Terms of Use

App and Website Terms

“Skorch” refers to Skorch LLC, a California limited liability company.

DISCLAIMER – TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use apply to you when you view, access or otherwise use the Skorch application (available for iOS here) (the “App”) and the web site located at https://www.getskorch.com/ (the “Site,” and, together with the App, “Skorch Media”). Skorch Media is owned by Skorch LLC (“Skorch,” “we” and “us”). We grant you a nonexclusive, nontransferable, limited right to access, use and display Skorch Media and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.

1. Eligibility. You must be at least 13 years old to use Skorch. You agree that you are responsible for all data charges you incur through use of Skorch.

2. Privacy. Your use of Skorch Media constitutes your consent to Skorch’s Privacy Policy posted from time to time on Skorch Media.

3. Copyright Notice. All materials and software published on or used on Skorch Media are protected by copyright, and are owned or controlled by or licensed to Skorch, or the party listed as the provider of the materials or software. Skorch Media includes, but is not limited to, visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of businesses, restaurants, venues, locations, stores, hotels, other establishments, attractions, events, user-provided content and other content), computer code, products, software, aggregate ratings, and all other elements and components. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on Skorch Media only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:

4. Commercial Use of Skorch Site and App Materials and Screen Shots. Reproduction, copying, or redistribution of materials on Skorch Media for commercial purposes is prohibited without the express written permission of Skorch. Any use, reproduction, or distribution of material on Skorch Media which constitutes the personal information, property, or photograph or other depiction of any particular Skorch employee may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual employee. To obtain permission to copy portions of this site, please send email to admin@getskorch.com and provide the following information in the body of the email:

the content you wish to use;
where, when and how it will be used (for example, a seminar, newsletter or news article);
where and how copies will be distributed and to what audience;
how many copies will be produced and distributed;
what other materials will be associated with the Skorch content; and
your name, title, company, address, email address and phone number.

We will evaluate and, as necessary, respond to your request as soon as possible. Skorch reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on Skorch Media.

5. User Provided Content. Subject to these Terms and Conditions of Use, Skorch allows you to post real-time reviews of places, (collectively, “Your Skorch Content”) including photos, comments, ratings and descriptions. You certify that you own all intellectual property rights in Your Skorch Content. Skorch will treat such content posted or transmitted by you as non-confidential and non-proprietary information. Upon posting Your Skorch Content on or through Skorch Media, you grant Skorch and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, cache, display, reproduce, collect, tabulate, modify, create derivative works, perform, and distribute Your Skorch Content solely for the purposes of operating, promoting, developing, providing, and using Skorch Media. Nothing in these Terms and Conditions of Use shall restrict other legal rights Skorch may have to your content. You understand that Your Skorch Content is temporary, and agree that you will not rely on Skorch Media for the purposes of content backup or storage.

We reserve the right, but not the responsibility, to remove or modify your content for any reason. We further reserve the right to refuse access to, terminate, modify or suspend any user, for any reason, without notice, and without liability, at any time. Following termination or deactivation of your use, your content may be retained by Skorch and its users.

Skorch does not accept or consider ideas, suggestions or other materials other than ideas, suggestions or other materials that we have specifically solicited. Ideas, suggestions or other materials that we have specifically solicited are subject to additional terms, conditions and requirements. Skorch takes no responsibility for any ideas, suggestions or other materials transmitted despite our policy. If you choose to offer ideas, suggestions or other materials, you understand that Skorch is free to use any such ideas, suggestions or other materials without any liability or compensation to you. You assume all risks associated with Your Skorch Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You may not imply that Your Skorch Content is in any way sponsored or endorsed by Skorch. Your Skorch Content does not necessarily reflect the opinion of Skorch.

6. DMCA Takedown Policy. Skorch respects the intellectual property rights of others. Per the Digital Millennium Copyright Act ("DMCA"), Skorch will respond expeditiously to claims of copyright infringement on Skorch Media if submitted to Skorch's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Skorch will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by Skorch or by a third party who has uploaded materials to Skorch Media, please provide the following information to the designated Copyright Agent listed below:

a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on Skorch Media;
an address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Skorch, can contact you;
a statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
your electronic or physical signature.

Skorch may request additional information before removing any allegedly infringing material. In the event Skorch removes the allegedly infringing materials, Skorch will immediately notify the person responsible for posting such materials that Skorch removed or disabled access to the materials. Skorch may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. § 512(c), Skorch’s designated Copyright Agent is:

Skorch Copyright Agent

(424) 291-2603

admin@getskorch.com

7. Service Mark Notice. “Skorch,” the Skorch logo and other related marks are service marks of Skorch and are protected by law. They may be used publicly only with permission from Skorch. Fair use of the service marks requires proper acknowledgment. ALL RIGHTS RESERVED.

8. Links to Other Sites and/or Materials. Links may appear on Skorch Media that may be used to link to other Site(s) and/or App(s). These links are provided solely as a courtesy to Skorch Media users. Skorch has no control over the linked Apps and/or Sites, or the materials, information, goods or services available or contained on these linked Apps and/or Sites. Skorch is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked Apps and/or Sites or any privacy or other practices of such linked Apps and/or Sites. If you decide to access any of the linked Apps and/or Sites, you do so entirely at your own risk. Skorch reserves the right to terminate any link at any time.

9. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the App or the Site in any way, including, without limitation, transmitting a virus, spyware, worm, overloading, or spamming. Unauthorized use or modification of any information stored on Skorch Media may result in criminal and/or civil prosecution under Federal, State and local law. You may not use Skorch Media for anything other than a lawful and legitimate purpose. You agree not to use Skorch Media to carry out any unauthorized alteration of any data or information on Skorch Media or to conduct any activity, including posting private or confidential information, that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on Skorch Media. Skorch Media is not intended for use by anyone under the age of 13 in the United States and by anyone under the age of 16 outside of the United States. We reserve the right to limit or deny your access to Skorch Media or take other appropriate action if you violate (or help or encourage others to violate) any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, harassing, abusive or potentially harmful or malicious.

You may not impersonate others or provide inaccurate information. You do not have to disclose your identity to others on Skorch, but you must provide us with accurate and up to date information. Also, you may not impersonate someone you aren't, you cannot create an account for someone else unless you have their express permission, and you cannot create multiple accounts or register with fake email addresses.

You may not attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

You may not use a domain name or URL in your username without our prior written consent.

You may not post nude, partially nude, sexually suggestive, pornographic, profane, discriminatory, hateful, violent, defamatory, infringing, invasive, harassing, humiliating, abusive, threatening, intimidating, inaccurate, private, libelous, proprietary, confidential, fraudulent or misleading content on Skorch.

You must not post unsolicited, unwanted, or harassing, communication or advertising (Collectively, "Spam") to Skorch.

You may report objectionable content directly from Skorch by tapping the “...” graphic on the post you’d like to report. If the reported content is in violation of these Terms and Conditions of Use, it will be removed in a timely manner.

You may not attempt to access Skorch's private API.

Skorch prohibits crawling, harvesting, scraping, caching. Skorch prohibits the accessing or posting of content via automation, and creating accounts in unauthorized ways.

10. Modification of Terms and Conditions of Use. Skorch reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of Skorch Media constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

11. Email May Not Be Used to Provide Notice. Communications made through Skorch Media’s email and messaging systems shall in no way be deemed to constitute legal notice to Skorch or any of its officers, employees, agents or representatives, such as where notice to Skorch is required by contract, or any federal, state or local laws, rules or regulations.

12. Disclaimer; Limitation of Damages; Rights; Indemnification.

(a) Skorch expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access Skorch Media as a result of your use of Skorch Media, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of Skorch Media. SKORCH MEDIA IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SKORCH MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF SKORCH MEDIA WILL BE UNINTERRUPTED OR ERROR FREE.

(b) We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. Skorch does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly.

(c) SKORCH MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON SKORCH MEDIA OR THAT OFFER GOODS OR SERVICES THROUGH SKORCH MEDIA, OR SKORCH MEDIA’S USERS. ACCORDINGLY, SKORCH IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON SKORCH MEDIA. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH SKORCH MEDIA IS AT YOUR OWN DISCRETION AND RISK.

(d) Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") 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, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

(e) USE OF SKORCH MEDIAS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF SKORCH MEDIA.

(f) If any aspect of this agreement is unenforceable, the rest will remain in effect.

(g) Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

(h) We reserve all rights not expressly granted to you.

(i) This agreement does not give rights to any third parties.

(j) You cannot transfer your rights or obligations under this agreement without our consent.

(k) Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

(l) You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

13. Applicable Laws; Venue. Skorch operates Skorch Media from its offices in California and makes no representations that materials in Skorch Media are appropriate or available for use in other locations. The display of Skorch Media alone does not subject Skorch to any specific jurisdiction. Access to Skorch Media from any territory where the content is illegal is prohibited. If you choose to access Skorch Media from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of Skorch Media materials in violation of U.S. export laws and regulations. Any claim related to the use of Skorch Media or to Skorch Media materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of Skorch Media shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing or use of Skorch Media constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.