TERMS OF USE

These Terms of Use apply to the websites and mobile applications owned and operated by Mandown Group Inc. (doing business as and referred to herein as “Social Scavenger”). The websites and mobile applications owned and operated by Social Scavenger are referred to herein collectively as the “Service”. Social Scavenger is a Canadian company with a registered office at #165 - 215 Spadina Avenue, Toronto, ON, M5T 2C7, Canada. When used herein the terms “we”, “us”, and “our” refer to Social Scavenger.

By accessing and using the Service you agree to be bound by these Terms of Use. Specific rules may apply to certain sections or elements of the Service, such as a specific mobile application, and you hereby agree to be bound by such rules in addition to these Terms of Use. Your access and use of the Service is also subject to our Privacy Policy.

We reserve the right, at any time, to modify, alter, or update these Terms of Use. We will notify you of material changes by a prominent notice on socialscavenger.com prior to such material change becoming effective. Your continued use of the Service following such notification shall constitute your acceptance of the revised Terms of Use. If you do not agree to any such changes you must immediately cease using the Service. We encourage you to periodically review this page for the latest information on our Terms of Use.

Registration

You agree to provide true, accurate, current and complete information about yourself as prompted by any registration, application or enrolment form utilized by the Service. You must maintain and promptly update the information you provide to keep it true, accurate, current and complete.

You represent and warrant that you are at least 18 years old or that if you are under 18 years old, your use of the Service is with the consent of your parent or legal guardian. You agree that you may use the Service for personal purposes only and not for any business, commercial or other use.

You may register for the Service only through Facebook or Twitter Connect. When you register through Facebook or Twitter Connect, your Facebook or Twitter login credentials will be used to open and access your account with us.

You are responsible for keeping your Facebook and Twitter login credentials confidential. We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization.

You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Submissions

For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by you is collectively referred to as, your “submissions”. We may use your submissions in a number of different ways in connection with the Service, including but not limited to, publicly displaying them, reformatting them, incorporating them into marketing materials, advertisements and other works, creating derivative works from them, promoting them, distributing them, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By making submissions through the Service, you hereby grant and agree to grant to us a worldwide, non-exclusive, royalty-free, fully paid and transferable license to use, copy, edit, modify, reproduce, distribute, sublicense, prepare derivative works of, display, perform, and otherwise fully exploit your submissions in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby grant and agree to grant to each user of the Service, including Third Party Media, a non-exclusive license to access your submissions, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such submissions in connection with their use of the Service and Third Party Media.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such Content originated; that we will not be liable for any errors or omissions in any Content; and that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Prohibited Conduct

You shall not upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by us in our sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
  • involves commercial activities (whether or not for profit) and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information;
  • impersonates any person or entity;
  • includes anyone's identification documents or sensitive financial information; and
  • breaches our Privacy Policy and/or any of the other policies and rules incorporated herein.

You shall not:

  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • run any form of auto-responder or “spam” on the Service;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Service;
  • harvest or scrape any Content from the Service;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Content located on the Service;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget);
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; and
  • otherwise take any action in violation of our guidelines and policies.
Ownership and Intellectual Property

The Service and all Content displayed or otherwise accessible through the Service, other than your submissions, are owned or licensed by us and are protected under Canadian and foreign copyright laws and referred to herein as our Content. You are not granted any right, title, interest or other license in or to our Content. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of our Content, including without limitation, by caching, framing, deep-linking or similar means, without our prior written consent.

Social Scavenger is a trademark of Mandown Group Inc. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on or through the Service may be registered or unregistered trademarks of third parties. Any use of any trademarks appearing on or through the Service without the express written consent of its owner of strictly prohibited.

Termination or Suspension of Service

We may at any time, without notice, in our sole discretion and without cause, terminate and/or suspend your right to access or use the Service (or any portion thereof), including for reason of your breach of these Terms of Use.

Assumption of Risk and Release

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GAMES PROVIDED BY US THROUGH THE SERVICE CONTAIN CERTAIN CHALLENGES THAT YOU MUST COMPLETE IN ORDER TO PARTICIPATE. IN SOME CASES THE CHALLENGES ARE SUBMITTED BY USERS AND THIRD PARTIES AND WE DO NOT EXERCISE EDITORIAL CONTROL OVER THEIR SUBMISSIONS. BY PARTICIPATING IN A GAME THAT WE OFFER, YOU ACCEPT ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH COMPLETING ANY CHALLENGE. DO NOT PARTICIPATE IN ANY CHALLENGE THAT MAY IN ANY WAY CREATE A RISK OF INJURY, DEATH OR PROPERTY DAMAGE. YOU HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE SOCIAL SCAVENGER, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS, IN CONNECTION WITH ANY INJURY TO THE PERSON, PROPERTY DAMAGE OR DEATH OF ANY PERSON ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN A GAME OR CHALLENGE OFFERED BY SOCIAL SCAVENGER.

Disclaimer

THE SERVICE AND ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

IN NO EVENT SHALL SOCIAL SCAVENGER, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Social Scavenger, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

Third-Party Sites

Any third-party websites linked to or from the Service may have different terms and conditions. We have no control over such third-party websites. You should carefully review these other websites' terms and conditions in order to determine how each website may use any personal information you provide. These Terms of Use are no longer applicable when you leave our Service by way of link. If you decide to access or use any linked website or content, materials, software, goods or services from a linked website, you do so entirely at your own risk.

Governing law and Disputes

These Terms of Use and your use of the Service is governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and us shall be determined by final and binding arbitration, with no right of appeal, even on questions of law. Such arbitration will be conducted in Toronto, Ontario, Canada in the English language pursuant to the National Arbitration Rules of the ADR Institute of Canada. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of the Province of Ontario.

Entire Agreement, Waiver and Severability

This Agreement, together with any applicable transaction request and confirmation, constitute the entire agreement between you and us with respect to your use of the Service and supersede all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. No modification, amendment or waiver of these Terms of Use shall be effective or binding unless made in writing and signed by us. If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

These Terms of Use were last updated on March 16, 2012

All rights reserved. Copyright © 2012. Unauthorized distribution, transmission or republication strictly prohibited.