Use of Scoir Products
Eligibility to use any of the Products is determined solely in the discretion of Scoir. Scoir reserves the right to refuse access to its Products to anyone at anytime for any reason or for no reason. Any use or access by anyone under the age of 13 or, for citizens of countries within the European Union, under the age of 16 without parental consent, is prohibited. By creating a Scoir account, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products only in compliance with, and subject to, these Terms, our Policies and all applicable laws. When you create a Scoir account, you must provide us with accurate, current and complete information. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and that these Terms will apply to such upgrades.
Translation: Anyone who is at least 13 years old (16 years old for EU citizens) can use Scoir but we reserve the right to refuse service to anyone, especially if we don’t think you are who you say your are or if we think you’re using Scoir inappropriately.
Scoir allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products and which does not contain personally identifiable information or education records is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post on our Products.
You grant Scoir and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Scoir solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights Scoir may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our Policies.
Following termination or deactivation of your account, or if you remove any User Content from the Products, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Scoir and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Products.
Translation: If you post content on Scoir, it still belongs to you but we can show it to people and others can re-pin it. Copies of content shared with others may remain even after you delete the content from your account.
Because we care about the authenticity of work posted on or accessible via our Products, Scoir has adopted and implemented a comprehensive copyright policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
While we care greatly about security and strive to protect your account information and your User Content, Scoir cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If you suspect any compromise or unauthorized use of your account, please notify us immediately.
Please follow these tips to increase the security of your account:
Translation: Help us in the fight against spammers and hacker by taking some basic security precautions.
Third-Party Links, Sites, and Services
Our Products may provide, or User Content may include, links to third-party websites, content or services. Because we have no control over such third-party websites, you acknowledge and agree that Scoir is not responsible for the availability of such third-party websites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites. If you access third-party websites accessible through links from our Products, you do so at your own risk and bear the responsibility of familiarizing yourself with the privacy policies and terms of services of such third-party websites.
Translation: Some Notes and other webpages link to content off of Scoir, most of which is useful stuff, but we’re not responsible when it’s not.
We value hearing from our users and are always interested in learning about ways we can make Scoir a better experience and more useful resource for you. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Scoir does not waive any rights to use similar or related feedback previously known to Scoir, or developed by its employees, or obtained from sources other than you.
Translation: Your ideas and opinions matter to us but, if we incorporate any feedback you provide us, we don’t owe you anything for it.
Disclaimer of Warranties
The Products, including, without limitation, all services, User Content, functions and materials thereon, are provided on an “as is,” “as available” basis without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, correctness, precision, thoroughness, completeness or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We make no warranty that the Products will meet your requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Products shall create any warranty not expressly made herein. Scoir assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Products or your downloading of any materials, data, text, images, video, or audio from the Products. Scoir also takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Translation: Unfortunately, people sometimes post bad and/or inaccurate stuff on user-generated content sites like Scoir. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SCOIR, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES“) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE PRODUCTS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION OR SERVICES VIA THE PRODUCTS, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONDUCT OF OR CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR THIRD-PARTY ON OR THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFESIVE OR ILLEGAL USER CONTENT). IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE LESSER OF (A) THE AMOUNT PAID BY YOU TO SCOIR FOR YOUR USE OF THE PRODUCTS AND (B) ONE HUNDRED U.S. DOLLARS.
Translation: We are trying to create the best services possible but we can’t promise it will be perfect and we’re not liable for various things that might occur.
You agree to indemnify and hold harmless Scoir, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Translation: If you use our services in ways you’re not supposed to, you can’t sue us for any problems it causes. If we are sued because of something you do on Scoir, you have to pay our costs and cooperate with us in any defense.
Amendments and Modifications
Scoir reserves the right to amend, from time to time, these Terms or our Policies. We reserve the right to determine the means and form of providing notice to you of any revisions to these Terms and Policies. By using the Products, you agree to electronically receive legal notices from us if we so choose. Notwithstanding the foregoing, the current and most recent version of these Terms and Policies will always be posted on our website. By continuing to access and use the Products after any such revised Terms or Policies become effective, you agree to accept the revised Terms and Policies.
Translation: Things change. We’ll never hide the Ts & Cs of our agreements with you and, if we make any major changes, we’ll do our best to make you aware of them.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scoir without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms and our Policies, together, constitute the entire agreement between you and Scoir with respect to the Products and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Scoir with respect to the Products.
In the event any section or portion of any section of these Terms shall be determined to be invalid or unenforceable for any reason, such invalidity of unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable sections hereof, and the invalid or unenforceable section or portion shall be deemed amended only to the minimum extent necessary to make such section or portion enforceable and compatible with the remaining Terms and, if such portion cannot be so amended, these Terms will be construed as if such invalid or unenforceable section or portion had not been inserted.
No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Scoir’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event of any dispute that might arise between you and Scoir, you agree to first notify us and attempt to resolve the dispute with us reasonably and informally. If Scoir is unable to informally resolve your dispute to your full satisfaction, we each agree to resolve any remaining claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA“) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Scoir agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Products. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SCOIR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its principle of conflicts of laws. Each party hereto hereby irrevocably and unconditionally consents to the submission of any dispute arising hereunder to the federal or state courts located in Wilmington, Delaware with respect to any matter arising under or relating to these Terms.
Translation: These are provisions found in just about every commercial contract. Simply put, the terms are the terms and they are between you and us. If we come to any disagreement, let’s try to deal with it in a mature and reasonable manner.
5/29/18: Updated terms to comply with the EU's General Data Protection Regulation (GDPR), including notice that citizens of EU countries under the age of 16 should not use Scoir with parental consent.
6/12/17: Clarified the specifications of "User Content"