Terms of Use

These Terms of Use (“Terms”) apply to your use of the Scoopt digital application (“App”) and the Scoopt website located at http://scoopt.com (“Site”) and any new features or services offered through either (all known as “Scoopt”).

By using Scoopt, you agree with these Terms so please read them carefully. Please note that we may change or update these Terms. We will post any changes (including the effective date) to our Site so please revisit them every so often because we will assume that you agree with them if you continue to use Scoopt.

Licence Terms

When you access Scoopt, we allow you to use our software where “software” includes the software we developed to run our App, any related documentation or data distributed to you and any future fixes, updates and upgrades.

This licence is non-transferable, for your personal use and for use on computers and/or devices that you own or control and is subject to you doing/not doing all these things:

(a)     complying with the rules set out in the Apple iTunes Store Terms and Conditions (if this is how you downloaded or installed the Scoopt app on an Apple device) and any other terms that apply to Apps or Sites you access via Scoopt;

(b)     complying with the rules set out in the Google Android Market Terms of Service (if this is how you downloaded or installed the Scoopt app on an Android device) and any other terms that apply to Apps or Sites you access via Scoopt;

(c)      complying with the rules set out in the Facebook Terms (if you access Scoopt Account features with your Facebook account details) and any other terms that apply to Apps or Sites you access via Scoopt;

(d)     complying with the rules set out in the Twitter Terms (if you access Scoopt Account features with your Twitter account details) and any other terms that apply to Apps or Sites you access via Scoopt;

(e)     not copying our software (other than a single copy for your own backup purposes);

(f)      not removing, modifying or obscuring any copyright, trade mark or other proprietary rights notices contained in Scoopt;

(g)     not reverse engineering, decompiling, or disassembling Scoopt;

(h)     not granting any rights in Scoopt to anyone else without our prior written consent;

(i)       not uploading anything to Scoopt that contains any viruses, worms, malware, trojans or other harmful or destructive content designed to interrupt, destroy or limit the functionality of any aspect of Scoopt;

(j)       not exporting or re-exporting the software in violation of US export laws;

(k)      not being located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country or being listed on any US Government list of prohibited or restricted parties;

(l)       not using Scoopt for any commercial purpose without our prior written consent;

(m)   not accessing, creating or modifying the source code of our software in any way;

(n)     not using Scoopt in any way that impedes the normal enjoyment of, or performance of, Scoopt by another user;

(o)     not using Scoopt to track, monitor or analyse user behaviour in any manner;

(p)     not attempting to compromise any security measures employed by Scoopt or Scoopt’s third party partners, including, but not limited to, tampering with such measures; and

(q)     complying with all other terms and warranties of these Terms and applicable laws and regulations.

If you don’t comply with these conditions, we may terminate your access to Scoopt and take other action we deem appropriate.

Pricing and Product Purchases

Scoopt endeavours to make all published pricing correct. Occasionally, content on Scoopt may contain incorrect information, whereby a product is listed at an incorrect price, due to typographical errors, error in pricing information provided by the merchant.

Promotions and Cookies

Although Scoopt will not present display advertising via our App or Site, Scoopt may deliver promotions in the form of special offers, vouchers, coupons, sponsorship graphics or other means to you via our App, Site or via other third-party services and websites (“Promotions“). We may use “cookies” (as outlined in our Privacy and Cookies policies) to improve our service, to make your experience more personalised, and to make Promotions more relevant to you. Our Promotions may be contextual, that is related to your location, your use of the App over time, your preferences as disclosed by your use of Scoopt, or based on other information you have provided to Scoopt or has been provided to us by third parties or is ascertainable from your user profile.

User Generated Content

Scoopt is set up to display content generated by users (“User Generated Content”). We don’t review, and cannot review, all of the content accessible via Scoopt, and cannot therefore be responsible for it. We don’t endorse any content uploaded, or believe such content to be accurate, useful or non-harmful. Scoopt may (but hopefully won’t) display content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Each user chooses, and is responsible for, the content that is uploaded via Scoopt.

If you submit content to or via Scoopt, you agree to the following:

(a)     you will only upload content that you own or are permitted to upload having obtained the necessary licence or permission to use it, as well as the right to sublicense the content to us, without limitation;

(b)     you grant us a revocable, non-exclusive, royalty-free, worldwide and transferable licence to use content you upload to Scoopt, including the right to sub-license use of the content, by any medium or method;

(c)      you will not post or distribute any content which infringes any intellectual property (“IP”) rights or any other party’s right to privacy, publicity rights or contractual rights;

(d)     you agree not to assert your “moral rights” (rights of authorship and rights not to have your work treated in a derogatory manner) in any content uploaded via Scoopt;

(e)     you will not upload another person’s sensitive personal data without their consent;

(f)      you will not upload any content which is defamatory, libellous, hateful or racially or ethnically objectionable, unlawful, obscene, harmful, offensive, misleading or inappropriate; and

(g)     you will not upload any spam (unsolicited advertising material), or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites.

If we become aware of any breach of these terms, we may modify, withdraw or refuse to display the relevant content at any time in our discretion and/or withdraw your right to use Scoopt.

Content Provided By Us

All IP rights in Scoopt are our property, or the property of our affiliates. So please don’t take these Terms as giving you the right to use any trademarks, images or logos of Scoopt or our affiliates because none can be reproduced or used without written permission.

Your Account

In order to use Scoopt, you must create an account (“Account”). You may do this by registering with an email address or via third party login services supported by us (e.g. Facebook) or by registering with your email address and a password where such options are available. Access to Scoopt via a third party login service is subject to your compliance with these Terms of Use as well as any terms of the third party login service provider.

When you register with Scoopt, we create a profile for you according to your preference settings. Your settings may result in your profile being public and you agree to share your content with friends and/or others, in which case, your name, profile picture and other material you post will become visible to others.

Please only upload data that is true, accurate, complete and up-to-date. You are responsible for all activity that occurs under your Account so please keep any password confidential and access to your computer or access device secure. You must notify us of any known or suspected unauthorised use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or login details.

Privacy

Your privacy is very important to us at Scoopt. Please read our Privacy policy to learn more about our privacy practices and how we will use any data we receive.

Individuals under 16 years of age

You must not use Scoopt unless you are aged 16 or older. If you are under 16, and you access Scoopt by lying about your age, you are in breach of these Terms and our Privacy policy. You must immediately stop using Scoopt and terminate your Account. We will block your access to Scoopt if we determine that you are misrepresenting your age.

Third Party Sites and Apps

Scoopt will enable you to access other apps and sites (e.g. Facebook, Twitter, etc.). Even though these apps and sites are accessible via Scoopt, they are not owned or controlled by us. As a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of what you experience, the content you access, any dealings between you and these third parties or the failure of third party apps or sites to function properly.

Please also note that the inclusion of any link or grant of access does not in any way imply or express an affiliation, endorsement or sponsorship by Scoopt of the site or app and/or its contents.

We recommend that you be aware when you are accessing a third party app or site and that you read the third party’s terms and conditions and privacy policy.

Support

If you experience a problem with Scoopt, please report it to us via support@scoopt.com. We may occasionally restrict your access to Scoopt to carry out repairs, maintenance or to introduce new functionality or services, but we will try to keep disruption to a minimum.

Instagram User Photographs

Scoopt allows Account holders to select publicly published and geo-tagged Instagram user photos (“Instagram Photos”) for publication with recommendations. We endeavour to ensure Instagram Photos comply with the photo owners’ requirements or restrictions

If you are an Instagram Photo Owner (“Photo Owner”) who wishes to remove your Instagram Photo, please let us know. An Instagram Photo Removal notice should be sent by email to support@scoopt.com. A removal notification must include the following:

(a)     the account identity within Instagram of the Photo Owner;

(b)     an attached copy of the image to be removed;

(c)      a description of where the Instagram Photo is located on Scoopt (please be as detailed as possible, with the name of the recommendations, the user(s)  who posted the material and if possible, provide the URL to help us locate the material you are reporting); and

(d)     contact information for the Photo Owner, such as a complete name, address, telephone number, and email address.

When requested to remove an Instagram Photo on Scoopt by the owner of the Instagram Photo we will ensure removal is complete within 24 hours after ownership has been validated.

Notification of Copyright Infringement

Scoopt will investigate notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Scoopt, please notify us via email at support@scoopt.com.

If you are a copyright holder who believes that any of the products, services or content which are directly available via Scoopt are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to Scoopt Ltd, 90 Fetter Lane, London, United Kingdom EC4A 1EQ, and email: support@scoopt.com. A notification of claimed copyright infringement must include the following:

(a)     a physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;

(b)      Specific identification of each copyrighted work claimed to have been infringed;

(c)     a description of where the material believed to be infringed is located on Scoopt (please be as detailed as possible, with the name of the recommendations, the user(s)  who posted the material and if possible, provide the URL to help us locate the material you are reporting);

(d)     contact information for the complaining party, such as a complete name, address, telephone number, and email address;

(e)       a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

(f)       a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Additional Terms Applicable to Users of Microsoft Windows Phone Devices

If you installed or downloaded our App via Microsoft’s Marketplace App Store (“Microsoft”):

(a)     you agree that Microsoft and Microsoft’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Microsoft will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary;

(b)     you acknowledge and agree that we, and not Microsoft, are responsible for addressing any claims you or any third party may have in relation to our App;

(c)      you acknowledge and agree that Microsoft has no obligation whatsoever to furnish any maintenance and support services with respect to our App;

(d)     you agree that in the event of any failure of our App to conform to any applicable warranty, you will notify Microsoft of such failure and Microsoft will refund the purchase price of the Microsoft (if any) to you and, to the extent permitted by applicable law, Microsoft will have no other warranty obligation whatsoever with respect to our App; and

(e)     Microsoft will not be responsible for any third party claim that our App or your possession and use of our App infringes any third party IP rights.

Additional Terms Applicable to Users of Apple iOS Devices

If you installed or downloaded our App via Apple’s App Store (“Apple”):

(a)      you agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary;

(b)     you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our App;

(c)     you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App;

(d)       you agree that in the event of any failure of our App to conform to any applicable warranty, you will notify Apple of such failure and Apple will refund the purchase price of the App (if any) to you and, to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our App; and

(e)       Apple will not be responsible for any third party claim that our App or your possession and use of our App infringes any third party IP rights.

Additional Terms Applicable to Users of Google Android Devices

If you installed or downloaded our App via Google’s Play Store (“Google”):

(a)     you agree that Google and Google’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary;

(b)     you acknowledge and agree that we, and not Google, are responsible for addressing any claims you or any third party may have in relation to our App;

(c)      you acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to our App;

(d)     you agree that in the event of any failure of our App to conform to any applicable warranty, you will notify Google of such failure and Google will refund the purchase price of the App (if any) to you and, to the extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to our App; and

(e)     Google will not be responsible for any third party claim that our App or your possession and use of our App infringes any third party IP rights.

Liability

WE WILL DO OUR BEST TO ENSURE SCOOPT RUNS SMOOTHLY, BUT WE CANNOT GIVE ANY GUARANTEES THAT IT ALWAYS WILL (PARTICULARLY GIVEN THAT WE RELY ON THIRD PARTIES IN PROVIDING SCOOPT TO YOU). SCOOPT IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND SUPPLIERS, DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION:

(A)     WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

(B)     THAT SCOOPT WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE, VIRUS-FREE OR ERROR-FREE; AND

(C)     THAT CONTENT DISPLAYED OR OBTAINED VIA SCOOPT WILL BE ACCURATE OR RELIABLE.

IN NO EVENT WILL SCOOPT, OUR AFFILIATES OR ITS SUPPLIERS OR LICENSORS, BE LIABLE, TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:

(A)     ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES;

(B)     THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES;

(C)     FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA;

(D)     FOR BUSINESS LOSSES OR LOSSES TO NON-CONSUMERS;

(E)     PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO USE OF SCOOPT;

(F)     ANY LOSS OR DAMAGE ARISING FROM USER GENERATED CONTENT (AS SET OUT ABOVE) OR ANY ACTIONS OR OMISSIONS THAT YOU TAKE IN RELIANCE UPON IT; OR

(G)    ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL.

YOU AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SCOOPT IS TO DISCONTINUE ANY USE OF OUR APP AND/OR OUR SITE.

IF FOR ANY REASON, YOU DO BRING A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF SCOOPT, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED £25.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SCOOPT, OUR CONTRACTORS, AND OUR LICENSORS, AND ALL RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF SCOOPT, INCLUDING BUT NOT LIMITED TO OUT OF YOUR BREACH OF THESE TERMS OR THE TERMS OF ANY THIRD PARTY LOGIN SERVICE.

Changes and Termination

We keep our Terms of Use under review and will place any updates on this webpage. This version is dated 2nd July 2013.

Scoopt may change, add or delete these Terms or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the App or Site. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions. YOUR CONTINUED USE OF SCOOPT NOW OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH CHANGES.

We will use our best efforts to give you reasonable notice of any such changes/termination wherever possible but we will not be liable to you or to any third party for any changes, suspension, or restriction to, or termination of, Scoopt.

If we have to terminate your access to Scoopt as a result of you having breached these Terms or because you have brought a claim against us, you will not establish another account with us for a period of not less than 10 years from the date of termination.

You can terminate your access to Scoopt at any time by closing down the App and deleting it from your computer or access device, or – in the case of our Site – logging out and navigating to another site.

Governing Law

The laws of the United Kingdom apply to these Terms, without regard to conflict of law rules. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of these Terms.

Miscellaneous Legal Stuff

Scoopt reserves all rights not expressly granted in these Terms. You may not assign any rights granted to you in these Terms. Nothing in these Terms shall constitute a partnership or joint venture between you and Scoopt. Should any term or provision be deemed invalid, void or unenforceable either in part or its entirety, it shall be severed and the remainder of these Terms shall remain in full force and effect. Our failure at any time to require performance of any term shall in no manner affect our right at a later time to enforce the same term unless this right is waived by us in writing. These Terms together with our Privacy policy constitute the final, complete and exclusive agreement with respect to your use of Scoopt. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnification and limitation of liability provisions. If you do not agree, or cannot comply, with these Terms, you must stop using Scoopt and terminate your account with us. In the event of any inconsistency between terms located on our Site and terms of our App, the terms on our Site will prevail to the extent of any inconsistency.

If you have any questions or concerns about these Terms, please email us at support@scoopt.com or write to us at Scoopt Ltd, 90 Fetter Lane, London, United Kingdom EC4A 1EQ.

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