Terms of Service

CARDSCOOP TERMS OF SERVICE

Through this website, CardScoop, Inc. (“CardScoop”, “we” or “us”) provides access to software and services (“Services”) that allow a customer (“Customer”, “user” or “you”) to use our mobile application and our website (collectively, “CardScoop”). These Terms of Service (“Agreement”) describe the terms and conditions on which CardScoop provides the Services to Customers. READ THIS AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE OF THIS AGREEMENT OR BY OTHERWISE USING THE SERVICES OR THIS WEBSITE, OR BY DOWNLOADING THE CARDSCOOP APPLICATION, THE CUSTOMER IS ENTERING INTO THIS AGREEMENT WITH CARDSCOOP. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you are not permitted to use the Services or this website or to download the CardScoop application.

Registration

If you register as a Customer or otherwise use the Services, you represent and warrant to CardScoop that: (i) you are of legal age to form a binding contract; (ii) you will provide CardScoop with accurate, current and complete registration information; and (iii) your registration and your use of the Services is not prohibited by law. CardScoop reserves the right to suspend or terminate your registration, or your access to the Services, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Services under it. You should not share your password nor use the Services using the registration of any third party.

Proprietary Materials

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website, other than User Content as defined below (“Site Content”), and all software embodied in this website or otherwise used by CardScoop to deliver the Services (“Software”) is proprietary to us, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

The marks “CardScoop” and the CardScoop logo are registered trademarks of CardScoop, and they may not be used in connection with any service or products other than those provided by CardScoop, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CardScoop. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.

License to Use the Services

Currently, most usage of CardScoop is free.  CardScoop will provide the Services to you in accordance with the descriptions on its website and in any contracts.  CardScoop may make reasonable modifications to the Services at any time.

CardScoop authorizes you to access, view and use the Site Content and Software (collectively, the “CardScoop Property”) to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the CardScoop Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the CardScoop Property, or any portion of the CardScoop Property, is strictly prohibited without the prior written permission of CardScoop.

You agree, and represent and warrant, that your use of the Services and the CardScoop Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the CardScoop Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.

User Content

As part of using CardScoop, you may upload, post, or submit to CardScoop, or distribute using CardScoop, contact information (including name, e-mail address, phone numbers, etc.), user names (but not passwords), photographs, text, graphics and other materials and information (collectively, “User Content”). The User Content remains your property, and CardScoop does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:

  1. you are publishing and making your User Content available for viewing by third parties, that your User Content may be associated with your CardScoop username or login ID, and that accordingly your User Content will be attributable to you, that third parties that scan the QR Code you create or a copy of the QR Code you create (whether copied by you or somebody else) will gain access to your User Content through the Services, and CardScoop shall in no event be liable to you for any use or misuse of your User Content by any third party;
  2. all users of CardScoop that have obtained your QR Code have the right to access your User Content, and to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content for personal, non-commercial use;
  3. you represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by CardScoop, its Partners and Customers of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and
  4. if any royalties are payable to any third party for exploitation of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.

CardScoop is under no obligation to edit or control User Content that you and other users post or distribute, and will not be in any way responsible or liable for User Content. CardScoop does not vet or control the Customers or other individuals that use the Services. You post, access and use User Content at your own risk, and CardScoop and its Partners shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content.

No user of the Services shall:

  1. Use, upload, post, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
  2. Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
  3. Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, phone numbers, online service i.d.’s, etc. without their consent;
  4. Post any User Content more than once or “spam”;

Services Restrictions

No user of the Services shall submit, post, upload to, distribute through or otherwise use in connection with the Services any User Content that:

  1. Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
  2. Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
  3. Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
  4. Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
  5. Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

CardScoop reserves the right (but is not obligated) to do any or all of the following:

  1. record Customer Content;
  2. Investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement;
  3. remove Customer Content or Customer registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
  4. monitor, edit or disclose any Customer Content or Customer registration information; or
  5. edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement.

CardScoop has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.

Third Party Websites

The CardScoop website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by CardScoop. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Ideas Submitted to CardScoop

CardScoop is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services (“Services Comments”), the Services Comments will be deemed, and will remain, the sole property of CardScoop. None of the Services Comments will be subject to any obligation of confidence on the part of CardScoop, and CardScoop will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, CardScoop will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.

Warranty Exclusions and Limitations of Liability

CardScoop warrants that the Services and CardScoop Property will conform substantially to the descriptions set forth on the CardScoop website. However, CardScoop does not warrant that the Services or CardScoop Property will operate error-free or without downtime. CardScoop may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to CardScoop. In the event of any breach of this warranty, the Customer’s sole and exclusive remedy, and CardScoop’s sole and exclusive liability, shall be (at CardScoop’s option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, CardScoop make no representations or warranties of any kind regarding the Services or the CardScoop Property. CardScoop EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING:  ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE;  THAT THE SERVICES AND CardScoop PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR,  AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR CARDSCOOP PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE CardScoop PROPERTY. No advice or information, whether oral or written, obtained by you from CardScoop or through the Services will create any warranty not expressly stated herein.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM CARDSCOOP OR ANY PARTNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR CARDSCOOP PROPERTY, EVEN IF CARDSCOOP OR SUCH PARTNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF CARDSCOOP AND ITS PARTNERS FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE CARDSCOOP PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO CARDSCOOP, IF ANY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

Customer shall defend, indemnify and hold harmless CardScoop against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Customer’s use of CardScoop.  CardScoop reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with CardScoop with respect to such defense and settlement.

Link to the Privacy Policy

CardScoop is concerned about user privacy and operates the Services under the PRIVACY POLICY published at blog.cardscoop.com/privacy-policy.  We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

Applicable Law and Jurisdiction; Compliance

You and CardScoop agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of the State of California, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in San Francisco, California. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than California, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.

Modifications

CardScoop reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other CardScoop policies before using CardScoop.

Force Majeure

In no event shall CardScoop be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside CardScoop’s reasonable control.

Miscellaneous Provisions

No delay or omission by CardScoop in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by CardScoop of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with whom CardScoop has a sponsorship or marketing agreement, not a participant in a legal partnership with a view to conducting a business enterprise in which participants share profits and losses. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and CardScoop regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

 

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