Terms of Use
Effective January 15, 2017
I. Introduction and Eligibility
Please read these Terms of Use (“Terms”) carefully before using the Skale Service.
These Terms include Skale’s Privacy Policy, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Services means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and Skale Company and its affiliates and subsidiaries (“Skale,” “we,” “us”). “You” and “users” shall mean all visitors to the Skale Service. You accept these Terms each time you access the Skale Service. If you do not accept these Terms, you must not use the Skale Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Skale Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Skale Service after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Skale Service.
II. The Skale Service
The “Skale Service” means any websites, mobile applications, and other services under the control of Skale Company, whether partial or otherwise, in connection with providing an online or digital platform for Skale’s services, including www.skaleco.com. The Skale Service provides the community with a destination to share, learn and discover the best there is in food for you.
Personal Information Collection. You may register to use the Skale Service. To register, you may need to provide Personal Information, such as your name, email address, zip code, gender, and birthday. You may also provide other optional profile information such as your profile photo and the city and state where you reside. Some of this information, for example, your name, username, profile photo and the city and state where you reside, may be listed publicly on our Services, including on your profile page and in search results. We do not consider the information we may learn from your use of the Skale Service to be Personal Information unless the data is combined with Personal Information.
Skale does not give medical advice.
Medical Advice. Skale does not give medical advice. The information and materials available through the Skale Service are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Personal information in your account may not always be accurate, complete, or up-to-date and should be used for informational purposes only. You assume full risk and responsibility for the use of information you obtain from or through the Skale Service. In addition, Skale does not recommend or endorse any provider of health care or health-related products, items, or services, even if other Skale users make recommendations and endorsements.
Privacy and Confidentiality. Skale protects information it receives in conformance with its privacy policy and obligations to businesses with which it may have contractual relationships.
Permission to Use the Site. We grant you permission to use the Skale Service subject to the restrictions in these Terms. Your use of the Skale Service is at your own risk, including the risk that you might be exposed to User Content (as defined below) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
III. Children Are Not Eligible to Use the Skale Service
Children. No part of the Skale Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
IV. Your Account
You may browse the application and view Content without registering, but as a condition to using certain aspects of the Service and as a condition of using the Skale website, you are required to register with Skale and represent, warrant and covenant that you provide Skale with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date.
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Skale Service.
You represent and warrant that the information you provide to Skale upon the licensing of the Skale Service and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Skale Service, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Skale Service and to preserve the confidentiality of your username and password, and any device that you use to access the Skale Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Skale by e-mail to support@skaleco.com. You will be solely responsible for the losses incurred by Skale and others due to any unauthorized use of your account.
V. Communications
Skale may communicate with you by email or posting notice on the Skale Service. You may request that we provide notice of security breaches in writing.
You agree that we may provide notices to you via banners on the Service, or an email sent to an address you provided, or through other means. You agree to keep your contact information up to date. If the contact information you provide isn't up to date, you may miss out on these notices.
Please review your settings regularly to control and limit what kind of messages you receive from us.
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Text Messages from the Services. By providing Skale your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive commercial text messages at that number as requested. We may charge for text messaging services, and standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting STOP in reply to text messages from the Services. You may also be able to change your text message preferences using the Services.
We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. Skale is not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Electronic Notices. By using the Skale Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Skale Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Skale Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@skaleco.com.
VI. Skale’s Content Ownership and Use
Skale owns or has rights to all of the content we make available through the Skale Service, but you may use it as you use the Skale Service. You cannot use our logo without our written permission.
The contents of the Skale Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Skale content (collectively, “Skale Content”). All Skale Content and the compilation (meaning the collection, arrangement, and assembly) of all Skale Content are the property of Skale or its licensors and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by Skale, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Skale Service or the Skale Content, in whole or in part. You agree that you will not share your user credentials except as specifically authorized by Skale in writing.
License to You. Subject to these Terms, we authorize you to access and use the Skale Service and the Skale Content solely for personal use, defined at our discretion, and use of any data mining, robots, scraping, or similar data gathering or extraction methods is not permitted. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Skale Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Skale Content on any copy you make of the Skale Content.
Skale Marks. Skale, the Skale logo, and other Skale logos and product and service names are or may be trademarks of Skale (the “Skale Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Skale Marks.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Skale cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, prices, any location information, food spottings, videos, comments, likes, ratings, information and data generated, provided, or otherwise made accessible by Skale on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Submissions."
VII. Intellectual Property Rights and Your License to Use
You, or the people who allow you to use their content, own all of the content you post using the Skale Service. However, aside from Personal Information, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Skale Claims No Ownership. The Skale Service may provide you with the ability to create, post, or share content (“Your User Content”). Skale claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Skale Service. You are responsible for protecting those rights.
Skale’s Use of Posted Content on the Skale Service. By creating, posting, or sharing Your User Content on or through the Skale Service, and subject to Skale’s Privacy Policy, you grant Skale a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display Your User Content for any purpose without compensation to you, including for the purpose of promoting Skale and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. Copies of Your User Content may persist in backup files for a period of time, but will not be available to others. Skale reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Skale Service, any right, title, or interest in or to such content delivered via the Skale Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Skale Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Skale Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Skale Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Skale Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Skale Service contains content from users and other Skale licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Skale Service.
Deleted Content. When you delete your Posted Content, they will be removed from the Service. However, you understand that any removed Posted Content may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your Posted Content.
VIII. Copyright Policy
Tell us if you think a user has violated your copyright using the Skale Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Skale Service infringe your copyright, you (or your agent) may send Skale a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Skale Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Skale to locate the material on the Skale Service;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Skale a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices with respect to the Skale Service should be sent to Skale Company, 100 South Commons, Suite 102, Pittsburgh, PA 15212 (support@skaleco.com). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
IX. Suggestions and Submissions
We appreciate your comments, and if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Skale Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
own, exclusively, all now known or later discovered rights to the creative ideas;
not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
X. User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Skale Service or content available on the Skale Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users, including but not limited to comments, “likes,” status updates, user activity, photos, and user-to-user messages (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Skale Service you accept the risk that you might be exposed to User Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Skale Service. Skale does not endorse any, nor is it responsible for, User Content on the Skale Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Skale Service, try to break it, or steal our hard work.
You agree to use the Skale Service only for its intended purpose. You must use the Skale Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Skale Service are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Skale Service, user accounts, or the technology and equipment supporting the Skale Service;
frame or link to the Skale Service without permission;
use data mining, robots, or other data gathering devices on or through the Skale Service;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful;
disclose personal information about another person;
harass, threaten, stalk, abuse, or post objectionable User Content;
sell, transfer, or assign any of your rights to use the Skale Service to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the Skale Service in an illegal way or to commit an illegal act in relation to the Skale Service or that otherwise results in fines, penalties, and other liability to Skale or others; or
use the Skale Service in an offensive, vulgar or obscene manner;
access the Skale Service from a jurisdiction where it is illegal or unauthorized.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, 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, or is otherwise inappropriate as determined by Skale in its sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without Skale's 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 of Skale or any third party;
impersonates any person or entity, including any employee or representative of Skale; or
includes anyone's identification documents or sensitive financial information.
Skale has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
XI. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Skale Service.
We reserve the right to suspend or terminate your account and prevent access to the Skale Service for any reason, at our discretion. We reserve the right to refuse to provide the Skale Service to you in the future. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Skale may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Skale Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Skale Service.
XII. Skale’s Liability
We are not liable for the actions of users when they use the Skale Service. We may also change the Skale Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Skale Service or other websites.
Changes to the Skale Service. We may change, suspend, or discontinue any aspect of the Skale Service at any time, including hours of operation or availability of the Skale Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Skale Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Skale of all claims, demands, and damages in disputes among users of the Skale Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Skale Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Skale Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Skale Service. Use the Skale Service at your own risk.
Third-Party Websites. The Skale Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability.
We make no promises and disclaim all liability of specific results from the use of the Skale Service.
Released Parties Defined. “Released Parties” include Skale and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Skale Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Skale Service. If you use the Skale Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF SKALE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Skale Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIII. General Terms
These Terms constitute the entire agreement between you and Skale concerning your use of the Skale Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. The English-language versions of the Terms and incorporated agreements, such as the Privacy Policy, contain the binding terms, and any translations into other languages are for convenience only. If the English-language version conflicts with any translation, the English-language version controls.
XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in Pennsylvania, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Skale Service.
These Terms and the relationship between you and Skale shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree to first contact Skale at support@skaleco.com regarding any claim or controversy arising out of or relating to these Terms of Use or your use of the Skale Service. You and Skale agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Skale Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Pittsburgh, Pennsylvania. You covenant not to sue Skale in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that Skale may recover reasonable attorneys’ fees from you if Skale prevails in an action for injunctive relief against you.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Skale Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Privacy Policy
This Privacy Policy is incorporated by reference into Skale’s Terms of Use. The term “Skale,” “we,” and “us” includes Skale Company and our affiliates and subsidiaries. The Privacy Policy explains how Skale may:
collect,
use, and
disclose
information we obtain through the “Skale Service.”
The “Skale Service” means any websites, mobile applications, and other services under the control of Skale Company, whether partial or otherwise, in connection with providing an online or digital platform for Skale’s services, including www.skaleco.com. The Skale Service provides a platform that gives you the ability to store and track your own Personal Information, including certain health-related information.
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: your name, username, email address, phone number, or the city and state where you reside. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
“Your User Content” means the information that you may post, submit, upload, publish, display, transmit, or otherwise share through the Skale Service, including but not limited to data, text, files, software, sound, photos, videos, graphics, artwork, ideas, opinions, status updates, comments, and “likes.” We do not consider Your User Content to be Personal Information.
THE SKALE SERVICE COLLECTS YOUR INFORMATION
We collect Personal Information when you:
register to use the Skale Service;
connect your social media account;
use the Skale Service; and
communicate with us.
We and third parties that provide functionality on the Skale Service collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Skale Service. This information may be used to improve the quality of the Skale Service and provide relevant advertisements.
Personal Information Collection. You may register to use the Skale Service. To register, you may need to provide Personal Information, such as your name, email address, zip code, gender, and birthday. You may also provide other optional profile information such as your profile photo and the city and state where you reside. Some of this information, for example, your name, username, profile photo and the city and state where you reside may be listed publicly on our Services, including on your profile page and in search results. We do not consider the information we may learn from your use of the Skale Service to be Personal Information unless the data is combined with Personal Information.
Modifying Your Personal Information. If you are a registered user of our Services, we provide you with tools and account settings to access or modify the Personal Information you provided to us and associated with your account.
Location Information: You may choose to add your location in your User Content. We may use and store information about your location as provided to provide features of our Services, such as creating lists of availability of certain food.
Social Media Connection. We collect Personal Information from social media websites, such as Facebook, Instagram, or Twitter, when you connect to your Skale account using your social media account. For example, when you log in with your Facebook credentials, we may collect Personal Information from Facebook, such as your email address, profile picture, and friend list.
Using the Skale Service. We collect information from you as you use the Skale Service. For example, you may also be able to post photographs to your activity feed.
Customer Support. We may collect Personal Information through your communications with our customer-support team.
Location Information from Your Mobile Device. We may collect and store your location information if you enable your mobile device to send it to us. Collection of this information may improve the provision of the Skale Service. This location information is stored only in anonymized form and is not associated with you.
Cookies, Automatic Data Collection, and Related Technologies. When you visit the Skale Service, we and third parties that provide certain functionality on the Skale Service, such as Facebook, Twitter, Google, and ad networks may engage, receive and record information from Skale kiosks and server logs from your browser, including your IP address, and from cookies and similar technology. This information is used to improve the quality of the Skale Service, such as to store your preferences, customize the Skale Service, and provide more relevant advertising. Skale will not share individualized Personal Information for use in advertising and personalization outside of the Skale Service without your permission.
Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Skale Service may not work properly.
By using the Skale Service, you are authorizing us to gather, parse, and retain data related to the provision of the Skale Service.
HOW SKALE USES YOUR INFORMATION
We use Personal Information to:
facilitate and improve our services; and
communicate with you.
We may use information for marketing purposes, but we will not rent, sell, or share Personal Information for third parties to directly market to you.
We may use anonymous and aggregate information for any purpose, including for marketing purposes.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Skale Service. We may use and retain any data we collect to provide and improve our services.
Your User Content Posted to the Skale Service. You may post Your User Content to the Skale Service to document your lifestyle, interact with other users, and for Skale to provide information about the content you post. For example, you may post a photo of a meal you ate and the friends you were around. When you post Your User Content, our employees and service providers may review them to categorize and add information about them. Your User Content will be publicly available, so do not post any information that you want to keep private.
New Features and Offers. We may add additional features or make available offers from time to time to select partners or other businesses with your permission at the time of such sharing and offer tools to allow you to stop such sharing in the future.
Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
We also may use your Personal Information and other information to communicate with you by email or text message to provide you with information we think may be of interest to you. We will send you text messages only with your consent, and you may opt out of emails by using the opt-out link in an email.
Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
To support the Skale Service, which we provide at no cost to you, we may use data collected through cookies and similar technology to deliver Skale and third-party interest-based advertising to you on and off the Skale Service. We will obtain your permission before we provide individualized data to third-party ad networks to deliver third-party interest-based advertising outside of the Skale Service. Please note, and you agree, that Skale may personalize your experience, including by showing you advertising, on the Skale Service using any data we learn about you.
Aggregate Data. We may anonymize and aggregate data collected through the Skale Service and use it for any purpose. Such information does not identify you individually.
SKALE MAY DISCLOSE YOUR INFORMATION
We may share your information:
with our third-party service providers;
with other users or to social networks, at your direction;
to comply with legal obligations;
to protect and defend our rights and property; and
with your permission.
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may share anonymous Personal Information and other information with third parties for marketing purposes.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Skale Service.
Displaying to Other Users. The content you post to the Skale Service may be displayed to other users on the Skale Service. Other users of the Skale Service also may be able to see some information about you that you have included in your profile, such as your first name, the first initial of your last name, city, state, and profile photo. When you choose to include Personal Information and additional information through your posts and interactions with the community on the Skale Service, this information may be accessible to other users. We are not responsible for privacy practices of the other users who will view and use the posted information.
Social Networking and Other Website Services. The Skale Service may allow you to share information, including Personal Information, with third-party services and social networking websites, such as Facebook, Instagram, and Twitter. We do not share your Personal Information with them unless you direct the Skale Service to share it. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.
We may also disclose your Personal Information with your permission.
SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
By using the Skale Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Skale Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Skale Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@skaleco.com.
CHILDREN’S PRIVACY
We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Skale Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@skaleco.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
INTERNATIONAL USERS
By using the Skale Service, you will transfer data to the United States.
By choosing to visit the Skale Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the Commonwealth of Pennsylvania and the adjudication of any disputes arising in connection with Company or the Skale Service will be in accordance with the Terms of Use.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
If you have any questions or concerns about this Privacy Policy or the use of your information, or to modify or update any information we have received, please contact support@skaleco.com.
Data Retention. We will retain your information for as long as your account is active or as needed to provide you the Skale Service. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Account Deactivation and Deletion. If you no longer desire to use the Skale Service, you may deactivate or delete your account by sending us an email to support@skaleco.com. Deactivating your account puts your account on hold and is the same as you telling us not to delete any information because you might want to reactivate your account at some point in the future. When you delete an account, you are requesting that your account and the information stored therein be permanently deleted from the Skale Service. You should only delete your account if you are sure you never want to reactivate it. Please note, certain data you have provided may continue to exist in aggregate form that cannot be used to identify you.
CHANGES TO OUR PRIVACY POLICY AND PRACTICES
We may revise this Privacy Policy, so review it periodically.
Posting of Revised Privacy Policy. We may update this privacy policy to reflect changes to our information practices. If we make any change in how we use Personal Information we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Skale Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.
Contact Information
Skale Company
224 N. Euclid Avenue, Suite 210
Pittsburgh, PA 15206