in order to consider appropriate new technology and methods.
Please be aware though that no data transmission over the Internet can be guaranteed to be 100% secure, so while Scoop.it strives to protect your Personal Information, Scoop.it cannot ensure or warrant the security of any information that you voluntarily give to Scoop.it.
Scoop.it reserves the right to monitor all network traffic to our Websites and/or our Services to identify and/or block unauthorized attempts or intrusions, upload or change information, or cause damage to any of our Websites, Services or any of our computer or network equipment or software in any manner. Anyone using any of our Websites or Services expressly consents to such monitoring.
16. California Privacy Rights
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Information with third parties. If you reside in California and have provided your Personal Information to Scoop.it, you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: firstname.lastname@example.org or
Attn: California Privacy Rights
1161 Mission Street, Suite 523
San Francisco, CA 94105
Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this Section.
17. Governing Law / Transmission of Information
19. How to Contact Us
Contact Regarding Scoop.it Website
1161 Mission Street, Suite 523
San Francisco, CA 94103
© 2011 Scoop.it Inc. -- All Rights Reserved. Updated: October 22, 2011
SCOOP.IT INC. Copyright Policy
October 22, 2011
Scoop.it Inc. and/or one its subsidiaries or affiliated companies (collectively, "Scoop.it" or "we" or "us") respects the intellectual property rights of others and provides this Copyright Policy to describe Scoop.it's policy of prohibiting users from uploading, posting or otherwise transmitting on or to this and other websites, web pages, applications, widgets, blogs, social networks, and other online or wireless services (accessible through various desktop and mobile web browsers, locally installed mobile applications and various API services that Scoop.it may offer from time to time) (collectively, the "Websites") any information or materials that violate another party's intellectual property rights.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA's requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office's web page at www.copyright.gov for details of the current DMCA requirements.
A. Notification of Alleged Copyright Infringement
If you believe in good faith that materials hosted by Scoop.it infringe your copyright (for example, materials posted by a user on one of our message boards), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
- 1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Websites are covered by a single notification, you may provide a representative list of such works on the Websites, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
- 2. Identification of the URL or other specific location on the Websites that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them.;
- 3. Your name, address, telephone number and email address (if available);
- 4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
- 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice will not be valid.
You must submit any notification of an alleged copyright infringement to Sccop.it's DMCA Agent by fax, mail, or email as set forth below:
1161 Mission Street, Suite 523
San Francisco CA 94103 Phone: (415) 857-5869
Facsimile: (480) 393-4086
Email: email@example.com with the subject line "Copyright Policy - DMCA Notification"
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that materials on the Websites are infringing a copyright.
B. Counter Notification
If you believe in good faith that your own copyrighted material has been removed from the Websites as a result of mistake or misidentification, you may submit a written counter notification letter to Scoop.it's DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
- 1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- 2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or in San Francisco, California if your address is outside the United States;
- 3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
- 4. Your name, address and telephone number;
- 5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Websites location and will no longer be shown or accessible; and
- 6. Your physical or electronic signature.
You acknowledge that if you fail to comply with all of the requirements of this Section B, your DMCA counter notification will not be valid.
You may submit your counter notification to Scoop.it's DMCA Agent by fax, mail, or email as set forth below:
1161 Mission Street, Suite 523
San Francisco, CA 94103
Phone: (415) 857-5869
Facsimile: (480) 393-4086
Email: firstname.lastname@example.org with the subject line "Copyright Policy - DMCA Counter Notification"
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
If a counter notice is received by Scoop.it's DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that Scoop.it may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Scoop.it or the user, the removed content may be replaced or access to it restored by Scoop.it.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
C. Account Termination
Please be aware that it is Scoop.it's policy to terminate the user accounts of repeat infringers. If you believe that a user is a repeat infringer, please follow the requirements above, but also include information or evidence that will reasonably prove to Scoop.it that the user is a repeat infringer.
If you provide false information to Scoop.it regarding any of the above notifications, counter-notifications or repeat infringer notifications, Scoop.it, may immediately terminate your user account and you may be subject to legal and equitable remedies.
© 2011 Scoop.it Inc. -- All Rights Reserved. Updated: October 22, 2011
SCOOP.IT INC. Refund Policy
7-day free trials.
Scoop.it offers a 7-day free trials for each of its pay plans (currently Scoop.it Business and Scoop.it Pro) for non-subscribers. This 7-day free trial can only be used one time per account. This means that if you use the free trial for one of these pay plans, you will not be able to have a trial period should you choose to sign up for another paid plan.
Cancelling within the 7-day free trial.
If you cancel the pay plan you've chosen before the 7-day free trial period has ended, you will not be charged.
Cancelling after 7-day free trial.
Once you cancel, you won't be charged again. However, should you cancel before the end of the billing period, you must pay for the remaining days of the billing period during which you cancelled. For example, if your billing cycle is on the 18th every month, and you cancel on the 24th, you'll still have to pay for the current month, but you won't be charged again after that. In order to treat everyone equally, no exceptions will be made.
How do I cancel my paid account?
You can downgrade to a Free plan at any time by logging into your account and clicking "Your Name" on the top right menu. Click "Settings" and then go to the tab labeled "Plan" and then click "Downgrade."
© 2014 Scoop.it Inc. -- All Rights Reserved. Updated: Feb. 7, 2014