These Terms of Service (“Terms”) govern your access to and use of the services, including our website, SMSs, email notifications, and mobile applications (the “Services” or “Skrounge”) and any information, text, graphics, photos, videos, or other materials uploaded, downloaded or by any means appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are contingent upon your acceptance of and compliance with these terms and any subsequent “Posting Guidelines” published by the Services. By accessing or using the Services you agree to be bound by these Terms.
I. You may use this service only if you can legally form a binding contract with Skrounge and are not a person barred from receiving services under any jurisdiction in the United States or elsewhere. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with others under these Terms.
The Services provided by Skrounge are forever evolving, and we will do our best to keep our users in the loop, however the form and nature of these services may change from time to time without prior notice to the user. In addition, Skrounge may permanently or temporarily stop providing the Services to individual or all users without prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements or sponsorships which may be targeted to the Content on the Services, queries made through the Services or other information. The types and extent of advertising by Skrounge on the Services are subject to change. In consideration for Skrounge granting you access to and use of the Services, you agree that Skrounge and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
III. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Skrounge cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
IV. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Skrounge be liable in any way for any content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere
V. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content through the Services, you grant Skrounge a worldwide, non-exclusive, royalty free license, with the right to sublicense to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
VI. Skrounge grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the software that is provided to you by Skrounge as part of the Services, so long as use is limited to these Terms.
VII. Skrounge gives you a personal, worldwide, royalty free, non assignable and non exclusive license to use the software that is provided to you by Skrounge as part of the Services. This license is for the solo purpose of enabling you to sue and enjoy the benefit of the Services as provided by Skrounge, in the manner permitted by these Terms.
VIII. By accepting these terms and accessing the Services you certify that you are a student, currently enrolled at a College or University where the Services are made available as defined within these Terms.
IX. The Terms will continue to apply until terminated by either you or Skrounge. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) you are no longer enrolled as a student at a College or University where the Services are made available as defined within these Terms; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
X. You release to the fullest extent permitted by law, Tumblr, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users of the Services; (ii) third part sites and services, including content found on such sites and services; (iii) disputes concerning any use of or action taken using your Account by you or a third party; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating you your Account, including unauthorized use or alteration of such communications or your Content.
XI. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, SKROUNGE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICUlAR PURPOSE, OR NON-INFRINGEMENT.
Skrounge makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements, or be available on an uninterrupted, secure, or error free basis. No advice or information, whether oral or written, obtained from Skrounge or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Skrounge is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Skrounge of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKROUNGE, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SKROUNGE EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID SKROUNGE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT SKROUNGE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
XII. The failure of Skrounge to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provision of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in New York County, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Effective: February 1, 2013.