TERMS AND CONDITIONS OF USE
Updated: April 2022
We maintain the right, in our sole discretion, to change, modify, amend, or supplement these Terms at any time and without notice. Any modifications will be effective immediately, unless stated otherwise. Your continued use of the Services after any revision of these Terms means you accept those changes and agree to be bound by those terms. Our current version of these Terms will always be accessible to you online.
“Company”, “we”, “us”, or “our” shall mean Skurpy Inc., as well as any of its members, parents, subsidiaries, affiliates, and related entities.
“User”, “you”, or “your” means the entity or person using the Services, including any of the entity or person’s employees, consultants, contractors, agents, or other third parties who access or use the Services under your username, log-in, or account, whether with your authorization or permission or not.
“Services” means your access and use of the website https://www.skurpy.com/ and all sub-pages, platforms, applications, portals, software, or related services forming parts thereof.
For the purposes of these Terms, the Company and User may be referred to herein individually as a “Party” and collectively as the “Parties”.
ACCESS AND USE OF THE SERVICES
In order to use the Services, User will be required to create a user account with Skurpy. Only registered accounts can use the Services. Individuals cannot create a user account on behalf of another individual.
By agreeing to these Terms, the Company grants User a non-exclusive, non-transferable, limited, and revocable right to access and use the Services. This right exists solely pursuant to these Terms.
By accessing or using the Services, you agree to use the Services pursuant to these Terms and solely for your own bona fide, legitimate, and lawful business purposes. You agree that it is your responsibility to know and understand the laws applicable to your use of the Services and the Content (as defined herein) disseminated or generated through your use of the Services. You specifically agree not to:
license, sublicense, sell, assign, transfer, share, distribute, or otherwise market or exploit the Services in any way, or otherwise make the Services available or accessible to any third party;
display, share, disseminate, market, or otherwise disclose any content that would infringe or otherwise violate the rights of any third party, including the Company, and including but not limited to any such party’s intellectual property rights;
display, share, disseminate, market, or otherwise disclose any Content that would be considered unlawful, spam, fraudulent, misleading, or unsolicited communications, or violate any applicable federal, state, local, or foreign laws, rules, or regulations concerning privacy, security, obscenity, defamation, incitement, hate speech, pornography, terrorism, discrimination, money laundering, gambling, child protection, and other applicable laws;
copy, modify, adapt, or repurpose the Services, or make derivative works thereof;
access the Services for any purpose other than the proper and bona fide use of the Services;
directly or indirectly undertake any effort, or attempt to undertake any such effort, to reverse engineer or decode the Services, or any component thereof, to create a competitive program, whether for your own use, for market use, or any other reason; and
interfere with or disrupt the Services or any component thereof, including data, networks, sites, and servers.
To access and use the Services, you may be required to provide certain information including personal identifying information, contact information, and other customary information. You represent and warrant that any information provided by you in connection with the Services, whether when you register for an account or while you use or access the Services, shall be accurate, up-to-date, and truthful at all times. You are solely and entirely responsible for maintaining the confidentiality of all usernames and passwords related to your access to and use of the Services, and maintaining the security of your account.
The Company reserves the right, at any time, temporarily or permanently, in whole or in part, to modify, suspend, or discontinue the Services at any time, including but not limited to in the event that we believe you are using or accessing the Services in an improper or unlawful manner or there is an actual or threatened breach of the software, database, or other material component of the Services. In such event, the Company will not be liable to you or to any other person, under any theory of law, for any damages, harm, or lost business (including lost data or profit opportunities) incurred or suffered by you as a result of such modification, suspension, or discontinuance of the Services or any component thereof.
You are responsible and liable for all uses of and accesses to the Services under your account, username, or log-in, including whether or not such access or use was with or without your permission or authorization. You agree to notify the Company immediately in the event that you learn of any unauthorized access to your account or the Services.
INTELLECTUAL PROPERTY AND OWNERSHIP
Ownership. Unless otherwise agreed upon by the Parties in writing, all trademarks, patents, copyrights, and other intellectual property rights owned by either Party separate and apart from the use of or access to the Services, including but not limited to any names or logos, shall remain owned solely by such Party, and nothing herein shall be deemed to confer any rights to any such intellectual property on the other Party. Specifically, nothing herein – or in the course of using or providing the Services – is intended to transfer, convey, assign, pledge, or hypothecate any ownership or interests in the other Party’s materials or intellectual property.
Services IP. The Parties agree that the Company owns all right, title, and interest in and to the Services, including all intellectual property rights, derivatives, and modifications (“Services IP”). The Services IP includes, but is not limited to, any improvements, enhancements, and other changes, implemented by the Company, as well as any aggregated metrics, data, content, materials, trends, reports, market information, or similar product generated by the Company whether based upon User’s use of the Services and Content or not.
Content. “Content” includes User’s data, materials, and information obtained from User’s use of the Services, including information, text, links, graphics, photos, audio, videos, non-fungible tokens, or other materials or arrangements of materials uploaded, posted, shared with, downloaded, or appearing on the Services. Between User and the Company, the Company maintains all right, title, and interest in the Content except as may be expressly set forth herein.
By using the Services, User specifically agrees as follows:
The Company has the irrevocable right to use, reproduce, display, disclose, publish, transmit, modify, or disseminate any Content, derivative thereof, or information derived therefrom, including but not limited to for the purposes of improving the Services, obtaining categorical insights, analyzing market data, advertising optimization, performing statistical analysis, research, marketing, product offerings, metrics, trends, and insights, or as may otherwise be reasonably expected in the Company’s ordinary course of business. This includes any and all media or distribution methods now known or later developed. User agrees that the Company’s use of the Content is without compensation paid to User, as the use of the Services by User is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
The Company may use such Content to create anonymous and aggregated statistical data and information concerning the use of the Services, of which all right, title, interest, and ownership thereof, including intellectual property rights, shall belong to the Company and may be used as permitted by law provided that the Company will not do so in a manner that will reveal User’s personal identifying information.
WARRANTIES, DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION
By User. User represents and warrants as follows:
User has the right and authority to enter into these Terms and to bind User to the terms herein;
All rights, access, and authorizations provided herein by User to the Company are made knowingly, voluntarily, and without reserve except as expressly set forth herein;
User will abide by all applicable federal, state, local, and foreign rules, regulations, and treaties when using the Services, including but not limited to those related to data privacy, anticompetitive activity, and communications;
User understands the rights and interests of the Company to obtain, access, and use the information available to it as a result of User’s access to and use of the Services and understands the commercial value therein.
The Company makes no representations, warranties, promises, or guarantees except those expressly set forth herein. The Company specifically makes no representations regarding the uptime, accessibility, or availability of the Services. The Company further disclaims any warranties concerning any third-party products or materials available through User’s access to, or use of, the Services.
The Company is not responsible for any unauthorized access to User’s account, whether caused by User’s negligence or not.
The Company is not responsible for any violations, infringement, or improper use of any third-party materials, including but not limited to intellectual property rights, copyrights, trademarks, patent rights, service marks, and related rights (legal, moral, and contractual).
The Company will not be responsible for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or User’s use of the Services, even if the Company knows they are possible. This includes if the Company deletes User’s content, information, or account, or any third-party infringement of User’s privacy, intellectual property, or other rights vis-à-vis the Services.
Except as otherwise set forth herein, the Services are provided “as is” and the Company expressly disclaims all representations, warranties, promises, or guarantees, whether express, implied, statutory, or otherwise. The Company specifically disclaims all warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from the Parties’ course of dealing, usage, or trade practices; any specific level of results, achievements, or expectations that User might expect, or that the Services will meet User’s expectations or requirements, achieve any intended goal or target, or otherwise be compatible with User’s software, business plans, models, strategies, campaigns, systems, or goals; or that the Services will be error-free, secure, or accurate.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third-party’s websites, products, services, or materials. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including your Content.
Limitations of Liability.
IN NO EVENT WILL THE COMPANY BE LIABLE IN CONNECTION WITH THESE TERMS OR THE SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; INCREASED COSTS, DIMINUTION IN VALUE, LOST BUSINESS, LOST REVENUE, LOST INCOME, LOST PRODUCTION, OR LOST PROFITS; LOSS OF GOODWILL OR REPUTATION; INABILITY TO USE, DELAY, INTERRUPTION, OR LOSS OF BUSINESS SYSTEMS OR DATA; OR BREACH OF DATA OR SYSTEM SECURITY, REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
This Section 5(D) sets forth User’s sole remedies and Company’s sole liabilities and obligations for any actual, threatened, or alleged claims that User may have against the Company, including but not limited to any claim concerning the infringement, misappropriation, or violation of User’s intellectual property, confidential or proprietary information, or Content.
The Company specifically disclaims any liability for any materials or content posted, accessed, shared, disseminated, or otherwise made publicly available on its website, or through the Services, that imposes, infringes, or otherwise violates any third party’s intellectual property rights. The Company does not regulate, control, or otherwise direct the content, messages, images, displays, and other publicly available posts made by an of its Users.
If you believe any materials accessible through use of the Services infringe User’s copyright, you may request removal of those materials (or access to them) from the Skurpy platform by submitting written notification to the Company. Per the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), any such written notice must include substantially the following:
your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Skurpy platform, a representative list of such works;
identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
adequate information by which we can contact you (including your name, address, telephone number, and email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent(s), or the law;
a statement that the information in the written notice is accurate; and,
if you are submitting as a party other than the copyright owner, a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
By Company. The Company disclaims any indemnification, including but not limited to for any unauthorized use or access of the Services under your account, username, or log-in.
By User. User will indemnify, defend, and hold harmless the Company, and all of its officers, directors, members, shareholders, owners, employees, agents, and individuals acting on their behalf, from and against any claims, losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from:
Any third-party claim that the Content infringes or misappropriates such third-party’s intellectual property rights;
Any third-party claim alleging User’s negligence, fraud, or willful misconduct;
Any unauthorized use of, or access to, the Services under User’s account;
User’s use of the Services in any unauthorized, impermissible, or unlawful manner, or in a manner that is beyond the scope of the Terms;
User’s breach of the Terms or misuse of the Services;
User’s negligence or willful act or omission; and
Any injuries or damages caused by User’s use of, or access to, the Services.
Termination. These Terms may be terminated as set forth herein:
By Company. The Company may terminate User’s access to – and account with – the Company at any time, for any reason, including but not limited to, in the event that User breaches any material term of these Terms or otherwise engages in any unauthorized, unlawful, or improper use of the Services. The Company may also notify User in advance that it will close User’s account if User has ceased using the Services for an extended period of time. Upon termination, User understands and agrees that Company has no obligation to retain any personal information or Content and is unable to respond to any requests related to or to recover same.
Information Collected. By using our Services, you consent to the Company collecting the following information:
Information directly provided from you to Skurpy; and,
Information collected automatically when you use the Services.
When you register with the Company or use the Services, we may ask you to provide information:
by which you may be personally identified, such as name, address, email address, telephone number, or any other information we deem necessary and appropriate, including any other personal identifier by which you may be contacted and financial/payment information; and,
any other information deemed necessary or appropriate by us in order to provide the Services to you.
If you do not feel comfortable sharing or disclosing this information with us, do not access or use the Services.
This information includes, but is not limited to, the following:
Information that you provide by signing up for a Skurpy.com account, contacting us, or by using any Skurpy.com features, and that you provide at the time of downloading any applications, registering to use the Services, and using the Services in any way; and,
Details of transactions or communications made as part of your use of the Services.
When you access or use the Services, we may use technology to automatically obtain:
Usage Details. When you access and use the Services, we may automatically obtain certain details of your access to and use of the Services, including traffic data, location data, IP addresses, and other communication data and the resources that you access and use on or through Skurpy.com.
Device Information. We may obtain information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, and mobile network information.
Location Information. We may obtain real-time information about the location of your device.
When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
your mobile device manufacturer; and,
your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be personal information as well as information about your online activities across different websites and apps. These third parties may use this information for advertising or other targeted content. We do not sell or otherwise disclose this information to any third parties, except as provided herein. Nor do we control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible party directly.
How We Use Your Information. We may use your information to:
provide you with access to Skurpy.com and any other applications, its contents, the Services, and any other information, products, or services that you request from us or that we may elect to offer to our users, including any changes or updates to the products and services offered;
provide you with notices about your account;
notify you when there are any application updates and updates to this Agreement are available; or,
fulfill any other lawful purpose, including but not limited to carrying out our obligations and enforcing our rights arising from these Terms or any other agreement.
Disclosure of Your Information. Except as disclaimed herein, we may, in our sole discretion, elect to disclose certain information about our users. We may disclose personal information that we collect or you provide:
to our subsidiaries, partners, associates, and affiliates in the ordinary course of business;
to our employees, contractors, vendors, service providers, and other third parties we use to support our business or provide the Services, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
to a buyer, investor, partner, or successor, including in the event of a change in ownership, joint-venture, partnership, merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets;
to fulfill any lawful purpose deemed appropriate by the Company, including but not limited to the purpose for which you provide it and any other purpose disclosed by us in this Section 6, as may be amended;
to comply with any court order, law, or legal process, including to respond to any government or regulatory request, or as otherwise legally required;
to enforce our rights arising from any terms or agreements entered into between the Parties; and,
if we believe, in our sole discretion, that disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, its customers, or others.
Data Retention and Deletion. We store your information as cache data and will maintain that information and data until you request, in writing that we delete such information. Any of your personal information disclosed to any third-party as set forth herein will be outside of our control and access and we cannot force or require the deletion of any such information.
Children Under the Age of 13.
Skurpy.com is not intended for children under 13 years of age. No one under 13 may provide any personal information to or on Skurpy.com. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on Skurpy.com, register on our site, use any of the interactive or public commentary features on our site, or provide other information about yourself to us (including your name, address, telephone number, email address, screen name, or social media handle that you use). If we learn that we have collected or received personal information from someone under the age of 13 without verification of parental consent, we will delete that information.
California residents under age 16 may have additional rights regarding the collection and sale of their personal information.
Skurpy.com offers certain features, including chat features, messaging, message boards, and similar communication methods that enable all users, including children, to communicate with other users on the website. We do not control the types of information your child can send or post through them. We encourage parents to educate their children about safety online and to carefully monitor their children’s use of social features to ensure they do not disclose their personal information through them.
California Users. If you are a California resident, California law may provide you with additional rights regarding our use of your information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa. California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us.
We control and operate Skurpy.com and the Services from and within the United States of America. While we understand that foreign citizens may have access to and use the Services, we make no representation that the Services, its contents, or the Services are appropriate for such users. To the extent any such users access the Services, the Company will comply with all applicable privacy and data laws that will apply.
Residents of the European Union have rights, under certain circumstances, to: (i) receive communications related to the processing of their personal data that are concise, transparent, intelligible, and easily accessible; (ii) be provided with a copy of their personal data held by us; (iii) request the rectification or erasure of their personal data held by us without undue delay; (iv) request that we restrict the processing of their personal data (while we verify or investigate their concerns with this information, for example); (v) object to the further processing of their personal data, including the right to object to marketing; (vi) request that their personal data be moved to a third party; (vii) receive their personal data in a structured, commonly used and machine-readable format; and (viii) lodge a complaint with a supervisory authority.
We take your privacy seriously and have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where you have chosen a password for access to Skurpy.com and the Services, you are solely responsible for keeping this password confidential. DO NOT SHARE YOUR PASSWORD WITH ANYONE.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure and, despite our best and reasonable efforts to protect your information, we cannot guarantee the security of the information transmitted through our Services. Any such transmission of information is at your own risk and we disclaim any responsibility for the unauthorized disclosure of that information, including the circumvention of our data privacy and security measures.
As part of our security measures, we do not maintain your information for longer than we deem necessary. The length of time deemed necessary under this section may depend on various factors, including but not limited to, the nature of the information, its relevance to our business operations and offerings, industry standards, your use of the Services, and any other factors appropriate in making such a determination (including those mandated by federal, state, and local governments, agencies, and watchdogs).
Relationship of Parties. Nothing contained herein shall be construed to establish a joint venture, agency, partnership, or other form of joint enterprise, employment, or fiduciary relationship between the Parties. User has no authority to act on behalf of the Company, to bind the Company, or to incur any debt, claim, obligation, or liability on Company’s behalf.
Entire Agreement. These Terms constitute the entire agreement between the Parties with respect to the subject matter contained herein. No representations, warranties, or promises have been made or relied upon by any of the Parties other than those set forth in these Terms. These Terms supersede all prior agreements and understandings between the Parties with respect to such subject matter. Each of the Parties acknowledges that it is not executing these Terms in reliance upon any promise, representation, or warranty not contained or referred to herein.
Amendment and Waiver. These Terms may be amended or modified only in writing executed by all Parties. No waiver of compliance with any provision or condition, and no consent provided for, shall be effective unless evidenced by an instrument in writing duly executed by all Parties.
Severability. The provisions of these Terms shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions herein.
Dispute Resolution and Choice of Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding any rules regarding choice of law to the contrary. Any dispute arising hereunder shall be adjudicated exclusively in the state or federal courts located in New York County, New York, and the Parties waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Assignment. The Company may assign these Terms and the Services to any subsidiary or corporate affiliate, or to any successor or assign (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Company. User may not assign these Terms, or any rights or obligations hereunder, without written approval by the Company. Any purported assignment by User in violation of this provision shall be null and void.
Counterparts. These Terms may be executed in counterparts each of which shall be deemed an original but all of which shall constitute one and the same instrument.
Survival. Any terms or provisions in these Terms that are reasonably expected to survive termination of the Terms shall so survive and shall be deemed valid and enforceable regardless of the date and reason of termination of these Terms.
USER HAS READ THESE TERMS AND AGREES TO BE BOUND HEREBY. BY USING THE SERVICES, USER REPRESENTS THAT IT HAS AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS AND BIND ITSELF HERETO.