Acceptance of the Terms of Service
Welcome to the “ Scopemedia” application (including without limitation all other content and functionality available through such application, and all updates thereof, the “Service”), a product of ScopeMedia Inc. (a.k.a. “we” or “us” or the “Company”). We are excited to have you as a user. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Service”) apply to your use of the Service, including any content, functionality and services offered on or through the Service.
Changes to the Terms of Service
The Service is a work in progress, and we will update these Terms of Service from time to time in our sole discretion. Since this document is posted on the Service and on our website, you should periodically review the most up-to-date version. Your continued use of the Service following the publishing of revised Terms of Service means that you accept and agree to the changes.
Accessing the Service and Account Security The Service may be modified and/or updated from time to time. We reserve the right to withdraw or amend, even dramatically, this Service, and any features or material we provide in it, in our sole discretion without notice. Also, we will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to certain types of users.
To access the Service you are provided with or will be asked to choose a secure user name, password and possible other pieces of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Company of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for all activities that occur under your account.
It is a condition of your use of the Service that all the information you provide on or through it, including without limitation your profile information, is correct, current and complete.We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service.
Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.You are permitted to use the Service for purposes not inconsistent with applicable law or these Terms of Service.
Subject to the terms and conditions of these Terms of Service, the Company grants to you a non-transferable, non-sub-licensable, non-exclusive, revocable, limited-purpose right to access and use the features of the Service solely as permitted under these Terms of Service. Use of the Service or any content or materials available thereon for any purpose not expressly permitted herein is strictly prohibited. You must not delete or alter any copyright, trademark or other proprietary rights notices from the Service or from copies of materials from the Service.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to: firstname.lastname@example.orgIf you use any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:In any way that violates any applicable federal, provincial, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada, the US or other countries).To send, upload, download, use or re-use any material which does not comply with the Content Standards set forth below.To transmit, or procure the sending of, any mass advertising or direct solicitation material.
To impersonate or attempt to impersonate the Company or a Company employee, another user, or another person or entity (including, without limitation, the use of e-mail addresses or screen names associated with or confusingly similar to any of the foregoing).To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.
Additionally, you agree not to:
Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including to monitor or copy any of the material on the Service.Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Service.Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the ServiceAttack the Service via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Service.
User Contributions and Legal Disclaimer
The Service contain user generated content, and also may contain message boards, photo libraries, personal pages or profiles, forums or other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Service.
All User Content must comply with the Content Standards set out below.
The Company does not claim ownership of any User Content that you post on or through the Service. Instead, you hereby grant to the Company a perpetual, irrevocable, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the User Content that you post on or through the Service.
By setting your pages to be viewed publicly, you agree to allow others to view, comment, edit and branch your User Content, and you grant us the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the Company and its affiliates the license granted above. You represent and warrant that all of your User Content does and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.
As between you and the Company, any and all User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with the Company is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place the Company in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of the Company, and the Company will not be liable for any use or disclosure of any User Content you provide.
You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to the Company related to the Service or the Company or its business (“Feedback”) shall become the Company’s property without any compensation or other consideration payable to you by the Company, and you do so of your own free will and volition. The Company may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative the Company may decide into its business, including without limitation into the Service or its other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to the Company in any Feedback and, as applicable, waive in favor of the Company any moral rights therein.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Service, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Service.
Monitoring and Enforcement of User Content; TerminationWe have the right to:Remove or refuse to post any User Content for any or no reason in our sole discretion.Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Service and the public or could create liability for the Company.
Disclose user identities when required to do so by applicable law, including in response to a law enforcement request supported by a valid court order.Terminate your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
We do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non performance of the activities described in this paragraph.
These content standards apply to any and all User Content and Interactive Services. User Content must comply with all applicable federal, provincial, state, local and international laws and regulations.
Without limiting the foregoing, User Content must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter or advertising.Give the impression that they emanate from us or any other person or entity, if this is not the case.
If you believe that any User Content violate your copyright, please email us at email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
Disclaimer of Warranties, Limitations of Liability and Indemnification.Because the Service is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN PARTICULAR, YOU ACKNOWLEDGE THAT, TO THE EXTENT THAT THE COMPANY PROVIDES TECHNICAL SUPPORT, SUCH TECHNICAL SUPPORT IS ONLY AVAILABLE VIA EMAIL, IN ENGLISH; THAT WE USE THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO RUN THE SERVICE; THAT THE TECHNICAL PROCESSING AND TRANSMISSION OF THE SERVICE, INCLUDING USER CONTENT, MAY BE TRANSFERRED UNENCRYPTED AND INVOLVE (A) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (B) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES.
WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Service, including, without limitation, any use of the Service’s content, Services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.
Third Party Sites and Content
The Service may permit you to link to other websites, resources or applications on the Internet, and other websites, resources or applications may contain links to the Service. These other websites, resources and applications are not under the Company’s control, and you acknowledge that the Company is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites, resources or applications.
The inclusion of any such link does not imply endorsement by the Company or any association with its operators. You further acknowledge and agree that the Company 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 the use of or reliance on any such third party content, goods or services available on or through any such website, resource or application. Access and use of third party sites, resources and applications, including the information, material, products and services available thereon, is solely at your own risk.
The Service is offered and controlled by the Company from its facilities in Canada. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Apple Specific Terms
If you download, purchase or otherwise acquire any products or services of the Company, including without limitation the Service, through the “App Store” provided by Apple Inc. (“Apple”) or are otherwise using the Service through an iOS device, you agree to be bound by the additional terms and conditions set forth below:
You acknowledge that these Terms of Service are concluded between you and the Company only, and not with Apple, and that the Company, not Apple, is solely responsible for the products or services of the Company, including without limitation the Service and the content thereof.
Notwithstanding anything to the contrary in these Terms of Service, the license granted to you hereunder with respect to the Service is limited to a non-transferable license to use the Service on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
The Company is solely responsible for any product warranties, if any, made under these Terms of Service.
In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service, if any, to you. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and that, subject to the terms of these Terms of Service, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
You acknowledge that the Company, not Apple, is, subject to the terms of these Terms of Service, responsible for addressing any claims made by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, the Company, not Apple, will, be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
Governing Law and Jurisdiction
If there is any dispute between you and the Company about or involving these Terms of Service or the Service, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.
You hereby agree to submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms of Service or the Service, howsoever arising, provided always that the Company may seek and obtain injunctive relief in any jurisdiction. You may bring claims only on your own behalf.
Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if the Company is a party to the proceeding.
The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
You agree that these Terms of Service is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
Except for the license granted by the Company to you to access and use the features of the Service, the terms and conditions in this Terms of Service shall survive any actual or purported termination or expiry of these Terms of Service and shall survive the cessation of your use of or access to the Service.