These Terms of Service govern your access to and use of Skorch. By accessing or using Skorch, you agree to be bound by these TOS. If you do not agree to all of these Terms, do not access or use Skorch. Violation of these TOS may result in suspension or termination of your Skorch account.
Basic Terms, Rights and Responsibilities
You must be at least 12 years old to use Skorch.
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 understand and agree that you are responsible for any activity that occurs through your account, and Skorch reserves the right to remove content and/or revoke access for any user at any time.
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 our TOS, it will be removed in a timely manner.
Skorch does not claim ownership of any content that you post. You understand that you own the content you post to Skorch, (collectively, "Your Skorch Content") and you hereby 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.
By using Skorch, you agree to indemnify and hold harmless Skorch, its owners, and its operators, from any and all liability arising from your use of Skorch.
You agree that you are responsible for all data charges you incur through use of Skorch.
You may not attempt to access Skorch's private API.
Skorch contains content owned or licensed by Skorch (collectively, “Skorch Content”). Skorch Content is protected by copyright, trademark, patent, trade secret and other laws. Skorch owns and retains all rights in the Skorch Content and the Skorch service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Skorch Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Skorch Content.
- The Skorch name and logo are trademarks of Skorch. These trademarks may not be copied, imitated or used without prior written permission from Skorch. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Skorch, and may not be copied, imitated or used, in whole or in part, without prior written permission from Skorch.
You must not alter, interfere or disrupt Skorch, including, without limitation, transmitting a virus, spyware, worm, overloading, or spamming.
Skorch efforts to protect the security of our service. However, you acknowledge that the Internet and mobile communications may be subject to breaches of security. Please notify us immediately of any compromised or unauthorized use of Skorch.
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.
We reserve the right, in our sole discretion, to change these Terms of Service. You agree that we may notify you of the Updated Terms by posting them on Skorch, and that using Skorch after the effective date constitutes your agreement to the Updated Terms.
Your Skorch Content
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, 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, developing, providing, and using Skorch. Nothing in these TOS shall restrict other legal rights Skorch may have to your content.
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 via or on Skorch.
You must not post unsolicited, unwanted, or harassing, communication or advertising (Collectively, "Spam") to Skorch.
Skorch prohibits crawling, harvesting, scraping, caching. Skorch prohibits the accessing or posting of content via automation.
You may not use Skorch for any illegal or unauthorized purpose under federal, state, local, and provincial laws and regulations. You are solely responsible for your conduct and Your Skorch Content.
You understand that Your Skorch Content is temporary, and agree that you will not rely on Skorch 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.
Governing Law and Jurisdiction
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Skorch, without regard to or application of its conflict of law provisions or your state or country of residence. You hereby agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Los Angeles County, California.
Disclaimers and Limitations of Liability
YOUR USE OF SKORCH IS AT YOUR OWN DISCRETION AND RISK. SKORCH, INCLUDING, WITHOUT LIMITATION, SKORCH CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SKORCH NOR ITS EMPLOYEES OR AFFILIATES (COLLECTIVELY, THE "SKORCH ENTITIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS, WHETHER EXPRESS OR IMPLIED, OF THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES IN THE SKORCH DATABASE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
SKORCH MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. YOU UNDERSTAND THAT THE SKORCH ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE (DIRECT OR INDIRECT) RESULTING FROM: (I) ANY USE OF SKORCH; (II) ANY INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES; (III) YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE DATABASE OF PLACES, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH SKORCH; OR (IV) THE PERFORMANCE OR NON-PERFORMANCE OF ANY OTHER NETWORK OR ENTITY IN CONNECTION WITH SKORCH.
SKORCH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE SKORCH AND SKORCH ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH A BUSINESS IN THE SKORCH DATABASE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES IS AT YOUR OWN DISCRETION AND RISK.
IN NO EVENT SHALL SKORCH BE LIABLE FOR (I) INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF GRIEVANCE WITH SKORCH SHALL BE YOUR DISCONTINUATION OF ACCESS TO SKORCH.
YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SKORCH.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.