Scoopl Terms of Service
The effective date of this Agreement is January 1, 2010.
Acceptance of Use
By using the Scoopl Services (defined below) which are owned and operated by Scoopal Inc. ("Scoopal Inc.") and by accessing the Scoopl website located at http://www.scoopl.ca and http://www.scoopl.com, and all linked pages owned and operated by Scoopl (the "Scoopl Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference ("Terms of Service"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Scoopl Site and Scoopl Services. Please read these Terms of Service carefully. Your access to or use of the Scoopl Service is equivalent to your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Scoopl Service.
Description of Service
Scoopal Inc.'s on-line services, which are available at the Scoopl site will, among other things, assist you find businesses/services you are looking for by allowing you to access ranked business/services category lists as voted on by other Scoopl users (and yourself). Along with every business you are able to post and share reviews with Scoopl users ("Scoopl Service").
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member to use the Scoopl Site and Scoopl Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Scoopl Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the Scoopl Service is void where prohibited by applicable law, and the right to access the Scoopl Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Scoopl Site and/or Scoopl Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Scoopl site is administered in Canada and intended for Canadian users; any use outside of Canada is at the user's own risk and users are responsible for compliance with all local laws applicable to their use of the service or the website.
Changes to the Agreement or the Scoopl Services
Registration and Security
In order to use or access some of the Scoopl Services, you will be required to register with the Scoopl Site and to select a password and screen name (Scoopl ID). If you register, you agree to provide Scoopal Inc. with accurate, complete, and updated registration information. Failure to do so will constitute a breach of these Terms of Service, which will result in the immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization; or (iii) use as a Scoopl ID a name that is otherwise offensive, vulgar or obscene. A visitor who becomes a registered User of the Site shall be deemed a "User." Scoopal Inc. reserves the right to refuse registration of, or cancel a Scoopl ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your Scoopl ID and password. Any Scoopl ID and password provided to you for your access to the Scoopl Service shall be for your personal use only. You agree to (a) immediately notify Scoopal Inc. of any unauthorized use of your Scoopl ID or password, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services by Users
You may use the Scoopl Site to solicit reviews from, and share reviews with other Scoopl Users. You may search the Scoopl Site database for reviews, rankings (via recommendations) and business contact information. You may forward business contact information, recommendations, and reviews to people you know, whether or not they are existing Scoopl Site Users. You may invite people you know to join the Scoopl Site. You may not download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Scoopl Service ("Content"), and other items displayed on the Scoopl Site, for commercial or profit-seeking use, unless you procure the proper written/contractual agreements from Scoopal Inc.. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Scoopl Service ("Content"), and other items displayed on the Scoopl Site, for personal use, provided that you maintain all copyright and other notices contained in such Content. Scoopal Inc. does not control the Content posted by third parties via the Scoopl Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Scoopl Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Scoopal Inc. be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Scoopl Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
Restrictions on Rights to Use
You shall not (and you agree not to allow any third party to):
- modify, adapt, translate, or reverse engineer any portion of the Scoopl Site and/or Scoopl Service;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Scoopl Site and/or Scoopl Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Scoopl Site and/or Scoopl Service;
- collect any information about other Users (including Scoopl IDs and/or email addresses) for any purpose other than to solicit and share recommendations with other Scoopl Site Users;
- reformat or frame any portion of the web pages that are part of the Scoopl Site and/or Scoopl Service;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other Users of the Scoopl Site and/or Scoopl Service or otherwise interfere with other User's or visitors enjoyment of the Scoopl Site and/or Scoopl Service;
- submit any third party materials or Content without such third party's prior written consent;
- submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by Scoopal Inc. or Scoopl Site and/or Scoopl Service;
- submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the Scoopl Site or Scoopl Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- submit businesses or reviews that are unlawful or promote or encourage illegal activity;
- submit businesses or reviews linking to affiliate programs, multi-level marketing schemes, or false businesses;
- submit false or misleading information to Scoopal Inc. or Sccopal Site and/or Scoopl Service;
- artificially inflate or alter the 'recommendations count', review counts, or any other Scoopl Service, including by way of creating separate user accounts for the purpose of artificially altering Scoopl services; giving or receiving remuneration in exchange for recommendations on business listings; or participating in any other organized effort that in any way artificially alters the results of Scoopl Services.
- take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure;
- use the Scoopl Site and/ or Scoopl Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Scoopl Service, such activity is solely between you and the applicable third party. Scoopal Inc. shall have no liability, obligation or responsibility for any such activity. You hereby release Scoopal Inc. from all claims arising from such activity.
Content Posted By You on the Scoopl Site
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- You understand and agree that Scoopal Inc. may review and delete any Content, business listings (including business name, address, phone, fax, recommendations, reviews) that in the sole judgment of Scoopal Inc. violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety and enjoyment of other Users or members of the Scoopl Site and/or Scoopl Service.
- You are solely responsible for the any Content that you publish or display on the Scoopl Site (hereinafter, "Posted Content") or transmit to other Users.
- You are solely responsible for your recommendations and reviews of businesses listed on the Scoopl Site. Scoopal Inc. reserves the right, but has no responsibility to monitor disputes between you and any entity which you have reviewed.
- You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
- The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Scoopl Site. Scoopal Inc. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Scoopl Service and terminating the membership of such violators or blocking your use of the Scoopl Service and/or Scoopl Site.
- You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the Scoopl Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
It is the policy of Scoopal Inc. to respond to claims of intellectual property infringement. Scoopal Inc. will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to firstname.lastname@example.org.
To be effective, the notification of infringement must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These Terms of Service will remain in full force and effect while you use the Scoopl Site and/or Scoopl Services. Either Party may terminate these Terms of Service for any reason, at any time. The sections that follow shall survive any termination or expiration of these Terms of Service
Except for the Content submitted by members or users, the Scoopl Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Scoopal Inc. or its licensors. You acknowledge that the Scoopl Service and any underlying technology or software used in connection with the Scoopl Service contain Scoopal Inc.'s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Scoopl Site, or Scoopl Services in whole or in part except as expressly provided in Scoopal Inc.'s policies and procedures made available via the Scoopl Service. Except as expressly and unambiguously provided herein, Scoopal Inc. and its suppliers do not grant you any express or implied rights, and all rights in the Scoopl Service not expressly granted by Scoopal Inc. to you are retained by Scoopal Inc..
THE SCOOPL SITE IS PROVIDED BY Scoopal Inc. ON AN "AS IS" BASIS. SCOOPAL INC. AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SCOOPL SITE, SCOOPL SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SCOOPL SITE OR IN ASSOCIATION WITH THE Scoopl SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SCOOPAL INC. AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SCOOPAL INC. AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SCOOPL SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SCOOPAL INC. IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE SCOOPL SITE. Scoopal Inc. does not warrant or covenant that the Scoopl Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Scoopl Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Scoopl Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE SCOOPL SITE OR THROUGH OR FROM THE SCOOPL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL SCOOPAL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF SCOOPAL INC. KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SCOOPAL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF SCOOPAL INC. HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SCOOPAL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF SCOOPAL INC. OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
SCOOPAL INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL SCOOPAL INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE SCOOPAL INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
You agree to indemnify and hold Scoopal Inc., its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Scoopl Site, (ii) your use of the Scoopl Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or Scoopl ID or password, of any intellectual property or other right of any person or entity.
Scoopl Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Scoopal Inc. has no control over such sites and resources, you acknowledge and agree that Scoopal Inc., the Scoopl Site and/or Scoopl Services are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Scoopal Inc., the Scoopl Site and/or Scoopl Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Governing Law and Jurisdiction
The Web site (excluding linked Web sites) is controlled by Scoopal Inc. from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Users and Scoopal Inc.. This Agreement is between the Users and Scoopal Inc. and is not intended to be for the benefit of any third party. If there is a dispute between participants on the Scoopl Site, or between Users and any third party, you understand and agree that Scoopal Inc. is under no obligation to become involved. In the event that you have a dispute with one or more Users or third parties, you hereby release Scoopal Inc., the Scoopl Site and/or Scoopl Services, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
Any consent by Scoopal Inc. to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. Scoopal Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Scoopal Inc.'s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
Contact and Violations
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to email@example.com.