1. OUR SERVICES
Welcome to SCAM DETECTOR! Scam Detector is the largest fraud prevention resource in the world and is operated by a full team of professionals providing the best safety measures, along with our world-class partners. We help millions of people around the globe to take conscious consumer choices, for a better life. This Subscriber Agreement (the “Terms”) governs your rights and responsibilities related to SCAM DETECTOR’s services including all of SCAM DETECTOR’s websites, domains, apps, products, services, features and marketing campaigns (the “Services”). When you register to use our Services, you become a “Subscriber.” If you have chosen not to register for our Services, you may still be able to access certain aspects of or made available by our Services as a “Visitor.” By accessing or using our Services, whether as a Subscriber or Visitor, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms as a legally binding contract with SCAM DETECTOR (even if you are using the Services on behalf of a company), so please take a moment to read these legally binding Terms.
If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. The collection, use, and sharing of your personal information is described in our Privacy Policy. Your use of certain Services, may be subject to additional terms, policies, and guidelines (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you on the Services. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
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Throughout these Terms, we use “SCAM DETECTOR”, “we”, “us” and “our” to refer to the companies offering our Services to you. The Services are operated and provided to you by SCAM DETECTOR MEDIA INC., P.O. Box 13, Edmonton Main, Edmonton, AB, T5J 2G9, Canada.
2. SUBSCRIBING
a. Eligibility. You may use our Services only if you can legally form a binding contract with SCAM DETECTOR, and only in compliance with these Terms and all applicable laws. You can’t use the Services if (1) you are a child for whom consent is required to fully use the Services (e.g., as is the case if you are under 13 pursuant to COPPA); (2) you are a registered sex offender in any jurisdiction or are otherwise subject to applicable law, order or legal action barring you from using or accessing an online service that permits use by minor children; (3) we previously disabled your Account for violations of these Terms or other of our Supplemental Terms or policies; (4) our Services are not directed to your geographic territory; or (5) you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.
b. Becoming a Subscriber. When you register to become a Subscriber, you must provide us with accurate and complete information. We reserve the right to reject and terminate any registrations submitted with false or inaccurate registration information, or otherwise submitted in violation of these Terms.
c. Account Types and Access. Subscribers may create, operate, maintain, or otherwise use an account on the Services (“Account(s)”) for personal and/or business use. Each individual is limited to one Account and each business is limited to one Account. You are responsible for maintaining the security of your Account login information and you must keep such login information confidential. You are responsible for all activity that takes place under your Account. You should notify us immediately if you suspect or become aware of any unauthorized use of or access to your Account.
d. Permitted Activities. You may use, access, search, interact with, or otherwise make use of our Services only for the purposes for which they are provided and by the means we make available (such as our website, apps, and APIs), and in each case subject to any Supplemental Terms we provide governing their permitted uses.
3. OUR LICENSE GRANT TO YOU
Subject to your complete and ongoing compliance with these Terms and all applicable guidelines and policies, SCAM DETECTOR hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to access and use the Services as provided herein. The foregoing license grant is not a sale of the Services or any portion thereof, and SCAM DETECTOR retains all of our right, title, and interest in the Services and all copies thereof.
4. RIGHTS YOU GRANT
a. Generally. Some areas of the Services may allow Subscribers to post, publish, submit, upload, transmit, or otherwise make available on the Services content such as information, images, videos, information, comments, recommendations, questions, messages, and other content or information (“Content”) (any such Content that a Subscriber does make available or submit is referred to as “Subscriber Content”). You retain ownership of your Subscriber Content.
b. License Grant to SCAM DETECTOR. You hereby grant to SCAM DETECTOR a non- exclusive, transferable, fully sublicensable (through multiple-tiers), royalty-free, and worldwide license, to host, use, distribute, modify, copy, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of your Subscriber Content. We will exercise our rights in the foregoing license subject to your Account settings, the selections you make when posting your Subscriber Content, and as otherwise described in our Privacy Policy. You represent and warrant that you are the creator and owner of your Subscriber Content, or that you have the necessary licenses, rights, consents and permissions to authorize SCAM DETECTOR to exercise the licenses granted by you in this section in the manner contemplated by these Terms.
c. License Grant to Other Subscribers. You also hereby grant each Subscriber of the Services a non-exclusive license to access your Subscriber Content through the Services and to use, reproduce, distribute, display, and perform such Subscriber Content as permitted through the functionality of the Services and under these Terms.
d. Use of Your Subscriber Content with Sponsored Posts. You give us permission to use your information about your interactions with the Services next to or in connection with ads, offers, and in connection with our efforts to promote sponsored Content we display on the Services, with no additional compensation to you. We may also post and repost information about your interactions with the Services, in different areas of the Services from time to time, including any of your Subscriber Content (such as recommendations) for a business in connection with that business’s other ads and Business Pages on the Services. When doing so, we will use your personal information in accordance with data protection laws and our Privacy Policy.
e. Feedback. We welcome you to share any feedback, suggestions, or ideas you have about SCAM DETECTOR and our Services with us (“Feedback”); You agree that in sharing your Feedback, you hereby grant SCAM DETECTOR an unrestricted, perpetual, irrevocable, non- exclusive, sublicensable, transferable, fully-paid, royalty-free right to use the Feedback as we see fit and in connection with any of our products and services now known or hereinafter developed.
f. Sharing Content. We invite you to share Content from SCAM DETECTOR through our sharing features. Copying, sharing, or redistributing Content by any other means, including through web scraping, is prohibited.
g. Software. Using SCAM DETECTOR may include downloading software to your computer, phone, tablet, or other device. We may require you to accept updates to our Services that you have installed on your computer or mobile device. You acknowledge and agree that we may automatically update that software, and the then-current version of these Terms will apply to any updates.
5. NOTIFICATION PREFERENCES
a. Notifications. By default, you will receive notifications from SCAM DETECTOR related to your use of and interactions with the Services within the Services, to the email address to which your Account is linked, and on your device or browser. You may also opt in to other kinds of notifications. You can change your preferences about receiving messages from SCAM DETECTOR at any time. You can use these preference settings to unsubscribe to certain notifications by email.
6. PROMOTIONS
Any sweepstakes, contests, raffles, games or similar (collectively, “Promotions”) made available through and as part of the Services may have additional terms and conditions. If you participate in any Promotions, please carefully review any Promotion-specific rules as well as our Privacy Policy. If and to the extent those rules conflict with these Terms or the Privacy Policy, the applicable Promotion rules will govern.
7. THIRD-PARTY SITES AND SERVICES
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SCAM DETECTOR. We don’t endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, advertisement, service, or other Content from SCAM DETECTOR, you do so at your own risk. SCAM DETECTOR may not warn you that you are leaving the Services and are subject to the terms and conditions of another website or domain, which is not under the control of SCAM DETECTOR. You agree that SCAM DETECTOR has no liability arising from your use of or access to any third-party website, service, or Content.
8. THIRD-PARTY REFERRALS AND AFFILIATION
Our Services may utilize certain promotion, referral, and/or affiliation links for which we may receive payments for produces or services from third-party websites. SCAM DETECTOR values your opinion of us, and we will not recommend products or services we do not support. In order for SCAM DETECTOR operating at the highest level of quality, we believe this referral model is the best method for our goal of reducing scams on the Internet at no additional costs to you.
9. CHANGES TO OUR SERVICE
We may offer additional Services and product features, or add, change, or discontinue our existing Services and product features at any time and in any region, with or without notice to you. If you are dissatisfied, your sole remedy is to stop using our Services or the affected feature.
10. RESTRICTIONS FROM OUR LICENSORS
Some of the information and Services available through SCAM DETECTOR are licensed from or supported by third parties. These third-party terms and disclosures apply to your use of the Services.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold SCAM DETECTOR and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “SCAM DETECTOR Entities”) harmless from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, made by any third party due to or arising out of any and all of the following (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your violation of any rights of another party; or (e) your interactions and transactions with other Subscribers.
We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of your Account(s), the Terms, and/or your access to the Services.
12. DISCLAIMERS; LIMITATION OF LIABILITY
a. Disclaimers; No Warranties. You understand and agree that to the maximum extent permitted by applicable law your access to and use of the Services or any Content are at your own risk. Our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, with all faults. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCAM DETECTOR ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The SCAM DETECTOR Entities make no warranty or representation and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to computer systems, loss of data, or other harm that results from access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) viruses or other harmful components distributed by the Services; and (v) whether the Services will meet requirements or be available on an uninterrupted, secure, or error-free basis. We can’t guarantee continuous or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. No advice or information, whether oral or written, obtained from the SCAM DETECTOR Entities or through the Services will create any warranty not expressly made herein.
b. Liability Limits. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCAM DETECTOR ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, 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;
We do not warrant or represent:
* the completeness or accuracy of the information published on our website;
* that the material on the website is up to date;
* that the website or any service on the website will remain available.
The websites' ratings on SCAM DETECTOR's Validator are intended for information only and not to be relied on when making financial or business decisions.
(II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SCAM DETECTOR ENTITIES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO SCAM DETECTOR BY YOU FOR THE SERVICES DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
c. No Liability for Conduct of other Subscribers. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER SUBSCRIBERS OR OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT SCAM DETECTOR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF SUBSCRIBERS OR OTHER USERS OF THE SERVICES. SCAM DETECTOR MAKES NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SCAM DETECTOR MAKES NO WARRANTY REGARDING THE QUALITY OF SUCH GOODS OR SERVICES, NOR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY
CONTENT MADE AVAILABLE BY THIRD PARTIES.
d. SCAM DETECTOR Is Not a Broker. SCAM DETECTOR does not, and is not intended to, provide financial or real estate advice. SCAM DETECTOR is not an attorney, escrow agent, lender, or real estate broker representing any Subscriber. SCAM DETECTOR AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EXISTENCE, OWNERSHIP, LEGAL STATUS, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION.
e. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
f. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCAM DETECTOR ENTITIES AND YOU.
13. DISPUTE RESOLUTION
If a dispute arises between you and SCAM DETECTOR, our goal is to provide you with a neutral and cost‐effective means of resolving the dispute quickly. Accordingly, if you have a dispute with SCAM DETECTOR, you agree to contact us and try to resolve the dispute informally before pursuing other avenues, including arbitration as set forth in Section 16(a) below.
14. GENERAL
a. Term and Termination. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for as long as you access or use the Services, unless terminated earlier in accordance with the Terms.
i. Termination by You. You may terminate these Terms with SCAM DETECTOR at any time by deactivating your Account(s) and discontinuing your use of the Services.
ii. Termination by SCAM DETECTOR. We may suspend, terminate, delete, or deactivate your Account(s) or stop providing you with all or part of the Services at any time for any or no reason,
with or without notice, without liability to you.
iii. Survival. In the event of termination, whether by you or by us, Section 3 (Rights You Grant), Section 12 (Indemnification), Section 13 (Disclaimers; Limitation of Liability), Section 14 (Dispute Resolution), Section 15 (General), and Section 16 (Jurisdiction Specific Provisions) of these Terms shall survive.
b. Subscriber Support. We care about your concerns, issues, thoughts, and suggestions. Please email us at [email protected].
c. Infringement. If you believe Content on the Services infringes your copyright, you can reach our notification agent at Scam Detector Media Inc., P.O. Box 13, Edmonton Main, Edmonton, AB, T5J 2G9, Canada; Email: [email protected]. If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).
d. Integration. These Terms, and other Supplemental Terms and policies referenced herein, constitute the entire agreement between you and us with respect to our Services, and supersede any other agreements or understandings (oral or written), except that in the event of any conflict between these Terms and Supplemental Terms the Supplemental Terms shall control solely with regard to the Services to which they apply.
e. Updates. We reserve the right to amend these Terms and any Supplemental Terms at any time. We will notify you of any material changes as legally required (for example, by emailing you, or by posting an amendment notice on our website). Such changes to the Terms and Supplemental Terms shall be effective immediately for new Visitors. Changes to applicable policies and guidelines are effectively immediately unless otherwise stated. If you keep using SCAM DETECTOR after a change to Terms or any applicable Supplemental Terms is effective, you accept and agree to be bound by the new terms; if you disagree with the new terms, you must stop using the Services and delete your Account(s).
f. Notices. Notice to SCAM DETECTOR under these Terms must be in writing and sent to SCAM DETECTOR using the relevant contact information set out in the introductory paragraph above. Notices will be deemed given upon personal delivery, upon delivery if by mail, or upon valid transmission through email.
g. No Agency. These Terms do not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship between you and SCAM DETECTOR.
h. Miscellaneous. To the extent allowed by applicable law, the English version of these Terms is binding, and other translations are for convenience only. You may not assign any of your rights or obligations under these Terms without our prior written consent, which consent may be withheld in our sole discretion. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of you and the SCAM DETECTOR Entities, and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than you and the SCAM DETECTOR Entities. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties. or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its Subscriber states or any Subscriber states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete, and accurate, you shall notify us immediately.
15. JURISDICTION-SPECIFIC PROVISIONS
CANADIAN LAW applies to this agreement. Except to the extent determined otherwise by mandatory applicable law, all disputes arising in connection with the Services shall be brought before the competent Canadian court for the principal place of business of SCAM DETECTOR Media Inc.
The version of any communication of information recorded by SCAM DETECTOR Media Inc. shall be deemed authentic unless you supply proof to the contrary.
16. SEVERABILITY
In case any part of these Terms and Conditions is declared legally invalid, this shall not affect the validity of the agreement’s whole. In such an event, the parties shall agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
