Last Revised: May 16, 2018
If you have questions or concerns regarding this statement, you should first contact Scissr at Contact@Scissr.com.
COLLECTION AND USE OF INFORMATION
If you desire to have access to or use the App, you will be required to become a registered user and submit certain Personal Information and other information (“Registration Information”) to Scissr. Registration Information that we collect may include your IP address, full name, user name, password, email address, date of birth, city, time zone, telephone number, ethnicity, sexual identity, and other information that you decide to provide us with or include in your public profile (“Profile”). Certain Registration Information, including your username and age, may be visible to other users through your Profile. Under no circumstances should you provide your social security number, driver’s license number, credit card or banking account information, or other sensitive Personal Information through the App.
The App may collect and pass to third parties precise geolocation information (“Geolocation Information”) linked to your mobile device or advertising identifiers, and may do so when you use the App or when the App runs in the background on your device. Geolocation Information may include your device GPS coordinates. If you do not want this information to be linked to your device, you may go to your device “settings” (which are somewhat different for iOS and Android devices) and opt out of interest-based or personalized advertising. You may also prevent your Geolocation Information from being collected by this App through your device settings (but this may affect the functionality of certain App features).
Geolocation Information may be used by Scissr or third parties to customize ads in this App or in other applications. Your Geolocation Information also may be used for market or other research regarding aggregated traffic patterns.
When you use the App, our servers automatically collect and record information (“Log Data”) created by your use of the App. This Log Data may include information such as your mobile device type, operating system version and type, certain device settings, device time zone, device carrier, current IP address, applications installed on the device, platform-specific advertising identifiers, browser type or the domain from which you are visiting, the websites you visit, the time and duration of such visits, the search terms you use, and any advertisements on which you click. For most users accessing the internet from an internet service provider, the IP address will be different every time you log on.
We use Log Data to monitor use of the App and of our services, for the App’s technical administration, and to improve the App and our services. We also use Log Data to provide targeted advertising, to conduct tracking and analytics, and to help us understand how people use the App. We do not associate your IP address or other Log Data with any of your Personal Information to identify you personally, except in case of violation of Scissr’s Terms of Service.
DISCLOSURE OF INFORMATION
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring third parties to maintain the privacy and security of your data.
Other Third Parties
We may use and share Geolocation Information, Log Data, or aggregated or otherwise non-personal information that we collect with third parties for industry analysis and other marketing purposes, to develop user analytics, to deliver targeted advertising on our App and on websites or applications of third parties, and to analyze and report on advertising you see.
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Scissr or a third party, the safety of the public, or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Unauthorized attempts to modify any information stored on the App, to defeat or circumvent security features, or to utilize the App for any reason other than its intended purposes are strictly prohibited. Scissr uses reasonable care to protect the privacy and security of Personal Information and to ensure that our systems are secure and meet industry standards. Where appropriate, we employ firewalls, encryption technology, and user authentication systems (e.g., usernames and passwords) to control access to systems and data.
Unfortunately, no Internet transmission is ever completely secure, and we cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY BREACHES OF SECURITY, DAMAGE TO YOUR DEVICE, OR ANY LOSS OR UNAUTHORIZED USE OF YOUR REGISTRATION INFORMATION OR OTHER DATA.
Users of the App must be at least 17 years old. Scissr does not seek to collect information about minors under the age of 17. If you are under the age of 17, please do not provide us with any information and promptly stop using and accessing the App and remove the App from your mobile device.
If you are a user in the European Union, or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data, including Personal Information, by Scissr from your region to countries which may not have data protection laws that provide the same level of protection that exists in countries in the European Union, including the United States.
TERMS & CONDITIONS
Welcome to the Scissr mobile application (the “App”), owned and operated by Scissr Inc. (“we”, “us”, or “Scissr”). These Scissr Terms of Service (these “Terms”) set forth the mutual agreement between Scissr and you as to your rights and responsibilities when you use the App.
1. ACCEPTANCE; SCOPE
Scissr may amend, update or modify these Terms at any time, by posting amended Terms on Scissr’s website, scissr.com, or the App. If you do not consent to these Terms, as amended, you should not access or use the App in any way and should immediately remove the App from your mobile device. By continuing to access or use the App after those changes become effective, you agree to be bound by the revised Terms.
The App may contain links to third party websites or applications not owned by Scissr. Scissr has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the App, you expressly release Scissr from any and all liability arising from your use of any third-party website or application.
2. YOUR ACCOUNT
In order to use the App, you will have to create an account with us by providing a user name and password. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device. If you become aware of any breach of security or unauthorized use of your account, you must notify Scissr immediately and change your password.
You must be at least 17 years old to use the App or create an account. If you are under 17 years of age, you are not authorized to use the App.
3. LIMITED LICENSE; RESTRICTIONS
SCISSR GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND MAKE PERSONAL USE OF THE APP, PURSUANT TO THESE TERMS.
This license is personal to you and may not be assigned or sublicensed to anyone else. This license does not include any resale or commercial use of the App or its Contents (as defined below), any derivative use of the App or its Contents, or any use of data mining, robots, or similar data gathering and extraction tools. You agree that you will not reproduce, redistribute, duplicate, copy, sell, transfer, create derivative works from, decompile, reverse engineer, alter, adapt, disassemble, or otherwise exploit the App or any source code therein. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the App.
All rights not expressly granted by Scissr herein are reserved. All software included in the App,and all copyrights thereto, is the property of Scissr.
As used throughout these Terms, “Content” includes photos, images, audio, videos, text and other materials of any and every type in all forms and mediums.
Scissr Content. Scissr, and its licensors and vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by Scissr and appearing within the App (“Scissr Content”), and all right, title and interest in and to the Scissr Content remains with Scissr at all times. All trademarks, including service marks and logos, appearing on the App are owned, controlled, or licensed by Scissr and are protected by trademark law, whether registered or unregistered. Scissr’s trademarks and trade dress may not be used in connection with any product or service that is not Scissr’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Scissr.
Licenses Granted By You. Subject to the license granted herein, you retain all of your ownership rights in your Content. By submitting any Content through the App, you grant Scissr and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the App and our business, including by way of example, for promoting the App. You also hereby grant each user of the App a non-exclusive license to access your Content through the App, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the App and under these Terms.
Your Representations and Warranties. For each piece of Content that you submit, you represent and warrant that: (a) you have the right to submit to or otherwise post the Content on the App; (b) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (c) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and grant the licenses contained herein; and (d) the Content complies with these Terms and all applicable laws.
Acknowledgements. You acknowledge and agree as follows:
a. Scissr does not permit copyright infringement or other violations of intellectual property rights on the App, and we reserve the right to remove Content if properly notified that such Content infringes on another’s intellectual property rights;
b. Scissr is not responsible or liable for the accuracy, utility, safety, or intellectual property rights of or relating to any user Content within the App;
c. Scissr does not endorse any Content, recommendation, view or opinion submitted to the App by any user;
d. You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto; and
e. You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the App.
5. CODE OF CONDUCT
In accessing or using the App, you agree that you will not:
a. Defame, harass, stalk, threaten, intimidate, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
b. Impersonate any person or entity or use fraudulent, misleading or inaccurate email address or other contact information;
c. Violate any applicable laws or regulations;
d. Submit, upload or display on the App any Content that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (ii) contains sexually explicit Content, pornography or nudity; (iii) contains hateful, malicious or discriminatory Content, incites hatred towards any individual or group, or incites or advocates racism, sexism, terrorism or violence; (iv) encourages any illegal activity; (v) infringes our or any third party’s intellectual property or other rights; (iv) contains any confidential, proprietary or trade secret information of any third party; or (vii) includes any advertisements, solicitations, investment opportunities or other unsolicited commercial or chain communications or promotes the sale of goods or services;
e. Upload photographs of people who have not given permission for their photographs or likeness to be uploaded to a shared or social media site;
f. Spam, hack into or deface the App, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
g. Harm or exploit minors; or
h. Use the App for any commercial, advertising or solicitation uses or to collect any personally identifiable information about others.
Scissr has the right, but not the obligation, to monitor all conduct on and Content submitted to the App. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, Scissr may immediately terminate your access to and use of the App or remove any Content that you submit, upload or display.
6. TERMINATION; ACCOUNT DELETION
Termination for Cause. Scissr may terminate, suspend or disable your access and use of the App (or any part thereof), delete your account, or block or remove any Content you submit if Scissr determines, in its sole discretion, that you have violated any provision of these Terms. Scissr reserves the right to determine whether Content violates these Terms. If Scissr deletes your account for any of the reasons set forth herein, you may not re-register for the App. Scissr may block your email address and Internet protocol address to prevent further registration. If you believe that Scissr has suspended or terminated your account in error, you may contact us at contact@Scissr.com at any time.
Effect of Termination. Upon termination, all licenses granted by Scissr will terminate automatically. Sections 5, 6, 7, 8, 9, 10, and 11 of these Terms shall survive termination. In the event of an account deletion for any reason, Content that you submitted may no longer be available. Scissr shall not be responsible for the loss of such Content.
7. COPYRIGHTS; DMCA NOTIFICATIONS
Notifications of Claimed Infringement. While we are not obligated to review submissions for copyright infringement, we are committed to respecting copyrights and the other intellectual property of others. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
c. 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 us to locate the material;
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address (if available) of the complaining party;
e. 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
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notifications. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the Content, you may send us a counter-notification. DMCA notifications and counter-notifications must meet the then statutory requirements imposed by the DMCA (see 17 U.S.C 512(g)(3) or http://copyright.gov for more information).
Copyright Agent. Notifications and counter-notifications, as described herein, should be sent to: Contact@Scissr.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notification may not be valid.
Scissr reserves the right to modify the App. The App and all Scissr Content is provided by Scissr “AS IS” and on an “as available” basis. Without limiting the foregoing, Scissr makes no representations or warranties: (a) concerning the accuracy or completeness of the App or any Scissr Content; (b) concerning any Content submitted by any user; (c) that any Content you submit will be made available on the App or will be stored by Scissr; or (d) that Scissr will continue to support any particular feature of the App.You expressly agree that your use of the App is at your sole risk.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCISSR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.
Without limiting the foregoing, Scissr expressly disclaims, and assumes no liability or responsibility for, any: (a) errors, omissions, or inaccuracies of Content; (b) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the App; (c) unauthorized access to or use of the App or any Content; (d) interruption or cessation of transmission to or from the App; (e) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the App; (f) Content submitted by any user; (g) defamatory or offensive conduct of any third party, including other users; or (h) loss or damage of any kind incurred as a result of the use of the App or any Content posted, transmitted, or otherwise made available through the App, including any loss of your Content.
Scissr does not endorse, guarantee or assume responsibility for any Content, product or service posted, advertised or offered by any third party on or through the App, and Scissr will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Scissr will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any claim or cause of action, including without limitation, those arising from (a) errors, omissions, or inaccuracies of Content; (b) tangible or intangible property damage or loss of any nature whatsoever, resulting from your access to and use of the App; (c) any unauthorized access to or use of our servers and any and all personal information stored on such servers; (d) any interruption or cessation of transmission to or from the App; (e) any bugs, viruses, trojan horses or the like which may be transmitted to, by or through the App; or (f) any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available via the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages. You specifically acknowledge and agree that Scissr shall not be liable for any Content or for the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
Without limiting the foregoing, Scissr’s total liability to you shall not exceed the amounts paid by you to Scissr over the 12 months preceding your claim.
To the extent permitted by applicable law, you agree to defend and indemnify Scissr and its respective affiliates, directors, officers, shareholders, employees, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees, arising from or relating to: (a) your access to or use of the App; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy or publicity right; or (d) any claim that your Content caused damage, harm or loss to a third party. The foregoing obligations shall survive these Terms and any termination of your use of the App.
Applicable Law. By using the App, you agree that the laws of the State of Delaware will govern these Terms, without regard to principles of conflicts of law.
Disputes. Any dispute relating in any way to your use of the App shall be adjudicated in any State or Federal Court in Delaware, and you consent to exclusive jurisdiction and venue in such courts.
Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Scissr’s prior written consent. Scissr may assign these Terms without restriction.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Electronic Communication. When you use the App or send email to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the App. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Last Revised: May 16, 2018