SkinnyScoop's products and services are provided by the SkinnyScoop LLC. Please read carefully these Terms and our Privacy Policy and contact us if you have any questions. These Terms and our Privacy Policy govern your access to and use of SkinnyScoop's website, products, and services ("Products") and constitute a binding legal agreement between you and SkinnyScoop.

By accessing or using our Products, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. SkinnyScoop reserves the right, at its sole discretion, to modify, discontinue or terminate the Products or to modify these Terms, at any time and without prior notice.

Key Terms

"Content" means text, graphics, images, software, information or other materials, including the infrastructure used to provide such Content.

"SkinnyScoop Content" means all Content that SkinnyScoop makes available through our Products, including any Content licensed from a third party, but excluding Member Content.

"Member" means a person that completes our account registration process, as described under "Account Registration" in Section 2 below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through our Products.

"Site Content" means Member Content and SkinnyScoop Content.

1. Eligibility

You may use our Products only if you can form a binding contract with SkinnyScoop, and only in compliance with these Terms, our Privacy Policy and all applicable laws. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

2. Account Registration

In order to access certain features of our Products, you must register to create an account ("Account"). When you create your SkinnyScoop account, you must provide us with accurate and complete information.

SkinnyScoop reserves the right to suspend or terminate your Account and refuse any and all current or future use of our Products if we have reasonable grounds to suspect any of your profile data is untrue, inaccurate, not current or incomplete, or if you otherwise violate any of these Terms.

Members must immediately notify SkinnyScoop of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a Member's password.

Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her screen name and password and all usage or activity on her Account, including use of the Account by any third party, whether or not such use is authorized by the Member.

3. SkinnyScoop Content and Member Content License

Subject to your compliance with these Terms, SkinnyScoop grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Fancy Content solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SkinnyScoop or its licensors, except for the licenses and rights expressly granted in these Terms.

4. Member Content

a. Posting Content
SkinnyScoop allows you to post content, including text, graphics, images and other materials. Anything that you post or otherwise make available on our Products is referred to as "Member Content." You retain all rights in, and are solely responsible for, the Member Content you post to SkinnyScoop.

b. How SkinnyScoop And Other Users Can Use Your Content
You grant SkinnyScoop and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Member Content on SkinnyScoop solely for the purposes of operating, developing, providing, and using the SkinnyScoop Products. Nothing in these Terms shall restrict other legal rights SkinnyScoop may have to Member Content, for example under other licenses. We reserve the right to remove or modify Member Content for any reason, including Member Content that we believe violates these Terms or our policies.

c. How Long We Keep Your Content
Following termination or deactivation of your Account, or if you remove any Member Content from SkinnyScoop, we may retain your Member Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, SkinnyScoop and its Members may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Member Content that other users have stored or shared through SkinnyScoop.

d. Your Responsibility For Your Content
SkinnyScoop provides a creative and positive place for you and other users to recommend and discover things. To keep it that way, you must abide by our Community Guidelines. Except as expressly provided in these our Community Guidelines, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.

4. Copyright Policy

SkinnyScoop respects the intellectual property rights of others. Materials may be made available via our Products by third parties not within our control. We are under no obligation to, and do not, scan Content posted. However, it is our policy upon proper notice to remove materials or information that violate copyright law, suspend access to our Products (or any portion thereof) to any Member who uses the Products in violation of copyright law, and terminate the Accounts of repeat infringers.

Pursuant to the Digital Millennium Copyright Act (DMCA), Title 17 of the U.S. Code, Section 512, SkinnyScoop has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to SkinnyScoop’s designated copyright agent:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has 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

6. 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.

All DMCA notices should be sent to our designated agent as follows:

Eden Godsoe, CEO
The SkinnyScoop LLC
1001 Bayhill Drive, Ste 252
San Bruno, CA 94066
support@theskinnyscoop.com

5. Security

We care about the security of our users. While we work to protect the security of your Content and Account, SkinnyScoop cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your Account.

6. Third-party Links, Sites and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SkinnyScoop. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from SkinnyScoop, you do so at your own risk and you agree that SkinnyScoop will have no liability arising from your use of or access to any third-party website, service, or content.

7. Warranty Disclaimer

YOU UNDERSTAND THAT YOUR USE OF THE PRODUCTS (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE PRODUCTS AND ALL INFORMATION AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE PRODUCTS, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SKINNYSCOOP MAKES NO WARRANTY THAT THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT SKINNYSCOOP DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

YOUR USE AND BROWSING OF THE PRODUCTS IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED ON OUR PRODUCTS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, SKINNYSCOOP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE PRODUCTS AND ALL INFORMATION AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM OUR PRODUCTS.

8. Limitation of Liability

IN NO EVENT WILL SKINNYSCOOP OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE PRODUCTS, EVEN IF SKINNYSCOOP HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OUR PRODUCTS TRANSMITTING INFORMATION SUCH AS PERSONAL MESSAGES OVER UNENCRYPTED NETWORKS SUCH AS EMAIL OR THE INTERNET.

YOU SPECIFICALLY ACKNOWLEDGE THAT SKINNYSCOOP SHALL NOT BE LIABLE FOR MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU..

9. Exclusions and Limitations

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

10. Indemnity

You understand that you are personally responsible for your behavior while using our Products. You agree to indemnify and hold SkinnyScoop, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from: your use of the Products; your violation of any of these Terms; your violation of any applicable law or the rights of any third party, including without limitation any copyright, property, or privacy right; or any claim that one of your submissions or any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of our Products.

11. Arbitration

For any dispute you have with SkinnyScoop, you agree to first contact us and attempt to resolve the dispute with us informally. If SkinnyScoop has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and SkinnyScoop agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that SkinnyScoop will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SKINNYSCOOP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12. General Provisions

No Agency
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Company in any respect whatsoever.

Entire Agreement These Terms are the entire agreement between you and SkinnyScoop. They supersede any and all prior or contemporaneous agreements between you and SkinnyScoop relating to your use of the Site or the Services.

No Assignment
These Terms, and any rights granted hereunder, are not assignable, transferable or sublicensable by you except with the Company’s prior written consent. Any assignment attempted to be made in violation of these Terms shall be void.

Waiver and Severability of Terms
If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of SkinnyScoop to partially or fully exercise any rights under these Terms or the waiver of any of the term of these Terms by SkinnyScoop shall not prevent a subsequent exercise of such right by SkinnyScoop or be deemed a further or continuing waiver by SkinnyScoop of that or any other term.

The rights and remedies of SkinnyScoop under these Terms and any other applicable agreement between you and SkinnyScoop shall be cumulative, and the exercise of any such right or remedy shall not limit SkinnyScoop's right to exercise any other right or remedy.

No Third Party Beneficiaries
Nothing in these Terms shall be deemed to confer any third party rights or benefits.

Choice of Law and Forum
These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. Any claim or dispute between you and SkinnyScoop that arises in whole or in part from our Products shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California.

Limitation of Actions
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SkinnyScoop Products or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.