Last revised on April 11, 2020
Welcome to Scapade (“us,” “we,” the “Company” or “Scapade”).
In this page you can find the following information:
4. Modifying the Services and Termination
5. Safety and your Interactions with Other Users
10.2. Scapade Online Purchases
11. Notice and Procedure for Making Claims of Copyright Infringement
15. Arbitration, Class-Action Waiver, and Jury Waiver
19. Entire Agreement; Miscellaneous
We may make changes to this Agreement at any time. In case important changes take place, you will be notified by us.
To create an account on Scapade you have to be at least 18 years of age and be able to legally form a binding contract.
You are not allowed to create an account if you are legally barred from using Scapade, you have been convicted of a felony or have to register as a sex offender.
If you think someone has gained access to your account, please immediately contact firstname.lastname@example.org.
You cannot transfer your Scapade account. Your rights to your account and its content terminate upon your death.
Modifying the Services and Termination
We may add new product features or enhancements or even remove some features from time to time. If these changes affect your rights or obligations in a significant way, we will inform you previously.
If we have to suspend the Service entirely, you will also be notified in advance, unless we are prevented from doing so.
You can terminate your account at any time, by following the instructions in Settings in the Service. However, in app purchases have to be managed through your mobile device platform (e.g., iTunes, Google Play).
We may terminate your account at any time without notice if we believe you have violated this Agreement. If this happens, you will not be entitled to any refund for purchases.
After your account is terminated, the following provisions will still apply to you and Scapade: Section 5, Section 6, and Sections 13 through 19.
Safety and your Interactions with Other Users
We encourage you to be respectful to others, however, we are not responsible for the conduct of other users on or of the Service.
You agree to use caution in all interactions in the Service and, specially, if you decide to communicate or meet with other users off the Service.
Do not provide your financial information (e.g. your credit card or bank account) information, wire or send money to other users.
Please read Scapade’s Safety Tips prior to using the Service.
Rights Scapade Grants You
Scapade grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by Scapade and permitted by this Agreement.
Therefore, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Scapade’s prior written consent.
express or imply that any statements you make are endorsed by Scapade.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents
use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Services.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without Scapade’s prior written authorization.
use meta tags or code or other devices containing any reference to Scapade or the Service (or any trademark, trade name, service mark, logo or slogan of Scapade) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
use, access, or publish the Scapade application programming interface without our written consent.
probe, scan or test the vulnerability of our Services or any system or network.
encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
Rights you Grant Scapade
By creating an account, you grant to Scapade a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from your social media account, as well as any information you post, upload, display or otherwise make available (“post”) on the Service or transmit to other users (“Content”).
Our license to your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.
We may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
Scapade may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
By using the Services, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, harass or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account.
create another account if we have already terminated your account, unless you have our permission.
Scapade may investigate and/or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that we consider inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
Other Users’ Content
The Content posted in the Service is the sole responsibility of the user who posted it. We reserve the right to review and remove Content that violates this Agreement.
If you see Content on the Services that violates this Agreement, please report it within the Services or via email@example.com.
Modifying the Services and Termination
From time to time, Scapade may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Scapade (each, a “Software Store”).
If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live.
If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. The subscription is renewed automatically. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have deleted your account with us or if you have deleted the Scapade application from your device.
Deleting your account on Scapade or deleting the Scapade application from your device does not cancel your subscription. Scapade will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
Scapade Online Purchases
If you choose to make a purchase through Scapade Online, you agree to pay Scapade all charges at the prices displayed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Scapade to charge your chosen payment provider (your “Payment Method”).
If you purchase a subscription through Scapade Online, your subscription will be automatically renewed indefinitely until cancelled by you. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “My Profile” on Scapade Online and follow the instructions.
You may edit your Payment Method information by visiting Scapade Online and going to “My Profile.”The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at firstname.lastname@example.org.
Scapade will terminate the accounts of repeat infringers.
SCAPADE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SCAPADE DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
SCAPADE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. We are not responsible for the availability (or lack of availability) of such external websites or resources.If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Scapade is not responsible or liable for such third parties’ terms or actions.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCAPADE, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF SCAPADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SCAPADE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SCAPADE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Arbitration, Class-Action Waiver, and Jury Waiver
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
A The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
B By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
C Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the courts located in the Netherlands. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
D This Agreement, and any dispute between you and the Company, shall be governed by the laws of the Netherlands without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
E The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Scapade does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
These terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in The Netherlands.
If you reside outside the EU or EEA, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the courts of the Netherlands., and you and Scapade consent to personal jurisdiction in those courts. If you reside in the EU or EEA, the venue is regulated by the applicable laws.
Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Scapade, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
Entire Agreement; Miscellaneous
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Scapade in any manner.