Last Updated February 8, 2017
ABOUT THE SERVICE
The Service includes our BitScoop® API Toolbox, BitScoop® Data Toolbox, and other great things we create. The BitScoop® API Toolbox Service provides tools to integrate and maintain APIs and microservices. The features, form, and functionality of the Service may change, and may change without prior notice. From time to time we may need to restrict access to all or part of the Service and the Service will be limited or suspended for maintenance, updates, or other reasons. We retain all rights and sole discretion to make changes to our Site or Service; or limit its use, features, or functionality; or suspend or discontinue the entire Service at any time without notice and without liability. Some features that currently require no fees may require a fee in the future. Pricing and fees are subject to change. We will of course attempt to notify you in advance to any changes or limits to the Service when and where possible.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You may use this service only where you are legally permitted and only if you are not legally prohibited from using this service. Our service is intended for use in the United States. You need to be at least 18 years old to register for or use the Service. No person under the age of 18 may use the Service or provide any information to us. If you are a parent and believe your child under the age of 13 has created an account or otherwise provided personal information to us, please contact us at http://bitscoop.com/support.
If you are a user who signs up for the Service, we will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. We maintain sole discretion to suspend, cancel, and/or delete accounts and their associated data and usernames at any time. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company is not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
· post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· use the service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission or attempt to gain unauthorized access;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
· publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
· distribute or propagate viruses, corrupted files, or any malicious files, data, or material;
· use as a test server or conduct load or performance testing on the Service, without prior written permission;
· use our Service to improperly use or bypass the limitations or restrictions imposed by other third party services; or,
· reverse engineer the Service.
CONNECTED CONTENT AND THIRD PARTY SERVICES
When you create your account, you may use our Service to connect to “Third-Party Services” (including APIs, data providers, partners, platforms, or apps e.g. Facebook, Twitter, Github, etc.) and other platforms or data sources to access and interact with your Connected Content on those Third Party Services. You affirm that you own and/or are authorized to access all of your connected Third Party Services accounts and the Connected Content therein. You acknowledge when you access the Third-Party Services, you will do so at your own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and you shall comply with all such terms and conditions. The Company makes no representation and shall have no liability or obligation whatsoever in relation to the Connected Content or use of any Third-Party Services.
You are solely responsible for the Connected Content that you upload, download, connect to, or otherwise make available to the Service. We encourage you to familiarize yourself with the legal policies of these Third-Party services and the use of their Connected Content and you agree to abide by those legal policies. The Company reserves the right to block or remove any or all of your Connected Content or your other content from the Service at any time at its discretion, however we are not obligated to do so, nor are we liable for any use of our Service that is contrary to the legal policies of your Third-Party Services.
USER GENERATED CONTENT SHARING AND CONDUCT RESTRICTIONS
Within your account, you may be able to provide, create, or share User Generated Content. You are solely responsible for the User Generated Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Generated Content. The Company, however, reserves the right to remove any User Generated Content from the Service at its discretion.
The following rules pertain to User Generated Content. By transmitting and submitting any User Generated Content while using the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, false or inaccurate;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby affirm we have the right to determine whether any of your User Generated Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
· You agree that you shall not select or use an URL or other public identifier on our Service that is a name of another person or entity, especially with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or ownership of your shared content or account. The Company reserves the right to refuse your registration, cancel an account, or modify your URL or other public identifier in its sole discretion.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Generated Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Generated Content. The Company does not, and cannot, pre-screen or monitor all User Generated Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
We maintain a Community for developers to provide support and assistance to fellow users and the company. Contributions to the Community are subject to the conduct restrictions above. Additionally, you agree that we may re-publish your content or suggestions, or use your content or suggestions to improve our services or to create new services or features; and you grant us an irrevocable, royalty-free license to use or sublicense your content.
Certain features of the Service require fees. All fees are stated in United States Dollars. When you purchase or subscribe to a Paid Service, you agree to pay all applicable fees that you sign-up for, including overages, as well as any related taxes or charges. You represent and warrant that you have all rights to use the payment method you are using to pay for any Paid Services. By submitting payment information to our payment system, you hereby authorize us to use (or cause our third party payment processing services provider to use) your payment information to charge all fees you may incur in connection with the Paid Services.
Purchases of Paid Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing the Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of access to the Paid Services.
The Company may change its prices for Paid Services or start charging for unpaid services using its sole discretion at any time. We will provide you reasonable notice of any such pricing changes.
If any taxes are due on the services used or purchased, the user is responsible for payment of all appropriate taxes.
Either party may terminate this Agreement at any time by notifying the other party. The Company may also terminate or suspend your access to or ability to use the Service immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement, if you create legal liability for The Company, interfere with others use of the Service, or use the service in a any way detrimental to our users, our community, third parties, or The Company. In particular, we may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement or other violations.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease, and we have no obligation to retain any of your content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third party.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links and connections to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent: BitScoop Labs, Inc., Attn: Copyright Agent, 30262 Crown Valley Parkway, Suite B360, Laguna Niguel, California 92677, as well as firstname.lastname@example.org:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description 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;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have 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
7. 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.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company's copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, patents, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through e-mail or the Service’s messaging systems, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Company and special offers. You may opt out of such email by contacting us at http://bitscoop.com/support or mail to the following postal address:
BitScoop Labs, Inc.
30262 Crown Valley Parkway
Laguna Niguel, CA 92677
Opting out may prevent you from receiving messages regarding the Company or special offers. Notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, DOCUMENTS, FILES, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM THE USE, CREATION, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; YOUR USE OR INABILITY TO USE THE SERVICE; THE LOSS, DAMAGE, OR MISAPPROPRIATION OF YOUR FILES; CONSEQUENCES RELATED TO CHANGES, RESTRICTIONS, SUSPENSIONS, OR TERMINATION OF THE SERVICE; PROBLEMS ARISING FROM THE THIRD PARTY CLOUD SERVICES WE UTILIZE; THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, BITSCOOP®, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO BITSCOOP® FOR THE PAST 2 MONTHS OF THE SERVICES IN QUESTION.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more other users of our Service, a Third Party Services provider, or someone affected by your Connected Content or User Generated Content, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.