tos-3-8-2016

Terms of Service
3/8/2016
Scraawl is a product of Intelligent Automation, Inc. (IAI) These Terms of Service are effective immediately upon your registration for a SCRAAWL account and govern your use of the SCRAAWL service and Website and IAI’s use of any information obtained based on your use of the SCRAAWL account.

  1. Description of Service.
    The Service includes the Website, the Scraawl software, and the services provided through your use of the Website and the Software, including but not limited to browsing any social media posts, including but not limited to posts from Twitter, Instagram, Tumblr, RSS feeds or other social media and web sites (the “Posts”), basic statistics about the Posts, and advanced analytics associated with the Posts. Scraawl Basic (the free version) is offered free of charge for evaluation purposes and for personal and non-commercial use only. Other versions of Scraawl, such as Scraawl Premium and Scraawl Enterprise are offered in accordance with the negotiated terms included on your invoice and order form.
  2. Acceptance of Terms.
    Intelligent Automation, Inc. provides the Service through the website located at http://www.scraawl.com (the “Website”) subject to these Terms of Service. By using Scraawl, you agree that you will comply with the Scraawl Terms of Service,  and to the extent that you use Twitter, Instagram or Tumblr data through Scraawl services, you agree to comply with the  Twitter Terms of Service located at www.twitter.com/TOS,  Tumblr Terms of Use  Located at https://www.tumblr.com/policy/en/terms-of-service   and Instagram Terms of Use located at https://www.instagram.com/about/legal/terms/
  3. Modifications to this AgreementIAI reserves the right to modify this Agreement by posting a revised Agreement and providing a notification on the login page, for a period of two weeks, that the Scraawl Terms of Service have been updated. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
  4. IP Rights.
    IAI shall maintain all rights, title and interest in and to the Website and the Software. No rights are granted to you in the Website, the software or the associated technology other than the right to use the Service according to the terms described herein.
  5. Account Registration.
    You agree to use the Service subject to the terms and conditions described herein. In order to use the Service, you must register for the Service. To register to use the Service and use the Service, you must have the power and authority to accept the Terms of Service, your use of the Service must not be in violation of any applicable export regulations (See Section 12) and you must be at least 18 years of age. After registration, use of Scraawl may require you to provide your user authentication information (as OAuth access tokens) of your Twitter, Tumblr, and Instagram accounts, to link your accounts with Scraawl. By linking your Social media accounts with Scraawl You are authorizing Scraawl to use these tokens/credentials to collect data on your behalf from the respective social media sites. You may delete Scraawl’s authorization for your token through your Twitter, Instagram or Tumblr account setting page,or via the Scraawl profile page at any time.
  6. Use of the Service.
    You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) modify, attempt to gain unauthorized access to the Service or its related systems or networks; (c) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights or intellectual property rights; (d) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (e) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (f) use the Service in any way that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (g) attempt to use any method to gain unauthorized access to any features of the Website or any of the social media sites being analyzed by Scraawl; (h) unless otherwise explicitly agreed to in writing by IAI, use the Website or any content obtained from it as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) unless otherwise approved by IAI, share or distribute, publically display or make available in the public domain as a publication or in any other form, any data and results  obtained from Scraawl, except as aggregate statistics (k) use automated scripts to collect information from or otherwise interact with the Website or the Service; (l) deep-link to the Website for any purpose (other than Scraawl’s home page), unless expressly authorized in writing by IAI; or (m) try to use, or use the Service in violation of these Terms.
    Federal, State or Local Government Use. The Scraawl Technology and Scraawl Content are “commercial items” as that term is define at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Any, use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Scraawl Technology or Scraawl Content by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. To the extent that Scraawl Premium Service is used to collect and analyze Twitter data, collection of data related to political events, groups or affiliated individuals is prohibited.   Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If you use Scraawl Analytics or Scraawl Content in Customer’s official capacity as an employee or representative of a U.S., state or local government entity and you are legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law.
    Third Party Content:  IAI licenses content from various third party providers, including but not limited to Twitter, Instagram and Tumbler (“Third Party Providers” and “Third Party Content”.). You agree that you will not: (i) use any Third Party Content (in aggregate form or otherwise) in connection with any online advertising network, advertising exchange, or data broker, (ii) remove or alter any proprietary notices, copyright notices or marks from the Third Party Content or (iii) display any Third Party Content that may create a false or misleading impression as to the origin or value of such Third Party Content. In addition, you shall comply with the Twitter Terms of Service located at http://twitter.com/tos, the Twitter privacy policy located at http://twitter.com/privacy, and the Twitter Rules located at http://www.twitter.com/rules, Tumblr Terms of Use Located at https://www.tumblr.com/policy/en/terms-of-service   and Instagram Terms of Use located at https://www.instagram.com/about/legal/terms/. You shall defend, indemnify and hold harmless IAI from any claims arising from your use of the Third Party Content or breach by you of Third Party Provider terms of service, rules and policies. IAI may at its option immediately terminate Customer’s access to and use of Third Party Content in the event of Customer’s breach of this Agreement.
  7. Publicity.Customers of Scraawl Premium or Enterprise accounts agree to (a) participate in a press release following the execution of this Agreement naming Customer as a customer of Scraawl, as well as, (b) allow its name to be used in sales materials and user literature, which references Scraawl’s customers generally, and (c) the use of its name, without endorsement, in a listing of Scraawl’s other customers. Customer shall also make reasonable efforts to, upon IAI’s prior reasonable request, to serve as a reference account and to participate in case studies and other promotional activity.
  8. Confidentiality.
    You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You agree that You will not sell, trade or otherwise transfer Your login or account to another party and that you will not charge anyone for access to any portion of the Website, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own. You agree to use Twitter, Tumblr, and Instagram only in compliance with the Twitter Terms of Service, Tumblr Terms of Service, and Instagram Terms of Service.
  9. Data Privacy and Security.
    In providing You the Service, You authorize IAI to collect data about Your searches and save the data collected in order to respond to Your Analytics Service requests. We will also maintain your Scraawl authentication information and certain Twitter, Instagram, Tumblr, authorization information that you provide in order to allow Scraawl to access these social media sites for your Scraawl tasks. You may delete Scraawl’s authorization for your token through Twitter, Instagram or Tumblr at any time. You agree that IAI, through Scraawl, can access Your account information in order to respond to Your service requests and/or as necessary, in Our sole discretion, to provide You with the Services. We agree to store, use and process Your business contact information, including names, business phone numbers, and business e-mail addresses only to the extent necessary to provide You the Services. We will not disclose such business contact information to third parties except if permitted by You in writing or if compelled by law. You grant IAI a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the foregoing described information for the sole purpose of providing You the Service and for IAI’s research purposes. By providing information to IAI through the Service, You represent and warrant that You are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
  10. Availability of Site.
    IAI will make every effort to have Scraawl available at all times, excluding scheduled maintenance windows. As Scraawl relies on several third party services, IAI does not guaranty that the Website will be available on all days or at all times. There may be interruptions in service or events beyond IAI’s control and services may be subject to interruption for indefinite periods of time. IAI will use reasonable efforts to minimize the periods of time during which the Scraawl service is unavailable. In the event of unavailability of Scraawl services for an extended period (over 48 hrs), IAI will work with the subscribers of the paid services of Scraawl to provide a credit for the days Scraawl is unavailable (as a percentage of the prorated monthly Subscription fee), against Subscription fees set forth in the applicable Order Form(s),
  11. Cancellation and Termination.
    If you are using the free version of Scraawl, You may cancel your account with Scraawl at any time by sending a cancellation request to contact@scraawl.com or from the MyProfile page on Scraawl. Upon receipt of Your cancellation request, your SCRAAWL account will be cancelled within 5 business days. If you are using a Scraawl Premium plan, you may not cancel your subscription for the term of the subscription. Your account will automatically be converted to Scraawl Basic at the expiration of your subscription and any purchased upgrades will terminate if you do not renew your subscription prior to its expiration. For both Scraawl basic and Scraawl Premium accounts, IAI reserves the right to terminate your access to Scraawl at any time in its sole discretion. If you have purchased a subscription for a Scraawl Premium plan, upon termination, IAI will return to you the amount paid for the unused months of your subscription.
  12. Compliance with Laws; Export and Import.
    You agree to comply with all applicable foreign, federal, state, and local laws, rules and regulations. The Website and Services are subject to U.S. export laws and may be subject to import and use laws of the country where it is delivered or used. By using the Website and the Service, you agree to abide by these laws. Under these laws, the Website and Services may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by these laws, including countries embargoed by the U.S. Government (currently Cuba, Iran, North Korea, Northern Sudan and Syria); or to any restricted or denied end-user including, but not limited to, any person or entity prohibited by the U.S. Office of Foreign Assets Control; or for any restricted end-use. If you are from one of these countries or are a prohibited person or entity, you may not use the Website or the Service. You will maintain all rights and licenses that are required with respect to your use of the Website and/or Services. You have been asked to identify the end-user of your subscription as well as the end-user’s address, email address and country. By using Scraawl, You certify that the information provided is complete, accurate and true.
  13. Disclaimer of Warranties and Liability.
    THE SERVICE, INCLUDING THE WEBSITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND IAI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IAI DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE SOFTWARE, THE COMPUTED ANALYTICS, OR THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IAI DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN THE FUNCTIONING OF THE WEBSITE, EXCEPT AS OTHERWISE EXPRESSLY SETFORTH HEREIN. FURTHERMORE, IAI DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICE OR ITS USE, LOSS OF PERSONAL CONTENT ON THE SITE, LOST OR UNDELIVERABLE EMAIL, AND FOR ANY OTHER REASON. YOU ACKNOWLEDGE THAT IAI DOES NOT WARRANT THAT SOCIAL MEDIA POSTS OR OTHER INFORMATION OBTAINED BY YOU FROM SCRAAWL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IAI IS IN NO WAY LIABLE FOR ANY ACTION TAKEN BY YOU BASED ON INFORMATION OR SOCIAL MEDIA POSTS OBTAINED THROUGH YOUR USE OF THE WEBSITE OR THE SERVICE. IAI DOES NOT WARRANT THAT THE SOCIAL MEDIA POSTS OR INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE WEBSITE OR THE SERVICE ARE ACCURATE OR COMPLETE OR TRUTHFUL. YOU HEREBY RELEASE IAI FROM LIABIITY AND HOLD IAI HARMLESS FOR ANY ACTION TAKEN BY YOUR OR ANY OTHER PARTY BASED ON THE INFORMATION YOU OBTAIN THROUGH THE SERVICE OR THE WEBSITE. Under no circumstances will IAI be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of the Website or the Service. IAI provides the platform for the Service through the Website. IAI does not control or vet any social media posts for accuracy, content, compliance with any law or regulations or for any other purpose. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content of posts that you obtain through Your use of the Website or the Service. You may encounter tweets or posts collected by the Website. IAI is not responsible for the conduct, whether online or offline, of any user of the Website or the Service or for any postings made through Twitter, Tumblr, or Instagram and collected and/or analyzed by Scraawl. IAI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE AND/OR THE SERVICE
  14. Limitation of Liability.
    Neither You nor IAI will be liable , under any legal theory, whether in contract, tort, negligence or otherwise, for any indirect, incidental, special, exemplary, consequential, punitive, or other similar damages, including lost profits, lost sales or business, lost data, business interruption, or any other loss incurred by such party relating to the Service, the Website or the Software.
  15. No Assignment.
    You may not assign these Terms of Service to any third party without the written consent of IAI.
  16. Severability.
    If any provision of these Terms of Service is held by a court of law to be unenforceable, the provision shall be modified by the court and interpreted in such a way as to be enforceable and to accomplish the unmodified provision to the fullest extent possible. All other provisions of the Terms of Service shall remain in full force and effect.
  17. Relationship/Independent Contractor.
    The only relationship between the parties is that of provider of the Service and user of the Service. Nothing herein shall be construed as creating any relationship between the parties of principal and agent, partners, joint venturers, employer and employee or any other similar kind of relationship.
  18. Survival.
    All provisions of these Terms of Service shall survive termination of these Terms of Service except for Sections 3,5,6 and 10.
  19. Governing Law.
    These Terms of Service shall be governed by the state of Maryland, excluding its choice of law provisions.
  20. Federal Government End Use Provisions.
    This Service is a Commercial Item, consisting of Commercial Computer Software and Commercial Computer Software Documentation as defined in the Federal Acquisition Regulations.
  21. No Waiver.
    IAI’s failure to enforce any provision of these Terms of Service does not constitute a waiver of that provision or of any other provision of these Terms of Service.