Terms of Service
These “Terms of Service” set forth the terms and conditions governing your use, including viewing content, of the sqoop.com website (the “website”) and services (collectively the “Service”) provided by Sqoop, Inc. (“Sqoop”, “we”, “us”, “our”).
By accessing this website you agree to be bound to these Terms of Service and all applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website.
Sqoop.com is a website for the use by its registered users and to a limited extent, the public at large. There are multiple types of registered users. The scope of access to the site is dependent upon the type of registration:
Public Access: Sqoop grants access to the public at large to read some types of documents as well as general information on the product and services. Such access does not require registration or authentication but is still bound to these Terms of Service.
Journalist Users: You must be a current journalist, blogger or similar content creator to register as a Journalist user. Sqoop may grant Journalists additional features which are not available to other types of registered users or the public. Sqoop reserves the right, in its sole discretion, to reject registrations or deny access of any user as a Journalist.
Business Users: You are a person authorized to represent a company or other type of business entity. Sqoop grants Business Users the ability to author content which may be offered to Journalist Users with related interests via the Service. Sqoop may grant Business Users additional unique features in the future. Sqoop reserves the right, in its sole discretion, to reject registrations or deny access to any business entity or Business User.
If you are located outside the United States, by subscribing to any Sqoop service you consent to your data being sent to the United States and transmitted, stored and utilized pursuant to the provisions of United States law.
3. Intellectual Property
This website, including but not limited to, text, graphics, photographs, video, audio and the Service generally, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual posts and other elements making up the Service are also copyrighted works.
You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sub-license any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service.
You understand that the technical processing and transmission of the Service, including your content may be unencrypted and involve (a) transmission over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks and devices;
You understand that Sqoop cannot guarantee the identity of other users with whom you may interact in the course of using the Service. Additionally, we cannot guarantee the authenticity of any information which users may provide.
4.1. Prohibited Uses
You understand that you may not:
Harvest any Journalist information for any reason
Intentionally spam Journalists with off-topic pitches or other communications
Falsely claim or imply that you, any third party, or content is associated with the Service or Sqoop Inc.
Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, including without limitation, the contents of email or other notifications, the look and feel of the website, or the contents of the web pages of the Service without the express written permission of Sqoop
Verbally, physically, or otherwise abuse (including threats of abuse or retribution) any user or Sqoop employee, agent or officer
Upload, post, host, or transmit unsolicited email, text, or spam messages
Transmit worms or viruses or any code of a destructive nature
Violate any applicable federal, state or local laws or regulations; or,
Plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other rights of any person, firm or entity, expressly including but not limited to libel, slander or invasion of rights of privacy, publicity or “moral rights”.
Furthermore, you are solely responsible for your interactions with other users.
We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other users.
You are solely responsible for the content or information you transmit to other user.
You agree that Sqoop has no responsibility or liability for the deletion, corruption or failure to post, store and/or forward any messages or other content (and/or to do so in a timely manner), including without limitation materials maintained or transmitted by the Service.
4.2. Representations and warranties
You represent and warrant that you:
- Are a Journalist or other type of user meeting the qualifications indicated in Section 1 hereof.
- Are at least 18 years of age.
- Are a human. Access to the website by “bots,” “spiders,” or other automated methods is not permitted.
- Will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
- Will not use the Service to impersonate another person, or otherwise misrepresent your identity, your current or previous positions, qualifications, or affiliations with any person or entity.
- Will not share your account login information and password with anyone else. You agree that you are fully responsible for all activities that occur, and content posted, under your account with or without your knowledge.
- Will not use the Service for any illegal or unauthorized purpose. All use of the service must be in a manner consistent with all applicable laws and regulations.
- Will not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Service.
- Will not transmit junk email to other users.
- Will not attempt to or actually override any security component included in our Services.
- Will not post on the Service, or transmit to other users or to Us or our employees, officers, directors and agents, any defamatory, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including but not limited to, intellectual property rights, trade secrets, and rights of privacy and publicity) or is subject to an enforceable privilege (including, without limitation, attorney-client or trade secret privileged material); and,
- For any content provided by you to Sqoop (“User Content”), you warrant and represent that you have all rights, title and interests necessary to provide such User Content, and that the User Content does not infringe any third party’s proprietary or personal rights, including but not limited to any intellectual property rights.
4.3. Monitoring and Enforcement
Sqoop may, but has no obligation to, monitor Content on the Service, and may not have the ability to control or actively monitor content, we do not guarantee its accuracy, integrity or quality. Sqoop, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Service, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
While Sqoop maintains backups of its servers, it cannot warrant or represent that such backups will provide full or even partial coverage of User Content. Accordingly, you should maintain your own backups of any User Content you provide and deem valuable.
6. Grant of Access; Additional Terms of Service
(6.1) You are granted a nonexclusive, non-concurrent, nontransferable, limited right to access the Service. Your responsibility extends to all activity and use under any user account information (e.g., email) that you use.
(6.2) Sqoop reserves the right to monitor use of the Service to ensure compliance with these Terms of Service. If we determine that you are not in compliance, we reserve the right to take appropriate action including, but not limited to, suspension or cancellation of your account.
(6.3) You may not copy, modify, reproduce, re-transmit or otherwise utilize Sqoop content in any other fashion or for any other purpose without the express written permission of the content’s owner. You may only link to the website for the purpose of directing other users to the site, and must remove any link to the site immediately upon request from Sqoop.
(6.4) You hereby grant Sqoop a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any User Content.
(6.5) You agree to immediately notify Sqoop of any unauthorized use of the Service or any other breach of security. Sqoop cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. Warranties; Limitation of Liability
(7.1) Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. You understand that Sqoop may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.
(7.2) Sqoop does not warrant that (i) the Service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through this Service will meet your expectations; and, (v) any errors in the Service will be corrected.
(7.3) Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service. Sqoop disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information accessed through the Service. Sqoop disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.
(7.4) IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
(7.5) THE SERVICE IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS. SQOOP, ITS AFFILIATES, AGENTS, AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. SQOOP, ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE. SQOOP DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
(7.6) To the extent permitted by law, Sqoop’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to $100. In no event shall Sqoop have any liability to YOU for any claims or demands of third parties OR ANY lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if advised of the possibility of such damages. NEITHER Sqoop, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL SQOOP, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION.
(7.7) Sqoop shall also have no responsibility or liability for any content created by you.
Sqoop may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any term or condition herein, then, in addition to any of its other rights or remedies, Sqoop reserves the right to suspend your access to the Service, without liability to you. Further, Sqoop reserves the right to publicize the identity of any infringing user of Sqoop to all users of the Service.
You agree to defend, indemnify, and hold harmless Sqoop, its employees, officers, directors, affiliates, contractors, attorneys, third party vendors and agents (“Indemnitees”) against all claims, demands, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur in connection with (i) your use of the Service or any hyperlinked website; (ii) a violation of any of your representations, warranties or obligations under this Agreement; (iii) content you submit, post, transmit, or make available through the Service, (iv) your use of the Service, (v) your connection to the Service; or (vi) your violation of any rights of another including but not limited to another’s copyright, patent, trademark, trade secrets, or other intellectual property right.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE.
We may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (i) conform to legal requirements or respond to legal process; or (ii) protect the rights, property, personal safety or interests of Sqoop and/or its employees, officers, directors, contractors, attorneys and agents, its customers, or the public. For more information on disclosure requirements, please see Section 14, below.
As a user, you are solely responsible for all materials that you upload, post, e-mail, transmit, or otherwise make available on or through the Service and/or as a result of a posting. By posting your content on the Service, or responding to a posting on the Service, you grant us a license to copy, distribute, modify and publicly display content that you post on the Service. The purpose of this license is to serve the mechanical and electronic requirements of maintaining the website and its associated syndication technologies. This license does not extend to any use outside of this scope. This license is granted and in force as long as the content exists on the site. Your use of the Service is in consideration for this license, we will not otherwise pay you for User Content. You represent and warrant that you have not granted and will not grant any rights inconsistent with this license.
12. International Use
You agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
13. Fees and Payments
(13.1) To the extent you use features of the Service in exchange for fees, you shall pay those fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable.
(13.2) Charges, if applicable, for access to the Service are either billed at the time of purchase, e.g., a single transaction, or in advance on a monthly basis and you authorize Sqoop to charge the credit card on file for each monthly payment. There will be no refunds or credits for partial months of use of the Service or for upgrades/downgrades. You must provide Sqoop with valid credit card information to use certain functionality of the Service and you represent that you are the cardholder of the credit card used for payment and are authorized to provide this authorization. Sqoop reserves the right to modify its fees and charges and to introduce new charges at any time. For any upgrade or downgrade in service level, your credit card will automatically be charged the new rate on your next billing cycle. If you miss a payment, Sqoop may notify you by phone or mail, but has no obligation to do so. An invalid credit card or failure to remit payment in no way relieves you of payment for the Service.
(13.3) If you cancel the Service before the end of your current paid month, your cancellation will take effect at the end of your current monthly billing period at which time your access will be terminated.
(13.4) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Sqoop’s income. You agree that we may add such charges to your credit card for payment as part of your monthly account fees. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: Sqoop, Inc. Attn: Billing, 111 South Jackson Street, Seattle WA 98104.
(13.5) You agree to provide Sqoop with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Sqoop reserves the right to terminate your access to the Service in addition to any other legal remedies.
(13.6) Unless otherwise agreed to by Sqoop, amounts will be billed in U.S. dollars.
14. E-mail and Public Communications
“Communications” means letters, e-mails, postings, responses to postings, or other types of communications to the editors, webmaster(s) or employees of Sqoop, and messages posted in connection with discussions on the website. You shall not upload to, distribute through, or otherwise publish through a forum on the website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, privileged, trade secret, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed.
(15.1) This Agreement shall be governed by and construed under the laws of Washington exclusive of its conflict of laws provisions. Any suit here under will be brought in the federal or state courts located in the State of Washington, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
(15.2) The failure of Sqoop to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Sqoop. All rights not expressly granted to you herein are reserved by Sqoop.
(15.3) You acknowledge and agree that you and Sqoop are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has the authority to enter into agreements of any kind on behalf of the other, nor shall either party be considered the agent of the other party.
(15.4) You consent to receive communications from Sqoop concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to any postal address you provided in connection with your account. You may change the email or postal address to which Sqoop sends communications by notifying Sqoop in writing (which may be by e-mail). Notices provided to you via email will be deemed given and received on the transmission date. Official correspondence to Sqoop must be sent via postal mail to:
111 South Jackson Street
Seattle, WA 98104
(15.5) You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
(15.6) These Terms of Service, as presently in effect, and as modified from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and govern your use of the Service. These Terms of Service supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter including, but not limited to, prior versions of the Terms of Service. Sqoop reserves the right to modify these Terms of Service or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. We may change or discontinue any part of this Service, without notice, at any time, at our sole discretion.
Last updated: August 4, 2016